URGENT- Please Advice- ILR on SET M

[Adamulunamma]

Hi all,
Please I will really appreciate your advice on my application for indefinite leave to remain.

I applied for my ILR on the 27th of February 2022 under the family route(SET M) and received an email today saying that I am not yet eligible for one.

Here is the background story:

I came into the country under the 5yr partner route on 4/6/2016 and was given the first BRP of 30months. After that, I applied for a further leave to remain in January of 2019 and was moved to 10yrs route just because I didn’t include evidence of English language(I met every other criteria for further leave to remain). I contacted a solicitor who asked that we make a fresh application(now including my English language evidence) which the law firm handled and I was switched back to 5yr route. After I completed the last 30months bringing me to a total of 68months(because of the gap during the fresh application for further leave to remain) on the UK, I applied for my ILR but received a response that I am due because I haven’t continuously being on the 5yr route. They said the 5yr route was broken when I was moved to the 10yr route in Feb 2019
This leaves me with a lot of questions, does it mean that the initial 30months I spent from June 2016 till Jan 2019 does not count? I achieved the English requirement before applying for the further leave, I only omitted it in the application and is grave enough sin to move me to the 10yr route?

Please advice on how to proceed as I have been given 14days to amend my application.

[zimba]

Once you move to the 10 year route you need to start your 60 months from scratch. Your mistake was to accept the offer of 10 year visa. You should have varied that application including the correct documents. Make sure that you do not accept another visa automatically this time as that puts you back on the 10 year route.

[vinny]

I think they should also have given you an opportunity to correct your English language defect at that time.

[Adamulunamma]

Hi Zimba,

Thanks for the response. I wasn’t given the opportunity to vary or amend my application then in 2019. I only received their decision in the post after about 4weeks of submitting the application for further leave to remain.

Please how will you advice I proceed now?

[Adamulunamma]

I think they should also have given you an opportunity to correct your English language defect at that time.

Hi Vinny,

I wasnt given the opportunity or notified that I didn’t include my test of English language. Its worth mentioning that I already achieved the requested English language level even before making this application for further leave to remain.
Please is there any advice you can offer to help me get approval for my ILR? It really breaks my heart knowing that they are asking me to spend another 30mins in the UK (bringing me to 7.5yrs) before I can settle.

[zimba]

Hi Zimba,

Thanks for the response. I wasn’t given the opportunity to vary or amend my application then in 2019. I only received their decision in the post after about 4weeks of submitting the application for further leave to remain.

Please how will you advice I proceed now?

You do not need to be given an opportunity to vary an application. They very likely asked you to pay IHS fees for another leave to remain. That is when you should have applied for a new FLR(M) application to vary it

[vinny]

Be careful of them putting you back on the 10 year path again!