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Leave granted but need help, please!!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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MILOLINDO12
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Leave granted but need help, please!!

Post by MILOLINDO12 » Wed Sep 04, 2019 9:09 am

Hi All,

I have applied for spouse visa extension and I am really confused about the wording of the document we have received yesterday. Can someone help, please.

We submitted an application for FLR but the wording in the doucment saying something else and we can't get over it.

"On 7 July 2019 , You have submitted an application for limited leave to remain as a partner route. I am writing to inform you that you have been granted a period of 30 months limited leave to remain under paragraph D-LTRP1.1 of Appendix FM to the Immigration Rules as we are satisfied that you meet the requirements of paragraph R-LTRP.1.1 (a), (b) and (c) of these rules. You may be eligible to apply for settlement after completing at least 5 years under this route."

She has been in the UK for 33 months on entry clearance partner visa initially and we assumed this was the extension but they asked us to complete another 5 years on this route which will total 7.5 years before ILR.

Can someone please advise as soon as possible?

Many thanks

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Jhelumi
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Re: Leave granted but need help, please!!

Post by Jhelumi » Wed Sep 04, 2019 9:34 am

MILOLINDO12 wrote:
Wed Sep 04, 2019 9:09 am
Hi All,

I have applied for spouse visa extension and I am really confused about the wording of the document we have received yesterday. Can someone help, please.

We submitted an application for FLR but the wording in the doucment saying something else and we can't get over it.

"On 7 July 2019 , You have submitted an application for limited leave to remain as a partner route. I am writing to inform you that you have been granted a period of 30 months limited leave to remain under paragraph D-LTRP1.1 of Appendix FM to the Immigration Rules as we are satisfied that you meet the requirements of paragraph R-LTRP.1.1 (a), (b) and (c) of these rules. You may be eligible to apply for settlement after completing at least 5 years under this route."

She has been in the UK for 33 months on entry clearance partner visa initially and we assumed this was the extension but they asked us to complete another 5 years on this route which will total 7.5 years before ILR.

Can someone please advise as soon as possible?

Many thanks
Hello,

Nothing to worry about and congratulations

You were previously granted 33 months and now you've been granted a further 30 months. That totals to 5.3 years (not 5 years from now on top of the previous 33 months).

MILOLINDO12
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Re: Leave granted but need help, please!!

Post by MILOLINDO12 » Wed Sep 04, 2019 10:30 am

Hi Jhelumi,

Many thanks for your response and appreciate coming back to me.

Is it a bit confusing as on the back of the letter they said I need to apply for a further 30 months on this leave before applying for ILR.

The wording was as below:
Future application:
You should apply for further leave in the prescribed manner prior to the expiry of your current leave. Please note you must continue to meet the requirements of the immigration rules, in culding the time of all future applications. if you mee the criteria set ou in the immkigration rukles, you will be given a further period of leave of 30 months.

Following a continuous period of lawful leave to remain the in the UK of at least five years ( 60 months) and subject meeting the requirements of the immigration roles you may be eligible for indefinite leave to remain"

Hence why the confusion and I still can't get around it.

Appreciate your help.

Fadi

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CR001
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Re: Leave granted but need help, please!!

Post by CR001 » Wed Sep 04, 2019 3:52 pm

If you actually just read the relevant immigration rules, you will see it is a normal extension.

https://www.gov.uk/guidance/immigration ... ly-members
Section R-LTRP: Requirements for limited leave to remain as a partner
R-LTRP.1.1. The requirements to be met for limited leave to remain as a partner are-

(a) the applicant and their partner must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a partner; and either
(c)
(i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner; or
(d)
(i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets the requirements of paragraphs E-LTRP.1.2-1.12. and E-LTRP.2.1-2.2.; and
(iii) paragraph EX.1. applies.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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seagul
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Re: Leave granted but need help, please!!

Post by seagul » Wed Sep 04, 2019 7:13 pm

MILOLINDO12 wrote:
Wed Sep 04, 2019 9:09 am
You may be eligible to apply for settlement after completing at least 5 years under this route."

They clearly mentioned that its normal extension.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

MILOLINDO12
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Re: Leave granted but need help, please!!

Post by MILOLINDO12 » Thu Sep 05, 2019 8:04 am

Thanks everyone for your replay.
Even though the front page is clearly mentioning is normal extension but on the back of the letter and where they say future applications quoted as below:
You should apply for further leave in the prescribed manner prior to the expiry of your current leave. Please note you must continue to meet the requirements of the immigration rules, in culding the time of all future applications. if you mee the criteria set ou in the immkigration rukles, you will be given a further period of leave of 30 months.

Following a continuous period of lawful leave to remain the in the UK of at least five years ( 60 months) and subject meeting the requirements of the immigration roles you may be eligible for indefinite leave to remain"

Hence why the confusion really and the questions.

Thanks

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CR001
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Re: Leave granted but need help, please!!

Post by CR001 » Thu Sep 05, 2019 8:09 am

It is a generic template letter.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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