Applied for ILR, but received complex reply with 2.5 years extension - HELP!

[biziguy22]

Hello All (especially moderators),

Sub: Set (O) - ILR - Falling short of income due to Corona - Please advise

First of all, apologies if my question or situation has already been answered. I have spent good amount of time and scanned quite a few pages through search but could not find a query which is similar to mine.
If there is already a thread running, please point me there, I will be grateful and delete this one. I have read all the sticky posts first.

I will keep it short, simple and straight-forward in bullet points for quick understanding and advice please.

- I have a ILR
- My wife and child are currently on FLR(M)
- Will be completing their 5 years in June and are in the process of filling-up SET(O) form online
- Required income for getting ILR for both of them is £22,600
- However, due to Corona virus outbreak and due to my job being temp., I am afraid we will not be able to meet the income required (maybe I will be £1,000 short)
- Just would like to know if the Home Office rules will have any relaxation / leniency due to this unprecedented situation please (if I were to mention this on the Covering Letter)
- Please note that I would be able to show required income if there was no Corona outbreak and temps. relieved from their work.

BTW, we had booked a in-person appt., but got an email that due to Corona, it got cancelled and we must apply by post. Just dreading thinking about how long the passports will be stuck for (bearing in mind the backlog this Corona is creating and some cases we all have witnessed)

Thank you all a million times for any inputs, advises and guidance in this matter. Really appreciate moderators for allowing me to post my concern.

Please let me know if I have not adequate details here, I will promptly reply.

Many Thanks,
Biziguy

[CR001]

SET O is the wrong form.

You should be applying on SET M if they have held FLR M visas for 5 years.

What is their UK immigration history exactly? Have they held FLR m for 5 years??

When did you get ILR and through which route?

There is NO postal application route or service. You must apply online and then book the appointment once the centres reopen.

[biziguy22]

Hello CR-001,

Many Thanks for your prompt reply.
Here are the answers to your questions in the order asked please.

- Both wife and child arrived in UK in Jan 2014 on Tier 1 General Partner and Dependant (respectively).
- They then moved to FLR (M) in June 2015 (which was issued for 2.5 years).
- They both renewed their FLR (M) in Dec 2017 (for another 2.5 years).
- Yes, they have now held FLR (M) for nearly 5 years (as I write this)

- I got my ILR through Tier-1 General Route (formerly HSMP). Arrived in country in 2010, got ILR in 2015 {this is when I had recieved my ILR}.

- Yes, I am sorry about my last point. I meant to say we have made a online booking but unable to go for premium service (as they cancelled it owing to Corona Virus).

Thanks very much indeed.

Biziguy

[CR001]

If you submitted the application on form SET O, it is the wrong form and will be refused as they don't hold a qualifying visa to apply on form SET O.

[biziguy22]

No,
I haven't submitted the appl. form yet
Will be now changing to SET (M) as advised by you.

Visas are due to run out in June.

Now, coming back to the original query please (about the possibility income falling short) will there be exemption or leniency due to job loss caused by Corona (which is unprecedented).

Many Thanks,

[CR001]

How did you try make a biometric appointment if you have not submitted the application yet?? You cannot book an appointment until you have submitted the online application form. If you have gotten to the point of booking an appointment, then you must have submitted the application.

There has been no relaxation of the rules about meeting the financial requirment.

[biziguy22]

Well, it's not exactly a BRP appt. date but an in-person single day service date.

I started filling out the form way back in Feb 2020 itself (4 months before pressing the SUBMIT button).

I have got to the point of paying.

Point noted about financial requirement.
Will need to sort something out urgently.

Regards

[CR001]

Well, it's not exactly a BRP appt. date but an in-person single day service date.

There is no in person service at an ho premium centre anymore. They were all closed in November 2018. You now only book an appointment with ukcvas sopra steria (third party agent) for identity check and biometric enrolment. You do not get the decision at the appointment and you do not interact with an HO caseworker.

You only have super priority (costs an extra £800 per person) or standard service (8 weeks) now. Super priority is currently suspended and not available.

[biziguy22]

You now only book an appointment with ukcvas sopra steria (third party agent) for identity check and biometric enrolment.

Sorry please.
How do I book an appt. with these guys please.
I just checked their website and couldn't find a link. I guess once I finish my application, the same login details from HO will work on Sopra Steria too?

Please advise.

Many Thanks

[CR001]

You can only book an appointment once you have submitted your application. It is not possible to book an appointment first.

Note also that all the ukcvas biometric centres are currently closed.

[biziguy22]

Hello Mods and Users,

Sorry for the post. As always, I have searched (by logging-out) thoroughly and only posting after not finding anything related.

Well, it sounds and works in a stupid way. I am filling out SET(M) form and because I have 2 current jobs, I need to fill out the details for both (like Job title, total earnings, yearly GBP figure etc.)

However, in the IInd job, the form asks me to to enter the "end date" of the job. The system thinks it was a "previous" job. However, both are current.

I am unable to proceed without filling out the end date. It is ridiculous.

It's driving me mad because I will be able to meet the financial requirement only if I quote income from both jobs.

Please help or advise. Greatly appreciate.

Regards,
Biziguy

[biziguy22]

Hello Mods and Users,

Sorry for the post. As always, I have searched (by logging-out) thoroughly and only posting after not finding anything related. (Infact, I posted in the wrong chain once and I am unable to delete from there).

Well, it sounds and works in a stupid way. I am filling out SET(M) form and because I have 2 current jobs, I need to fill out the details for both (like Job title, total earnings, yearly GBP figure etc.)

However, in the IInd job, the form asks me to to enter the "end date" of the job. The system thinks it was a "previous" job. However, both are current.

I am unable to proceed without filling out the end date. It is ridiculous.

It's driving me mad because I will be able to meet the financial requirement only if I quote income from both jobs.

Please help or advise. Greatly appreciate.

Regards,
Biziguy

[seagul]

However, in the IInd job, the form asks me to to enter the "end date" of the job. The system thinks it was a "previous" job. However, both are current.

I am unable to proceed without filling out the end date. It is ridiculous.

,
Biziguy

To let the application move forward give the date there when you will submit the application and add a covering letter to clarify it.

[biziguy22]

Hello Mods and Experts,

My query is simple and straight-forward. Please advise. Thanks a grand in advance.

- I have a ILR and settled.
- I am applying for SET(M) for my wife and child (they completed 5 years on FLR(M).
- My income from employment is sufficient to meet the required threshold (£22400)
- While filling-up the online form, there is a field that asks "are you a director of a company?"
- Well, I am a director of a Ltd Company I had opened last year to do courier delivery work (for Amazon etc.)
- However, the company majorly remains dormant and there has been no income except one credit of £50.
- This year I completed self-assessment and put nil income which was appropriate and have confirmation from
HMRC too.
- This income gets credited in a separate business account (not in the salary account).

Now, please advise:

1) Should I tick YES on the question and get into the hassles of producing extra paper-work as evidence?
2) Or should I just tick NO and save myself and case-worker the hassles please?

Thanks a million!
biziguy

[zimba]

Answer NO if you do not want to claim points using the company

[CR001]

Answer NO if you do not want to claim points using the company

It is for a SET(M) ILR application. No points as not SET(O).

[zimba]

Answer NO if you do not want to claim points using the company

It is for a SET(M) ILR application. No points as not SET(O).

Correct. But if they choose YES then the application form asks them for evidence of company accounts etc which they do not need to submit if they do not want to rely on it

[biziguy22]

Thank you Moderator.
Really valuable and quick advice.
Appreciate it.

Kind Regards,
biziguy

[biziguy22]

Hi Moderators and Everyone else,

Please see the email below which I received from Home Office this morning. I myself am on ILR and applied for ILR (SET-M) in May 2020 for my wife and child and received this response. Need your help and advise please. Greatly appreciate. My questions will follow this email. I have cut down major part of email to increase clarity and reduce clutter. Let me know, I will post the whole thing again.

=================================================================

Thank you for your application for indefinite leave to remain. Your application
has not been considered by the Secretary of State personally, but by an official
acting on their behalf.

We have considered your application and you do not qualify for indefinite leave
to remain. The reasons for this are set out in Annex A to this letter.
However, we are satisfied that you would fall to be granted limited leave to
remain of 30 months on the basis of R-LTRP.1.1 (a), (b) and (d) of Appendix
FM, were you to make a valid application for such leave.

In these circumstances, in accordance with the consent you gave on the
application form, we are now treating your application as an application for
Limited leave to remain. However, under paragraph 6(1)(c)(ii) of the Immigration
(Health Charge) Order 2015, we will be obliged to treat your application for
limited leave to remain as discontinued if you do not comply with a requirement
to pay an immigration health surcharge by the date specified.

In respect of your application, in order for it to be valid and for you to be granted limited leave to
remain, you must pay an immigration health surcharge of £2000 by 29 March
2021.

What this means for you
If you do not pay the immigration health surcharge by the specified date, your
application for limited leave to remain will be discontinued. This means that you
will not be granted limited leave to remain and your application fee will not be
refunded. You will not be able to appeal this decision and you may be liable for
removal from the United Kingdom.

I have removed parts where they explained how to pay £1000 for each my wife and child towards NHS surcharge for next 30 months

NOW THE REST OF THE POINTS I NEED HELP UNDERSTANDING PLEASE

Reasons you would qualify for a grant of limited leave to remain
Your application has been considered for limited leave to remain under the
Immigration Rules, including the partner routes contained within Appendix FM.
As you have a parental relationship with children who are British citizens, we are
satisfied that you would meet the requirements of paragraph R-LTRP.1.1 (a), (b) and
(d) of Appendix FM (10 year route) because of your family life.

Therefore, as you have only demonstrated earnings of £21,772.24 over the 12-
month period prior to your application, you fail to meet the requirements of RILRP.
1.1. (e) with reference to E-LTRP.3.1. of the Immigration Rules.
As you do not meet the above eligibility requirements your application for indefinite
leave to remain is refused under paragraph E-LTRP

===============================================================

Actually, I had second job with which I was able to meet the income requirement. However, this income was not taken into consideration as it was started less than 6 months prior to Visa Application.

Now my questions are:

1) If they have changed the type of application, then how much refund I can expect from HO.
2) What is the actual name of this Visa?
3) How many more years will my partner and child have to spend for actual settlement.
4) My child has already spent 7 years this Jan in this country, what is the process for getting her ILR first please.


Many Thanks for your advise and inputs.

Kind Regards,
biziguy

[vinny]

Double check Appendix FM-SE to see if they have miscalculated or should have included your second job or other earnings, etc?

[secret.simon]

I suggest that you follow @vinny's advice above as my answers below are likely to deeply disappoint you. Also see this PDF on the financial requirements for applications under Appendix FM.

1) If they have changed the type of application, then how much refund I can expect from HO.

They have not changed the form of application. They considered the ILR application (you pay the fees for consideration of the application, regardless of the outcome). It failed (there is no refund for failed applications). They are offering you an alternative instead of rejecting it outright. I suspect that you will not get any refund at all.

2) What is the actual name of this Visa?

FLR(FP)

3) How many more years will my partner and child have to spend for actual settlement.

After 10 continuous years of legal residence in the UK (including all visas).

4) My child has already spent 7 years this Jan in this country, what is the process for getting her ILR first please.

Seven years residence in the UK by a child does not lead to ILR, it also leads to FLR(FP). Assuming the child was born abroad, the child will only qualify for ILR when the second parent does.

[biziguy22]

Thank you secret.simon, for your prompt and helpful replies. Really appreciate.

Regarding the qs no. 3, please, do you mean to say my partner and child have to spend 10 years from today or the date of first Visa that was issued please (Oct 2013 --> they came to UK in Jan 2013 though, a little after 90 days).

Many Thanks

[secret.simon]

Regarding the qs no. 3, please, do you mean to say my partner and child have to spend 10 years from today or the date of first Visa that was issued please (Oct 2013 --> they came to UK in Jan 2013 though, a little after 90 days).

10 year Long Residence ILR requires 10 year actual residence in the UK. So you can apply upto 28 days before the 10th anniversary of arrival in the UK. The date of grant of the first visa is irrelevant.

[Dantean]

If the income requirement would now be met for the OP (if the second job has been kept), would a fresh ILR application be likely to succeed? Or does the granting of FLR(FP) preclude another ILR application before an additional 5 years?

It would be expensive to pay another ILR fee, but might be worth it to have ILR years earlier.

Of course as Vinny suggests, it would be best to confirm they didn't make a mistake on this application first.

[biziguy22]

Hi Vinny,
Thanks for your prompt reply. Actually, they haven't miscalculated. Problem arose as my IInd job was started 3 months before date of application.

Please see their response below. Extract from that long email.

===================================================================
Where the applicant’s partner (and/or the applicant if they are in the UK with
permission to work) is in salaried employment at the date of application and has
been with the same employer for at least 6 months prior to the date of application,
they can count their gross annual salary towards the financial requirement. In doing
so they must have been paid throughout the period of 6 months prior to the date of
application at a level of gross annual salary which equals or exceeds the level relied
upon in the application.
===================================================================

Regards,