ILR refused for my wife!

kna872 · Post by **kna872** » Fri Nov 16, 2012 8:34 am

Hi,

I believe the most cost effective method would be to perhaps wait for the outcome of our application and see how it goes.

There is ample evidence that judicial review and reconsideration has worked in the past, so if you can not afford to wait then perhaps apply now.

http://www.whatdotheyknow.com/request/i ... graphs_287

http://www.whatdotheyknow.com/request/d ... ing-326694

Judicial review can take up to three months though, so you have to be mindful of that.

I intend to keep you guys updated on any development.

Ali

Greenie · Post by **Greenie** » Fri Nov 16, 2012 11:21 am

carbon wrote:I am in similar situation and need help. I received ilr early June 12 as tier1+ Hsmp. Applied for wife after one week and today received a refusal letter similar to mentioned in above posts. Difference is my wife was not on flr m before we applied her ilr as we were advised that as long as we apply within 28 days of my ilr she does need to change to flr m. We applied through checking service too to ensure we meet all requirements.Now I am confused as to which of options below i should chose:

1. Apply flr m and then wait 2 years before ilr
2. Request for review as we are married for 7 years and she been with me in uk as dependent for last 4 years
3. Apply for ilr again under new rules without applying flr m

Did you apply for your ilr as an economic migrant as opposed to under the 10 year rule?
What form did you use to apply for your wife's ilr?

carbon · Post by **carbon** » Fri Nov 16, 2012 1:08 pm

I applied for my ilr after five years under Hsmp+ tier 1. For my wife,s ilr app we used set(m) form.

geriatrix · Post by **geriatrix** » Fri Nov 16, 2012 1:50 pm

carbon wrote:I applied for my ilr after five years under Hsmp+ tier 1. For my wife,s ilr app we used set(m) form.

One cannot apply for settlement using SET(M) form unless one is on FLR(M) leave. The form your spouse should have used to apply for setlement as a PBS dependant is SET(O).
So the refusal is accurate - for not using the appropriate form.

What is/was the expiry date of the PBS dependant leave?
When did you receive the refusal?

carbon · Post by **carbon** » Fri Nov 16, 2012 2:23 pm

It is valid upto 2014, received refusal on Wednesday. Should we apply again using set(o) or we need to apply flr m and then set(m )?

carbon · Post by **carbon** » Fri Nov 16, 2012 2:27 pm

There is nowhere in set(m) guidance that spouse of person settled through tier 1 can not apply using it. We used checking service too ensure set(m) was right form.

geriatrix · Post by **geriatrix** » Fri Nov 16, 2012 2:37 pm

From SET(M) guidance:

If you have not yet been given leave to enter or remain as the partner of a person present and settled in the UK, you must use form FLR(M).

Apply using SET(O). There is no need to switch to FLR(M).

carbon · Post by **carbon** » Fri Nov 16, 2012 3:05 pm

Thank you so much for your reply. Regarding set m quote, my wife was given leave as my spouse before I became settled though.

Using set o, which category we need to select in section three? And do we need to do point assessment again ?

geriatrix · Post by **geriatrix** » Fri Nov 16, 2012 3:08 pm

1. Read the statement in quote again .. carefully.
2. She is not a PBS migrant, so why will she be doing points assessment? She will be applying under "Other purposes / reasons not covered by other application forms".

If in doubt about which form to use, enquire by emailing SettlementOpsPolicy@homeoffice.gsi.gov.uk

badguy82 · Post by **badguy82** » Sat Nov 17, 2012 11:59 am

All

I am in exactly the same situation and was about to submit my application today till i read this thread.

I actually have it in writing from UKBA the individuals such as krn's wife and my wife are in.

Happy to share the contents of the letter from UKBA.

Wanted everyones advice as to should I apply and should i refer to this letter from UKBa confirming my wife can apply.

Badguy

vinny · Post by **vinny** » Mon Nov 19, 2012 12:02 am

Yes. Refer to the letter. Enclose a copy of it.

kna872 · Post by **kna872** » Mon Nov 19, 2012 12:15 am

Hello Badguy,

Ditto Vinny's message above. It would be nice if you share the contents of the letter removing the personal details for the benefit of the rest.

Ali

badguy82 · Post by **badguy82** » Mon Nov 19, 2012 10:30 pm

Dear XXXX

Start of Relevant Text

Mrs A was granted entry clearance conferring leave to enter the UK between 8 April 2010 and 2 May 2010, on the basis that her husband had been granted further leave to remain (FLR) in the UK under Tier 1 of the Points Based System (PBS) for immigration. Mrs A was later granted FLR as the spouse of a person present and settled in the UK between 22 December 2011 and 20 December 2013 after Mr A had been granted ILR.

Whilst those granted leave as a spouse prior to 9th July 2012 are normally required to complete a two year probationary period before able to qualify for ILR, para 287 (d) of the Immigration Rules allows leave granted as the spouse or civil partner of a relevant PBS migrant to be taken into account for the purposes of the two year qualifying period. As Mrs A has already completed two years in a combination of these categories since she was admitted on 1st May 2010, she would normally be granted as having already completed the two year qualifying period for ILR as a spouse. It is therefore open to Mrs A to apply, although she will also need to show that she meets all of the other requirements of the Immigration Rules for ILR as the spouse in her application.

End of Relevant Text

kna872 · Post by **kna872** » Tue Nov 20, 2012 8:24 am

Thank you for posting this letter. If only I had inquired for a similar letter like yours and attached it with my wife's application, I think the situation would have been much different. It is about educating certain case handlers.

So we pay for a service, and we then make sure that we also educate the organisation what needs to be done during those 25 minutes for which they would go through our application form. Most ridiculous indeed!! I am not sure of any other business that would be so inefficient and charge you so much for their services. This is market failure at its best where government intervention is not really sought no matter what the politicians would say. So many inefficiencies result in people like you and I falling prey to lawyers, whose services at first place would not be required if the organisation (UKBA) had done their job properly.

Oh yes and on top of this, those actual 25 minutes of case consideration is then stretched to months and sometimes years. Can't blame anyone, we chose to live in this 'developed nation'.

Ahh I am done with my rant.

kna872 · Post by **kna872** » Wed Nov 21, 2012 7:05 pm

I have just received the following letter. Which I think is potentially a good news perhaps.

Dear XYZ

Re: XYZ DOB

Further to my letter of nd of November 2012, in order to process the reconsideration of your application of XX of June 2012, I would be grateful if you could provide your current residence permit (RRXXXXXXXXX) using the enclosed envelope as soon as possible.

Yours sincerely.

the guys who likes making other human being's life miserable
LIVSET3
Immigration and Nationality Directorate

I was just wondering what do you think your thoughts were. When do you guys think the ILR would be issued from, June or Now?

carbon · Post by **carbon** » Fri Nov 23, 2012 10:31 pm

I will re apply using set o for my wife and do not have to do point assessment. One thing I am not sure about is maintenance requirements. Do I need to supply three mOnths bank statement and if yes then how much money need to show for wife and two kids? I lost my job after ilr and was without work fOr a month. Now I am back on wOrk for last three months. If I supply three months salary slips and last five p60 instead Of bank statement, will it suffice ?

kna872 · Post by **kna872** » Sun Nov 25, 2012 8:56 pm

kna872 wrote:I have just received the following letter. Which I think is potentially a good news perhaps.

Dear XYZ

Re: XYZ DOB

Further to my letter of nd of November 2012, in order to process the reconsideration of your application of XX of June 2012, I would be grateful if you could provide your current residence permit (RRXXXXXXXXX) using the enclosed envelope as soon as possible.

Yours sincerely.

XYZ
LIVSET3
Immigration and Nationality Directorate

I was just wondering what do you think your thoughts were. When do you guys think the ILR would be issued from, June or Now?

kna872 · Post by **kna872** » Sun Nov 25, 2012 9:11 pm

Further to my previous post, the very next day my wife received the Biometric Card with ILR on it. The card itself expires in 10 years but I think perhaps the settlement doesn't, I would imagine that my wife would have to renew her Biometric card after ten years.

More interestingly, the card expires in June 2022 not November 2022. Which would lead me to think that the actual valid from date for my wife for her settlement would be perhaps June 2012 that is when the case worker first received the application and initially he refused. Would this mean that my wife could then apply for citizenship in June (or 30 days before that)?

We are so happy with this outcome, and I do not have the words to describe how grateful I am to the moderators, Sushmehta, Vinny, and all who advised me. I would not have been able to do this without you. All of my research was guided by you for which I am ever so grateful.

I hope this outcome would also be beneficial for 'carbon' as well. As far as the P60 is concerned, I have once used P60 instead of all the payslips, but my P60 covered the required duration. I then explained it through the cover letter why my pay slips were missing. My wife applied on SET(m) not set (0) but then again your case is different. I shall go with the moderator's advice and back it up through my own research.

Good Luck and thanks again everyone!!!

Ali

geriatrix · Post by **geriatrix** » Mon Nov 26, 2012 1:07 am

Glad to know that it all worked out.

If BRP doesn't mention a issue date then write back to UKBA and ask them to issue a letter confirming grant of settlement and the date from which settlement has been granted. You must know (for sure) the date settlement was granted.

altfhn · Post by **altfhn** » Mon Nov 26, 2012 1:09 am

Great news ali.

can u upload the letter which they have sent with ilr.

thx

kna872 · Post by **kna872** » Mon Nov 26, 2012 6:01 pm

Hiya,

Thank you guys and I am so relieved. Once again, I could not have done it without your help. My prayers go out to you.

Sushmehta: It does have an issue date which says 21st of November (my interpretation is that issue date is for the card itself).

But the valid until date is June 2022. There is no valid from date on the card. Only issue date.

So that leads me to deduce that the ILR start date would be from June i.e. when the case worker initially got the application and he rejected in mistake. Also the fact that BRP are valid for 10 years for an adult further confirms that issue. What is the best email to contact them where I could ask them to confirm the valid from date of settlement as we would be needing that to apply for my wife's citizenship.

@altfhn

It was just a standard letter. The case worker did not personalise the letter, I think he was too egoistic to do that may be. But to be fairer to him he did correct his mistake within a span of a month. The standard letter is too big to copy on this thread, but if you show me how to attach a file on this forum, I am more than happy to do that. Lack of personalised letter has caused this all confusion about the starting date of my wife's settlement visa.

geriatrix · Post by **geriatrix** » Mon Nov 26, 2012 8:29 pm

Unless UKBA confirms in writing that your wife was granted settled status on a date other than what is specified as the issue date of BRP, your wife was granted settlement on the date of issue of BRP.

So, ask them for a written confirmation specifying the date settlement was granted ... as suggested earlier.

kna872 · Post by **kna872** » Mon Nov 26, 2012 9:08 pm

Hi Sushmehta,

Thank you again.

Do you think an email confirmation would be equally valid?

If that is the case, would you kindly know any email address where we could forward that query?

Regards,
Ali

kna872 · Post by **kna872** » Wed Dec 12, 2012 8:13 am

Just a quick one, I have written to UKBA for over a week about the confirmation of the valid from day and the earliest my wife could apply for citizenship, and am awaiting response. As soon as I hear back from them, I shall update the forum.

upsetguy · Post by **upsetguy** » Wed Dec 12, 2012 12:25 pm

Hi,

My wife applied for ILR 6 months ago and was refused based on the fact that the Home office said they received a letter from me saying that our relationship had broken down, I sent back a reply to the letter saying I did not send this letter and never received a response from the home office. I stated this with evidence that I had sent the letter to them stating that I never sent the letter of breakdown of our relationship when applying for ILR through my solicitor but they refused to belive this and rufused the ILR! the letter stats that we cannot appeal ?

please help!

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