Applied for ILR but only given FLR - Admin Error

[blueoctopus]

Hi all,

I've been putting off dealing with this for a while as I feel totaly overwhelmed but it really is time and I need help.

I am a British Citizen and my wife has been on the 5 year route from a non EU country. In August 2022 we applied for ILR but made an error on the application page and appear to have ticked an incorrect box on the form which changed the application from ILR to FLR. I need to understand my options as we have had no respoonse from the department of immigration. This is what happened:

12th Aug 22 - called the hotline to ask for guidance on the application as we couldn't see where to enter the life in the UK test number. We were advised not to worry and enter it in the notes which we did

14 Sept 22 - FLR approved

15th Sept 22 - Called the advice line as we had applied for ILR, not FLR - was advised to write to case working team and if Bio ID arrived with FLR not ILR, to ask for a review.

15th Sept 22 - wrote letter to FLR TOC PBS as advised explaining the issue and sent it recorded delivery *No response

23rd Sept 22 - Bio ID arrived with FLR not ILR. We applied for a review online and paid the fee as directed

26th Sept 22 - Called advice line again and told to write to ILR address, not FLR address

26th Sept 22 - wrote letter to ILR address as advised explaining the issue and sent it recorded delivery *No response

11th Oct 22 - Recieved notice that the request for review was rejected and the fee had been refunded. Note stated the review was not about an eligable decision and to contact the case working team

So here we are at the start of April 2023. No response from the case working team at either the FLR or ILR addresses and no idea where to go next. We met all the financial and life in the UK test requirements and included all information on our original appication. I feel like a supervisor able to review the original application notes would see we were clearly applying for ILR but not sure how to access one, where to complain to or which legal firm (not an option I want to take) has decent contacts into the department to sort out what is an administrative error. Any suggestions greatfully recieved.

[CR001]

made an error on the application page and appear to have ticked an incorrect box on the form which changed the application from ILR to FLR.

1. Which online form did you complete? ILR and FLR forms are completely different and if you did not find the LIUK bit in the form, maybe you completed the wrong form (just a thought here).

What fee did you pay exactly?

[blueoctopus]

Hi CR001 - I applied online, when I selected the tick box at the start of the form I believe I made my mistake - it asks something like "are you applying for first additional leave to remain, 2nd leave to remain..." and a few other options. I don't recall the exact fee but I now know I went wrong as I paid the application fee and an NHS surcharge which I later learnt isn't payable for ILR. All in all it was in the region of £1500. When I spoke to the advice line they told me to write to the case workers, outline the issue as described above and offer top pay any difference in cost as apparently there was not a huge difference in fees. I did this twice and recieved no response.

[CR001]

it asks something like "are you applying for first additional leave to remain, 2nd leave to remain..." and a few other options

This is the process for a visa extension on form FLR M. These questions are are not in the ILR form, which is form SET(M).

The FLR M visa fee would have been £1033 and ihs fee £1560. This is more than what ILR costs.

It does appear you completed the wrong form. You applied and paid for an extension and that is what was granted. There is no error on ukvi side then.

[zimba]

Hi CR001 - I applied online, when I selected the tick box at the start of the form I believe I made my mistake - it asks something like "are you applying for first additional leave to remain, 2nd leave to remain..." and a few other options. I don't recall the exact fee but I now know I went wrong as I paid the application fee and an NHS surcharge which I later learnt isn't payable for ILR. All in all it was in the region of £1500. When I spoke to the advice line they told me to write to the case workers, outline the issue as described above and offer top pay any difference in cost as apparently there was not a huge difference in fees. I did this twice and recieved no response.

It is your responsibility to seek advice when you are unsure of what you are doing. ILR under the family route is only granted via form SET(M) as Char pointed out. This is not an admin error from UKVI but your own mistake. UKVI will grant an extension if you ask for it and you are eligible. ILR is not granted automatically as you must apply for it using the correct form.

Here is the only link you should use to apply for settlement under this route: https://visas-immigration.service.gov.uk/product/set-m

[blueoctopus]

Hi Zimba. I'm not suggesting anyone else made an error, I'm saying I sought advice, was given advice and I made the error following that advice. I'm also at a loss to get a response from anyone at the department.

[blueoctopus]

it asks something like "are you applying for first additional leave to remain, 2nd leave to remain..." and a few other options

This is the process for a visa extension on form FLR M. These questions are are not in the ILR form, which is form SET(M).

The FLR M visa fee would have been £1033 and ihs fee £1560. This is more than what ILR costs.

It does appear you completed the wrong form. You applied and paid for an extension and that is what was granted. There is no error on ukvi side then.

Definitely my error but following the advice of the helpline which I asked for before I submitted my application.

Thank you.

[CR001]

The helpline line is outsourced to a third party company, you aren't talking to ukvi staff or caseworkers and the helpline only gives limited information.

Regardless, you completed the wrong form. UKVI can only process and make a decision based on what you have applied for.

[vinny]

If eligible, then she may now make the correct application, including paying the appropriate fees.

If you can get evidence (e.g. a recording of your conversation) of their incorrect advice, then perhaps you may be able to get a refund of the previous fees under the Consumer Rights Act or their Ex-gratia guidance:

1.3.8 Giving incorrect advice

An example of giving incorrect advice would be the customer making an application too early or submitting an incorrect application based on incorrect advice, particularly if it incurs a charge.

[Ticktack]

it asks something like "are you applying for first additional leave to remain, 2nd leave to remain..." and a few other options

This is the process for a visa extension on form FLR M. These questions are are not in the ILR form, which is form SET(M).

The FLR M visa fee would have been £1033 and ihs fee £1560. This is more than what ILR costs.

It does appear you completed the wrong form. You applied and paid for an extension and that is what was granted. There is no error on ukvi side then.

Definitely my error but following the advice of the helpline which I asked for before I submitted my application.

Thank you.

If you can afford it, apply for ILR immediately instead of waiting. Horrible and costly mistake to make. You just have to soldier on!

[blueoctopus]

CR001 I had no idea it was outsourced. What a nightmare. Thank you for your input.

I may explore the bad advice option but I will try and apply again before the test expire.

Thanks all sincerely for the advice.

[CR001]

The LIUK test does not expire.