Urgent ILR Refusal

Dear Members & Seniors,
I applied for SET (M) ILR for my wife in December 2012 and only received the refusal letter this morning. The reasons for refusal stated by the Case Worker are as follows:
“In order to qualify for a grant of ILR you must in this capacity, you must satisfy all the requirements of paragraph 287 the guidelines for this are set out in the Immigration Rules.... You started your probation period on 1st August 2012, you therefore would not complete the probationary period untill 1st August 2014. You therefore fail to satisfy the requirements of paragraph 287 (i) (a)”.
My wife has been lived legally in the UK since June 2002, initially as a student dependant, Tier I dependant and recently spouse of a person present and settled in the UK. She has never overstayed or been refused any visa extension.
(1) Am I right in thinking that the rules as they relate to paragraph 287 (i) (a) were misapplied in this case?
(2) I have seen a number of cases here where ILR of spouses have been approved under similar cases. Please can you advice on whether rule 287 was properly applied in this case and the appropriate cause of action.

Donking1 wrote:Dear Members & Seniors,
I applied for SET (M) ILR for my wife in December 2012 and only received the refusal letter this morning. The reasons for refusal stated by the Case Worker are as follows:
“In order to qualify for a grant of ILR you must in this capacity, you must satisfy all the requirements of paragraph 287 the guidelines for this are set out in the Immigration Rules.... You started your probation period on 1st August 2012, you therefore would not complete the probationary period untill 1st August 2014. You therefore fail to satisfy the requirements of paragraph 287 (i) (a)”.
My wife has been lived legally in the UK since June 2002, initially as a student dependant, Tier I dependant and recently spouse of a person present and settled in the UK. She has never overstayed or been refused any visa extension.
(1) Am I right in thinking that the rules as they relate to paragraph 287 (i) (a) were misapplied in this case?
(2) I have seen a number of cases here where ILR of spouses have been approved under similar cases. Please can you advice on whether rule 287 was properly applied in this case and the appropriate cause of action.

you did a mistake mate. I have been here since 2005 but I have got my spouse visa in 2011 Im waiting 2 years period to be done. you HAVE to wait 2 years to apply for ILR. That is called probation period thats why you failed. Im sure your wife visa till 1 august 2014 as the caseworker said. you can apply 28 days before the visa runs out.

They made a mistake by not considering that she satisfied 287(a)(i)(d).

Moreover, 287(i)(a) does not exist!

Many Thanks for your guidance Vinny. I will be requesting a reconsideration of the decision straight away?

Hi Vinny,
Just want to say a big thank you for your assistance on this matter. I am delighted to announce that I received the approval letter and the biometric residents permits for my wife and daughter this morning.

I cannot thank you enough for your guidance as I could not afford a solicitor and could certainly not have done it without your assistance. May the good lord continue to bless and reward for the invaluable contribution you continue make towards improving the circumstances of others.

Many Thanks once again.

Congratulations Donking!

Donking1 wrote:Hi Vinny,
Just want to say a big thank you for your assistance on this matter. I am delighted to announce that I received the approval letter and the biometric residents permits for my wife and daughter this morning.

I cannot thank you enough for your guidance as I could not afford a solicitor and could certainly not have done it without your assistance. May the good lord continue to bless and reward for the invaluable contribution you continue make towards improving the circumstances of others.

Many Thanks once again.

Excellent News. Congratulations for not giving up.

Congratulations Donking!

Dear all,
Thought I should post my reconsideration request here just in case is of use to others on this forum. I understand no two cases are the same, but hopes it gives re-assurance to anyone unfortunate enough to be in my situation.


LIVSET 2 UK Boarder Agency Managed Migration Department 6 P. O. Box 306 Liverpool
L2 0QN

Cc: Team Manager LIVSET 2

Ref: A.......8 Case ID: 0.......8

3rd May, 2013
Dear R. Pownell,
Reconsideration Request – SET (M) Indefinite Leave to Remain Application Name:............ Nationality.......DOB:.................
This is to request a reconsideration of your decision to refuse my SET (M) application for Indefinite Leave to remain in the UK. I note that your reasons for refusing my application is incorrectly based on my failure to meet requirements of paragraph 287 (i) (a) of the immigration rules.

I wish to draw your attention to the fact that my application falls directly under paragraph 287. (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. I am extremely concerned that your decision was made without due consideration to paragraph (287(a) (i) and (d) of the immigration rules stated below:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom.

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.
You stated in your reasons for refusal that I am subject to a probation period which began on the 1st August 2012, and concluded therefore I will not complete the probationary period until 1st August 2014. You also noted in your refusal letter, I have been resident in the UK since June 2002, initially as a student dependant and subsequently dependant of PBS migrant and also stay as spouse of a settled person who has now naturalised as a British Citizen. I have been a dependant of PBS migrant between 11th January, 2007 to 31st January 2010 and 2nd March 2010 to 2nd March 2012 and have already satisfied this requirement.

Clearly, you misapplied the rules in my case as paragraph (287(a) (i) (d) and 287(a) (i) (e): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.

The UKBA has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).

Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).

It is therefore without question my application clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Let me categorically point out that there is absolutely no requirement for me to complete a probationary period as I have indeed already satisfied this requirement.

The Immigration Rules and relevant Casework Instructions logically sets out how SET (M) applications in this category should be progressed. It is extremely distressing that in spite of all the evidence before you, particularly the fact that I have been legally resident in the UK since June, 2002 and have indeed established a strong bond of connection with the UK you still chose to refuse my application based on ‘spurious rules’.
In light of the provisions outlined in relevant sections of the immigration Rules and Casework Instructions, your decision to refuse my ILR cannot be seen as lawful or conforming to the letters and the spirit of paragraph (287(a) (i) and (d) of the Immigration Rules and the relevant Casework Instructions.
I hereby request you in light of the foregoing to reconsider your decision forthwith.

Yours sincerely

..........................
.....................................

Wow! Well done Donking 1. That letter is loaded. I did same few years when my spouse's visa was rejected. Sometimes, I don't understand why some people unnecessarily pay thousands of pounds to solicitors when they can(or simply ask someone) ' DIY' it.

Congrats Donking, respect.

Congratulations Donking1 !

I usually don't comment on individual circumstances, but I have to say that, that letter was brilliantly written and superbly articulated. Well done and all the best !

Donking1 wrote:Dear all,
Thought I should post my reconsideration request here just in case is of use to others on this forum. I understand no two cases are the same, but hopes it gives re-assurance to anyone unfortunate enough to be in my situation.


LIVSET 2 UK Boarder Agency Managed Migration Department 6 P. O. Box 306 Liverpool
L2 0QN

Cc: Team Manager LIVSET 2

Ref: A.......8 Case ID: 0.......8

3rd May, 2013
Dear R. Pownell,
Reconsideration Request – SET (M) Indefinite Leave to Remain Application Name:............ Nationality.......DOB:.................
This is to request a reconsideration of your decision to refuse my SET (M) application for Indefinite Leave to remain in the UK. I note that your reasons for refusing my application is incorrectly based on my failure to meet requirements of paragraph 287 (i) (a) of the immigration rules.

I wish to draw your attention to the fact that my application falls directly under paragraph 287. (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. I am extremely concerned that your decision was made without due consideration to paragraph (287(a) (i) and (d) of the immigration rules stated below:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom.

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.
You stated in your reasons for refusal that I am subject to a probation period which began on the 1st August 2012, and concluded therefore I will not complete the probationary period until 1st August 2014. You also noted in your refusal letter, I have been resident in the UK since June 2002, initially as a student dependant and subsequently dependant of PBS migrant and also stay as spouse of a settled person who has now naturalised as a British Citizen. I have been a dependant of PBS migrant between 11th January, 2007 to 31st January 2010 and 2nd March 2010 to 2nd March 2012 and have already satisfied this requirement.

Clearly, you misapplied the rules in my case as paragraph (287(a) (i) (d) and 287(a) (i) (e): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.

The UKBA has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).

Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).

It is therefore without question my application clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Let me categorically point out that there is absolutely no requirement for me to complete a probationary period as I have indeed already satisfied this requirement.

The Immigration Rules and relevant Casework Instructions logically sets out how SET (M) applications in this category should be progressed. It is extremely distressing that in spite of all the evidence before you, particularly the fact that I have been legally resident in the UK since June, 2002 and have indeed established a strong bond of connection with the UK you still chose to refuse my application based on ‘spurious rules’.
In light of the provisions outlined in relevant sections of the immigration Rules and Casework Instructions, your decision to refuse my ILR cannot be seen as lawful or conforming to the letters and the spirit of paragraph (287(a) (i) and (d) of the Immigration Rules and the relevant Casework Instructions.
I hereby request you in light of the foregoing to reconsider your decision forthwith.

Yours sincerely

..........................
.....................................

Your letter of reconsideration is really professional.Even if you had consulted a legal representatives,he or she could not have written or presented your case more than the way you have done,(though based on the advice of one of the moderators -VINNY) .

Congratulations and my regards to your wife.

Donking1 wrote:Hi Vinny,
Just want to say a big thank you for your assistance on this matter. I am delighted to announce that I received the approval letter and the biometric residents permits for my wife and daughter this morning.

I cannot thank you enough for your guidance as I could not afford a solicitor and could certainly not have done it without your assistance. May the good lord continue to bless and reward for the invaluable contribution you continue make towards improving the circumstances of others.

Many Thanks once again.

\

congrats on your success. just a strange thing you wrote on Fri May 03, and on 16th may you receive spouse passports and brp card.
how come UKBA staff was so efficient ??
Really unbelievable

Hi Vinny & Other Respected Members
Can you please put some light in regards to a similar issue as Donking1 has had in the past. I will just brief you about the similarity of my case so that you all can advise me regarding my Wife's Set(M) Application & its outcome.
She was Granted IGS dependant in Jan 2008, Entered UK in March 2008
She extended it to Tier1(PSW) in Nov 2008 along with me granted a years extension Until Dec 2009.
She extended it to Tier 1(Gen) in July 2009 as my dependant and got an extension until July 2012.
I applied for my ILR under 10 yrs in March 2012, and got my ILR approved in Nov 2012 updated UKBA at the same time about my settled status.
Set(M) applied for my wife on 30/06/2012which is Pre 09 July 2012, UKBA asked for further co-habitation documents in Feb 2013 which were duly sent but they refused the application in March 2013.
We went for an Appeal which was dated in August 2013 was in the last minute re-scheduled for 3rd Jan 2014.
But UKBA withdrew the case and it was reviewed and she was granted on 23/01/2014 an Spouse Visa for 2.5Yrs until July 2016.
I will exactly write the words on the letter which came along with her BRP card and other documents.
Notice of Decision Immigration Act 1971 Variation of Leave received on 23/01/2014
'' You applied for ILR as a spouse of a person present and settled but your application has been refused. Whilst your application has been refused under paragraph 287(a)(i)(d) your application has been re-considered in light of your current circumstances and it is accepted that you now meet the requirements of Paragraph EX.1 of Appendix FM.
Please advise me if this refusal is correct or shall i go for a reconsideration request.

Many Thanks

Did she apply for FLR(M) prior to SET(M)?
FLR(M) should be granted before SET(M) can succeed, although one got lucky at a PEO.

Donking1 had succeeded because:

Donking1 wrote:My wife has been lived legally in the UK since June 2002, initially as a student dependant, Tier I dependant and recently spouse of a person present and settled in the UK.

Please continue in your previous thread.

Dear All

Home office has refused my wife's ILR under 287 (d) saying that she has not completed 2 years as spouse of a person who is present and settled here.

She came as tier 1 psw dependent in June 2009, Got Tier 1 general dependant in January 2010 which was extended in Oct 2012, got FLR M 2 years visa in July 2014.
I have received ILR on long residency basis in July 2014.

Can you please help by pointing out that where exactly it states somewhere in immigration rules that time spent as pbs dependant and time spent as spouse of a present and settled person can be combined to be eligible for ILR
Can you please help?
Any other suggestions please?
I need your help desperately

Donking1 wrote:Dear all,
Thought I should post my reconsideration request here just in case is of use to others on this forum. I understand no two cases are the same, but hopes it gives re-assurance to anyone unfortunate enough to be in my situation.


LIVSET 2 UK Boarder Agency Managed Migration Department 6 P. O. Box 306 Liverpool
L2 0QN

Cc: Team Manager LIVSET 2

Ref: A.......8 Case ID: 0.......8

3rd May, 2013
Dear R. Pownell,
Reconsideration Request – SET (M) Indefinite Leave to Remain Application Name:............ Nationality.......DOB:.................
This is to request a reconsideration of your decision to refuse my SET (M) application for Indefinite Leave to remain in the UK. I note that your reasons for refusing my application is incorrectly based on my failure to meet requirements of paragraph 287 (i) (a) of the immigration rules.

I wish to draw your attention to the fact that my application falls directly under paragraph 287. (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. I am extremely concerned that your decision was made without due consideration to paragraph (287(a) (i) and (d) of the immigration rules stated below:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom.

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.
You stated in your reasons for refusal that I am subject to a probation period which began on the 1st August 2012, and concluded therefore I will not complete the probationary period until 1st August 2014. You also noted in your refusal letter, I have been resident in the UK since June 2002, initially as a student dependant and subsequently dependant of PBS migrant and also stay as spouse of a settled person who has now naturalised as a British Citizen. I have been a dependant of PBS migrant between 11th January, 2007 to 31st January 2010 and 2nd March 2010 to 2nd March 2012 and have already satisfied this requirement.

Clearly, you misapplied the rules in my case as paragraph (287(a) (i) (d) and 287(a) (i) (e): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.

The UKBA has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).

Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).

It is therefore without question my application clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Let me categorically point out that there is absolutely no requirement for me to complete a probationary period as I have indeed already satisfied this requirement.

The Immigration Rules and relevant Casework Instructions logically sets out how SET (M) applications in this category should be progressed. It is extremely distressing that in spite of all the evidence before you, particularly the fact that I have been legally resident in the UK since June, 2002 and have indeed established a strong bond of connection with the UK you still chose to refuse my application based on ‘spurious rules’.
In light of the provisions outlined in relevant sections of the immigration Rules and Casework Instructions, your decision to refuse my ILR cannot be seen as lawful or conforming to the letters and the spirit of paragraph (287(a) (i) and (d) of the Immigration Rules and the relevant Casework Instructions.
I hereby request you in light of the foregoing to reconsider your decision forthwith.

Yours sincerely

..........................
.....................................

When did she apply for FLR(M)?

She applied for FLR M on 03 April 2014 and had included a covering letter to hold the application until husband ILR is granted, at that time my ILR long residency application was being considered.

vinny wrote:When did she apply for FLR(M)?

Vinny, all gurus please advise me further.

allwell46 wrote:She applied for FLR M on 03 April 2014 and had included a covering letter to hold the application until husband ILR is granted, at that time my ILR long residency application was being considered.

vinny wrote:When did she apply for FLR(M)?

allwell46, please continue in your other thread.