ILR Refused through SET(LR), but married to British Citizen - options?

[kbau5]

Hi all, long time lurker - first time poster.

I'm posting on behalf of my partner, who is currently on a Spouse Visa with myself - British citizen. She recently got rejected for her SET(LR) for exceeding number of days. There were two medical emergencies while abroad that she applied discretion for, one was accepted and the other wasn't - so Home Office has refused her the ILR. Bit devastated, but hey-ho.

My question is, if someone could advise, what is the next potential timeframe for us to apply for her ILR next? I understand we have to go for FLR(M) to extend in coming Dec-2024. Since the 10 year continuous path is no more, we go down the 5 year spouse route? Are there any other settlement routes that can be available to her that anyone is aware of? By my understanding, if she doesn't leave the country at all now, the next time she will meet the 548 days on the 10-year SET(LR) is 05-Jan-2026, but if 5 year route SET(M) it will be 28-May-2027.

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I'm also a bit confused with the way Home Office do the calculations? This is the quote from the rejection, it doesn't match my excel sheet of absences.

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By my calculations, between 18-Sep-2013 and 18-Sep-2023 the absence from the UK was total of 739 days. Between 05-Apr-2014 to 05-Apr-2024 is calculating to be 731 days.

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Any advice please so we can plan our lives around this haha . Will be very much appreciated!

Thanks for reading this massive wall of text...

[CR001]

Date of departure and date of return dont count as absence. Only whole days are counted.

[kbau5]

ah lovely, thanks for the clarification -that makes - the new table therefore will be:

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So the new 548 days trigger on 10-year route will be 13-Aug-2025 - and we can technically apply 28 days before this date - so 16-Jul-2025? Am I correct in this thinking?

[zimba]

Some calculations do not look right to me. e.g.:

08-Oct-23 11-Oct-23 3 days 32
17-Jun-23 20-Jun-23 3 days 33

The first line should be 9th and 10th so it is two days
The second line should be 18th and 19th, so again two days

Can you double-check your calculations? Only exclude the departure and entry days and only count full days of absence

[kbau5]

Some calculations do not look right to me. e.g.:

08-Oct-23 11-Oct-23 3 days 32
17-Jun-23 20-Jun-23 3 days 33

The first line should be 9th and 10th so it is two days
The second line should be 18th and 19th, so again two days

Can you double-check your calculations? Only exclude the departure and entry days and only count full days of absence

ah yes - silly me, Friday afternoon brain. I ran the calculations again, but it's not matching what the Home Office rejection email said still - you folks reckon it could've been a mistake by the case officer? They are under-calculating it by 29 days somewhere.

Date From	Date to	Home Office Calc	My Calc
18-Sep-2013	18-Sep-2023	682 days	711 days
05-Apr-2014	05-Apr-2024	693 days	722 days

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[zimba]

They do not have to get an exact number. When above 540 days, then they just can refuse the application.

[kbau5]

They do not have to get an exact number. When above 540 days, then they just can refuse the application.

I see - thanks for the response there, maybe they're not scrutinising it too much above the 548 limit.

Would you mind clarifying then these are the two options for us for ILR?

1. 10 year route SET(LR): Wait till she doesn't trigger 548 days anymore, which is Jan-2026, and then apply?
2. Spouse Route SET(M): Apply for extension for Spouse Visa Dec-2024 and then wait in 28-May-2027 on the 5 year route.

Thanks again guys for looking at this.

[zimba]

The choice is yours. There are two separate routes and one has financial requirements. You'd better apply when eligible at the earliest