I am asking this question on behalf of a friend whom I am trying to assist. Based on your experience, I would appreciate your advice on the best course of action.
My friend came to the UK on a Tier 2 Visa and recently obtained ILR (Indefinite Leave to Remain) in July 2024. His company, which offered him the job, also sponsored his family. Family details are as follows:
Entered the UK: 25/07/2019
Status on BRP: PBS Dependant Leave to Enter (3 years)
Extension: 15/03/2022
Status on BRP: Dependant Partner Leave to Remain (3 years)
Date of ILR application: 10/07/2024
He applied for ILR for his family (wife + 3 children) under a SET(M) application, which I believe was incorrect.
He received the following email from HO:
"Thank you for your recent application as a Spouse/Partner under Appendix FM.
You have submitted an application for Indefinite Leave to Remain (ILR) under the Spouse/Partner route of Appendix FM within the Immigration rules.
In order to qualify for ILR under Appendix FM you are required to have completed at least 60 months under D-LTRP.1.1, as stated in section E-ILRP.1.3 of Appendix FM below:
...However, we are satisfied that you may be eligible for limited leave to remain of 30 months on Appendix FM of the Immigration Rules, subject to you satisfying all the necessary requirements. Therefore, we are offering you the opportunity (with your consent) to withdraw your application to enable you to apply for FLRM limited leave to remain. Any outstanding fees will be refunded. As your current visa expires on 28 Apr 2025...
"
My friend responded, suggesting there may have been an error by the Home Office in calculating the time spent outside the UK. He attached all the relevant documentation regarding his family's time outside the UK. The Home Office replied with the following
"I can confirm your history is via the ‘Tier 2 Partner – LTE from 25th July 2019’ and ‘Tier 2 - LTR – General from 14 Mar 2022’. Unfortunately, they do not count towards the current application under the Spouse/Partner route....
If you would still like to go ahead with this application or withdraw it, please let me know as soon as possible so I can progress this to the next stage."
Questions:
Do the BRP statuses provided match what the Home Office has stated?
- Entered the UK: 25/07/2019, Status on BRP: PBS Dependant Leave to Enter (3 years)
- Extension: 15/03/2022, Status on BRP: Dependant Partner Leave to Remain (3 years)
- The Home Office stated: "I can confirm your history is via the ‘Tier 2 Partner – LTE from 25th July 2019’ and ‘Tier 2 - LTR – General from 14 March 2022."
If he withdraws the application, is there a likelihood that he will receive a refund for the application fees?
What should his next steps be?