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ILR refused under E-ILRP, despite completing 60 mths

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


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mrilaks
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ILR refused under E-ILRP, despite completing 60 mths

Post by mrilaks » Wed May 15, 2019 4:07 pm

Hello Immigration Advisers and Volunteers

I found this forum on Google and read some good threads around the same topic, but some of them were not clear to me in my case, so I registered to ask for help.

I received a letter today from HomeOffice about my application refusal under the grounds of not meeting E-ILRP, i.e. 60 Months.

I entered in the UK on 04 April 2014 on an application made on the 4th March 2014, under T1 General Partner, Valid from 18 March 2014 to 08 February 2015.

Following an application made on the 28 January 2015, I was granted leave to remain, valid from 28 January 2015 to 28 July 2017. Later I made an application on 13 July 2017 to 28 January 2020.

Finally, I applied for SET(M) on 08 April 2019, biometrics on the 26 April.

Based on my understandings on how ILR works, is that I have to reside in the UK for 5 years or 60 months. By looking at the dates above from the date I entered the UK until the date of my ILR application, I have completed 5 years or 60 months. But I got rejected stating that I have only completed 51 months.

The caseworker said I have to pay £1000 for NHS surcharge and my Visa will be extended for 30 months else it will be rejected, and the visa fees won't be refunded.


The letter states: “As you have only previously completed 51 months of leave to remain as a spouse/partner under D-LTRP.1.1 you fail to meet the requirements of E-ILRP.1.3 of Appendix FM. In order to qualify for settlement you mish have completed a continuous period of at least 60 months in the route that you were last granted under.

I almost fainted today when I received the refusal letter, and both my husband and I do not know what to do next. Do we £1000 or challenge Home office that I was in the country for five years since day one (took few holidays within limits)? The other confusion is why is HomeOffice offering me 30months when I just need only 11months visa which the 12 months HIS is £400 per year why I need to pay £1000 for the visa I don’t need?!

My background. I married my husband, who was on a T1 General Visa when I came to the UK. He later did his ILR and received his British citizenship in 2016. I have two kids one in 2016 and the other in 2018, all of my family are British Citizen with me being an odd one out and out of pocket.

I am not sure what to do; we both are shocked and worried about taking a loan for this. We don’t know if we applied early or was it a mistake my HomeOffice, If we applied early we know friends/family who received their ILR when they both were on a T1 General Visa the whole time and after 5 years they got ILR and citizenship.

I feel very vulnerable with the whole episode; Please let me know what we did wrong.

Many Thanks

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CR001
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Re: ILR refused under E-ILRP, despite completing 60 mths

Post by CR001 » Wed May 15, 2019 4:10 pm

I entered in the UK on 04 April 2014 on an application made on the 4th March 2014, under T1 General Partner, Valid from 18 March 2014 to 08 February 2015.

Following an application made on the 28 January 2015, I was granted leave to remain, valid from 28 January 2015 to 28 July 2017. Later I made an application on 13 July 2017 to 28 January 2020.
What route to ILR did your spouse get, Tier 1 or 10 years long residence?? Your leave to remain in 2015, was that on form FLR(M) spouse visa or PBS Dependent visa (doubt it though)?
Finally, I applied for SET(M) on 08 April 2019, biometrics on the 26 April.
For Set M, you must have 60 months residence as the spouse of a person settled, ie. FLR(M) spouse visa. Time spent as Tier 1 dependent does NOT count.
Char (CR001 not Casa)
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mrilaks
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Re: ILR refused under E-ILRP, despite completing 60 mths

Post by mrilaks » Wed May 15, 2019 4:15 pm

Thanks CR001 for the quick response. Please see below comments
CR001 wrote:
Wed May 15, 2019 4:10 pm
I entered in the UK on 04 April 2014 on an application made on the 4th March 2014, under T1 General Partner, Valid from 18 March 2014 to 08 February 2015.

Following an application made on the 28 January 2015, I was granted leave to remain, valid from 28 January 2015 to 28 July 2017. Later I made an application on 13 July 2017 to 28 January 2020.
What route to ILR did your spouse get, Tier 1 or 10 years long residence?? - Tier 1 General.

Your leave to remain in 2015, was that on form FLR(M) spouse visa or PBS Dependent visa (doubt it though)? It was FLR (M).
Finally, I applied for SET(M) on 08 April 2019, biometrics on the 26 April.
For Set M, you must have 60 months residence as the spouse of a person settled, ie. FLR(M) spouse visa. Time spent as Tier 1 dependent does NOT count.

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Re: ILR refused under E-ILRP, despite completing 60 mths

Post by CR001 » Wed May 15, 2019 4:36 pm

You only qualify for ILR on Set M in January 2020.

There was no reason to switch visa categories in 2015 to flr m. You could have continued as a tier 1 dependent until you had 5 years residence and applied for ILR on Set O. The rules allow this.

The refusal is not an HO mistake. You allied when you did not qualify.

Do not take HOs offer of paying Ihs etc for a 2.5 year visa. You still have a valid visa and can simy continue and wait to reapply when you qualify next year.

Unfortunately you lose your ilr fee paid.
Char (CR001 not Casa)
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mrilaks
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Re: ILR refused under E-ILRP, despite completing 60 mths

Post by mrilaks » Wed May 15, 2019 4:52 pm

Thanks for your time and advice CR001. Our immigration consultant told us about the FLR M applicaton process and said thats the application type to extend on 2015. We do not work with them anymore.

Its a costly mistake and should have consulted a professional. I will personally advise all.



CR001 wrote:
Wed May 15, 2019 4:36 pm
You only qualify for ILR on Set M in January 2020.

There was no reason to switch visa categories in 2015 to flr m. You could have continued as a tier 1 dependent until you had 5 years residence and applied for ILR on Set O. The rules allow this.

The refusal is not an HO mistake. You allied when you did not qualify.

Do not take HOs offer of paying Ihs etc for a 2.5 year visa. You still have a valid visa and can simy continue and wait to reapply when you qualify next year.

Unfortunately you lose your ilr fee paid.

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Re: ILR refused under E-ILRP, despite completing 60 mths

Post by CR001 » Wed May 15, 2019 5:50 pm

Really very unfortunate that you were so ill advised in 2015, when the rules are so clear about tier 1 General dependents.

Also sorry that you have lost so much money now and have to pay it all again in January when you apply for ILR again.
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Re: ILR refused under E-ILRP, despite completing 60 mths

Post by mrilaks » Thu May 16, 2019 8:52 am

Thanks for your help CR001.

Great forum and you guys are going great in helping people.

CR001 wrote:
Wed May 15, 2019 5:50 pm
Really very unfortunate that you were so ill advised in 2015, when the rules are so clear about tier 1 General dependents.

Also sorry that you have lost so much money now and have to pay it all again in January when you apply for ILR again.

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