FLR m was granted under wrong route

Hello,

I applied fiancee visa before 09 jul 2012 but was granted as 30 month spouse visa on jan 2013 by same day service. Unfortunately I didn't realize it was the mistake until now when I have booked premium service for my ILR next week. I feel very panic now. I have wrote a letter to croydon to ask whether I can apply for ILR on time since my spouse visa was obviously wrong. I understand reconsideration needs to send out with 3 months after visa is granted.? I thought correcting a mistake caused by them were very easy for them but from the story on this website it seems very difficult. My one is straightforward, only because case worker neglected my application date. But still want to know whether I have any chance to apply for ILR directly since I am actually eligible to apply for it even if last visa was wrong?? Any suggestion please?? Is it possible to talk to their manager to point out their mistake during the premium service to get it corrected? the deadline to apply for ILR under 2 year route is early of Jan. there is no much time left, nobody contacted me from HO yet.

I think that you may apply for SET(M) in January, if you point out that they made a mistake.

Statement of changes to the Immigration Rules: HC194, June 2012 wrote:However, if an application for entry clearance, leave to remain or indefinite leave to remain has been made before 9 July 2012 and the application has not been decided, it will be decided in accordance with the rules in force on 8 July 2012.

If they had made a mistake, then it may be unreasonable to refuse under A280B.

I do hope so Vinny.

When i started reading your post, my mind was drawn to A280B, until i saw you mentioned it.

OP should have brought it to their attention from the outset.

In any event, they cannot pray in aid to A280B, when they failed to consider A277A (B) . It will be outrageous if they sought to do that.

They did not follow the rules, and OP should have held them to account then.

Thank you both. Do you think it is too late to apply for correction? Only half month left for ilr application under old rule. How much possibility will they correct it? It is worthy trying by posting before deadline even if they don,t have any reply??

No, I don't think that it's too late.

Hi Vinny,

Any other way to push them give the answer for yes or no? Will it cause negative result if you faxed them more often? Or send reminder of my compliant email ? Anyway I will update here to let more people know since not really same situation was posted here when the problem was found after 3 months of visa granted time.

There is no any reply from ukba croydon yet. The confirmation letter from case worker two years ago clearly showed I could apply for ILR after 2 years, but BPR card was granted 2.5 years by mistake. Should I go to same day service for ILR before 08 Jan 2015 as per the old policy or am I still eligible to apply ILR even after 08 Jan 2015 since the wrong BPR card is until 08 Jul? Will they have to issue the new bpr first? Or just allow you to apply for IlR directly? Really don,t want to lose this opportunity due to Ukba's mistake.Can anyone help?

You should be able to succeed.

Try and take swift action.

Thank you so much Obie.

The letter I received two years ago was a standard letter :

"Can I remain in the United Kingdom?
As a person who has entered a marriage to someone settled in this country you may now stay here for a further period of two years, provided you continue to meet the requirements of the immigration rules. The BPR shows your immigration status and entitlement while you remain in the United Kingdom"

"When and how can I apply for indefinite leave to remain?
In order to qualify for settlement you must have completed a period of 2 years in the United Kingdom as the spouse. ..........please understand any further application that you make in the marriage category will be accessed against paragraphs 284 or 287 or 295d or 295g of the immigration rules.............

The current requirement is to provide 6 letters or documents from 3 different sources. The dates of these should spread over the whole 2 year period. "

The only discrepancy I received is BPR card was issued as 2.5 years which I thought were the waiting time for ILR.

Is the above letter from case worker proved he might have a typo in their system? BPR error said it was not a printing error.

Thanks

Yes they were clearly wrong.

You should be able to apply for settlement after the 2 years probationary period. But there will be some fighting, especially given the fact that you were given leave consistent with Appendix FM.

Hi ,

I have been to croydon and got the ILR granted successfully. I wrote a cover letter with the detailed application history , copied the information from caseworker's letter received two years ago, also listed which rule it should be against for my previous FLR (M). I claimed in the cover letter my language, finance, relationship all met the requirement of old rule and I had taken all those supporting document when i applied for FLR 2 years ago with me if they need more information to review. Then i attached the proof for my fiancee application date which is before 09 jul 2012.

All the other ILR application document are basic as usual.

The staff in croydon are very friendly and efficient although I can't see any case worker face to face.

I have been ready to fight with them for the old rule and expected I probably would have to stay for all day there to wait for the result. Surprisingly it is processed very smoothly and ILR is granted within 2 hours without any enquiry from caseworker.

The interesting thing is I received the reply from UKVI complaints after my ILR. They just said I could apply for my ILR between 2 to 2.5 years, if apply for it before 2 years, that would be too early. They didn't mention whether my 2.5 years of BPR was a mistake or not, also maybe forgot the rule that ILR could be applied 28 days before 2 years.

But it is very important I got all the useful information from here to complete my cover letter, prepare all the document and make the decision to go to croydon finally ( although the customer service suggested to apply by posting instead of premium to protect my £1500). I appreciate it so much. Thank you Vinny and Obie.

Good news! Thanks for letting us know.

Congratulations!

vinny wrote:Good news! Thanks for letting us know.

Congratulations!

Thank you Vinny for your detailed reply for my case, it is a big relief.