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What are the paragraphs you were granted leave under ? Please paste the decisions here
Also, this is what Appendix FM says regarding the 5 year route eligibility:Use this form to apply to settle in the UK as a current spouse or partner of a person present and settled in the UK or as a parent of a child present and settled in the UK and you have spent 5 years with permission to qualify for settlement.
Use a different form if you have spent 10 years with permission to qualify for settlement.
You should only use this form if your:
current leave to remain is as the partner of a British citizen, settled person, or person with refugee leave or humanitarian protection and that leave is on the 5 year route and you have completed at least 5 years with leave on that route.
current leave to remain is as the parent of a child present and settled in the UK on the 5 year route and you have completed at least 5 years with leave on that route.
Based on the above, it would seem that they can make a decision to refuse an application for not completing exactly 5 years before the date of application?E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).
GEN.1.15. Where, pursuant to paragraph D-ILRP.1.2., D-ILRP.1.3., D-ILRPT.1.2. or D-ILRPT.1.3., a person who has made an application for indefinite leave to remain under this Appendix does not meet the requirements for indefinite leave to remain, but the Secretary of State believes they may qualify for limited leave to remain under this Appendix or under Appendix Private Life:
(a) the Secretary of State will instead treat the application for indefinite leave to remain as an application for limited leave to remain; and
(b) the Secretary of State will notify the applicant in writing of any requirement to pay an immigration health charge under the Immigration (Health Charge) Order 2015 in relation to that application for limited leave to remain; and
(c) if any requested immigration health charge is not paid, the application for limited leave to remain will be invalid and will not be considered and the Secretary of State will not refund any fee paid in respect of the application for indefinite leave to remain.
Have you got any updates on the matter?kixxo wrote: ↑Mon Jul 08, 2024 2:44 pmThanks for your response.
I have today sent them a Pre-protocol action letter for invalidating my application as it unlawful and unreasonable as i meet all the requirements of the immigration rules for a grant on Indefinite leave to remain under Appendix FM 5 years partner route.
I have asked them to withdraw the decision to invalidate my application and the application should be considered promptly and also Refund the Super Priority service i paid in line with the secretary of states policy on the basis that my application was straightforward and was not decided within 24 hours