ILR declined

[joesefgrouf]

Hi and thanks for all the answers.

-I been living in the UK for 5 years with my wife and 3 children on a spouse visa.
-my eldest has a disability and my wife receives Carers Allowance for him.
- I was employed until April 2019 and I have P60 of over £18600.
- on April my contract ended for the job out of my control and I start my business in catering.
-my application was due on end of July 2019 so I submit it but I got a 33 months extension the reason is I didn’t meet the financial requirements!

My questions is:
-can I re-apply for ILR once I meet the requirements from self employment?
-shouldn’t my application be exempt from the income requirements as my wife received Carers Allowance?
-is asking for a JR an option ?

Thanks a lot

[CR001]

You did have received a 30 month visa likely.

Did ho not write to you to state this before issuing a visa as you have had to pay the IHS?

What documents did you submit?

Did you state you were applying based on being exempt from the financial requirement and submit evidence?

Under what immigration paragraph did ho grant you another 2.5 year visa, your letter will state what it is?

[joesefgrouf]

Thank you

Yes I did receive a 30 months visa.

I did submit proofs of the Carers Allowance and the diagnosis of my son with a personal statement explaining the condition but I didn’t state that the application should be exempt from the financial requirements, I assumed the documents being sent with application was sufficient!

My legal advisor did write back but advice me to pay the £1000 ihs to be safe and not be illegal in the country.

The 2.5 year was granted under R-lTRP 1.1 (a), (b) and (d) of appendix FM

[CR001]

If you did not indicate in the application form that you were claiming exemption, then it is your (or your lawyers) error.

If the form was completed as meeting the financial requirement and these documents were submitted to support that, then HO made the correct decision.

[joesefgrouf]

It is my error I agree, I wasn’t aware I should indicate it....
Is there any options left or do I have to wait another five years again?
My son condition is a life shortening one DMD this visa will restrict my travel with him for medical trials and even will restrict me from focusing on him because i will have to be busy another five years trying to meet the HO requirements!

Thank you