Immigrationboards.com

Hi
I now have Uk citizenship and my wife who was on my Tier2 allied for indefinite leave after 5 yrs. they have refused it. Why the best route we should have taken?

Thank you for your application for Indefinite leave to remain dated 15 March 2023. Your application has been made under the partner route of Appendix FM within the Immigration rules.

In order to qualify for indefinite leave to remain under Appendix FM you are required to complete either at least 60 months or 120 months of leave under this route, As stated in section E-ILRP.1.3 of Appendix FM below:
E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:

(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).(1A) In respect of an application falling within subparagraph (1) above, the applicant must meet all the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c), (d) or (e) of that paragraph, and in applying paragraph ELTRP.3.1.(b)(ii) disregard the words “2.5 times”).
YOUR IMMIGRATION HISTORY
On 19 December 2017 you applied for Tier 2 Partner- LTE.T
his was granted on 05 January 2018 to 15 April 2020.

On 18 March 2020 you applied for PBS-LTR- Dependant joiner
This was granted on 31 March 2020 to 31 March 2023

On 15 March 2023 you applied for Indefinite Leave to remain as a spouse

Any previous leave granted under Tier 2 cannot be included in the qualifying period for ILR under Appendix FM, therefore, you have not completed the required period of 60 months under Appendix FM.

As such, were your application to proceed for indefinite leave to remain as a partner it is highly unlikely that the application for settlement would succeed and result in a grant of indefinite leave to remain (ILR).

Accordingly, we would like to give you the opportunity to review your application.

Please assist

You applied om the wrong form.

You should have applied on form SET O as a pbs dependent.

Set m is wrong as she doesn't hold the correct visa for this ILR route.

Hi
Thank you. So can I do this on set O or wed to engage a solisitor?

Thanks

Apply again in form Set O. You don't need a lawyer

Thank you

Correct. If eligible for ILR, then use SET(O). Else, extend, as previously.

Note: UK born child is entitled to register directly.

Hi
She came on my tier2 spousal visa. After 2 years she renewed and now expired in March. She has done 5 year. I now have citizenship. So what best route Gould she apply? Indefinite or extend? If extend on which route?

Thank

titi wrote: ↑

Thu May 11, 2023 1:06 pm

Hi
She came on my tier2 spousal visa. After 2 years she renewed and now expired in March. She has done 5 year. I now have citizenship. So what best route Gould she apply? Indefinite or extend? If extend on which route?

Thank

Apply again using form SET(O) as instructed above

titi wrote: ↑

Thu May 11, 2023 1:06 pm

Hi
She came on my tier2 spousal visa. After 2 years she renewed and now expired in March. She has done 5 year. I now have citizenship. So what best route Gould she apply? Indefinite or extend? If extend on which route?

Thank

Use SET O as the mods advised. Don't confuse yourself there is nothing like Tier 2 Spouse visa.

When the HO told you is to vary your application! If you wont do this you may lose your fee.

I'm not 100% sure but I think you should apply now using set(o) and put your previous application ref number in it but maybe other experts can explain better how to do it. I never varied application.

razergd1 wrote: ↑

Thu May 11, 2023 3:17 pm

When the HO told you is to vary your application! If you wont do this you may lose your fee.

I'm not 100% sure but I think you should apply now using set(o) and put your previous application ref number in it but maybe other experts can explain better how to do it. I never varied application.

When OP makes a new application (SET O), the previous application is automatically varied.

razergd1 wrote: ↑

Thu May 11, 2023 3:17 pm

When the HO told you is to vary your application! If you wont do this you may lose your fee.

I'm not 100% sure but I think you should apply now using set(o) and put your previous application ref number in it but maybe other experts can explain better how to do it. I never varied application.

The variation is automatic as you cannot have two appplications. Refunds will be given for the original application

Evening
I have been completing set O form for wife application. I now have citizenship and it’s asking my sponsorship details and vaf, gwf and asking which visa I am applying for or being granted. I now have citizenship.

You need to complete your last Tier 2 details.

Thanks