Set(M) Refused - Need Help

[lcross]

Hello...

I have recently had my Set(M) application refused stating ‘as you did not enter the UK until 6 March 2009, it is noted that you have not yet completed the 2 year probationary period as the spouse of a person present and settled in the UK’

While this statement is correct and I have not completed the full 2 year probationary period, I have been married to, and living with my husband outside of the UK since 2002.

According to the Home Office UKBA website:

Where an applicant has satisfied all of the requirements for Indefinite Leave to Enter (ILE), except the KOL requirement, they should be granted 27 months Leave to Enter (LTE). During this time they can, at any point, satisfy the KOL requirement in the UK and apply for Indefinite Leave to Remain (ILR)

And:(but I can’t find it anymore)

Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, they should be granted 27 months leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain in the UK. The following endorsement should be used: D: SETTLEMENT: SPOUSE/CP (KOL REQ):

Now then, I have the correct endorsement, I have completed the KOL requirement and I have documented several years of cohabitation both in and out of the UK but I was still refused my ILR with no right to appeal.

Can anything be done? Please help?

[f2k]

What visa did you enter the UK on? When did you enter the UK / how long have you lived in the UK.

[vinny]

Hello...

I have recently had my Set(M) application refused stating ‘as you did not enter the UK until 6 March 2009, it is noted that you have not yet completed the 2 year probationary period as the spouse of a person present and settled in the UK’

While this statement is correct and I have not completed the full 2 year probationary period, I have been married to, and living with my husband outside of the UK since 2002.

According to the Home Office UKBA website:

Where an applicant has satisfied all of the requirements for Indefinite Leave to Enter (ILE), except the KOL requirement, they should be granted 27 months Leave to Enter (LTE). During this time they can, at any point, satisfy the KOL requirement in the UK and apply for Indefinite Leave to Remain (ILR)

And:(but I can’t find it anymore)

Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, they should be granted 27 months leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain in the UK. The following endorsement should be used: D: SETTLEMENT: SPOUSE/CP (KOL REQ):

Now then, I have the correct endorsement, I have completed the KOL requirement and I have documented several years of cohabitation both in and out of the UK but I was still refused my ILR with no right to appeal.

Can anything be done? Please help?

You're correct. See also SET3.22 What is the endorsement for spouses? and SET16.1 What is the Knowledge of Language and Life in the UK (KOL) provision? and Knowledge of life in the UK.

If you satisfy 288, then you may apply for ILR.

The logical disjunction "or" is used within 287(a)(i). Satisfying 287(a)(i)(c) is sufficient to satisfying 287(a)(i). Therefore, if 287(a)(i)(c) is satisfied, then satisfying 287(a)(i)(a), the two-year probationary period, is not required. Ask the UKBA to reconsider under the appropriate Immigration rules.

Also ask Mr Rusty about the ILR application fee?