PBS Dependant -> FLR(M) -> ILR Application Refused (Urgent)

First, this is my first post however I have been using this site for almost 10 years through my immigration journey and always found it super helpful.

I am in a quandary for which I need some urgent advice from users.

My situation is as follows:
- Tier 1 (PSW) Oct 2009 (two-year validity)
- Tier 2 (General) Jul 2011 (CoS and application made in early April, BRP issued in Jul 2011 with period of validity 3 months short of the 3 years i.e. expired March 2014)
- Spouse joined on Tier 2 Dependent Spouse in Sep. 2013
- Tier 2 extension (main applicant and spouse) March 2014 - granted for 2 full years (unlike first application)
- Tier 2 dependent application March 2015 for child
- Tier 2 extension (3 individuals) applied and granted for one year due to change of jobs in Mar 2016, and being short by 3 months for ILR by main applicant
(now, things got complex)
- ILR application by main applicant in Feb 2017 granted
- FLR(M) application by Spouse in Mar 2017 granted up to Sep 2019 (From reading some of the posts on here over the past few days I now understand that it would have been possible to extend as a PBS Dependent however when we used the online Home Office tool it stated to make an FLR(M) application, and, at the time, it seemed counter-intuitive to apply for a PBS Dependant visa when main applicant was now settled
- AN(1) application for child in Mar 2017 granted, child is now a citizen,
- ILR application for spouse rejected on the basis of not having 5 years FLR(M) however spouse has held spousal status 6 years now (3.5 on PBS Dependent spouse and getting to 2.5 as FLR(M))! Spouse has been informed to pay additional £1,000 for IHS to be granted extension to FLR(M) despite already having paid the ILR fees and the FLR(M) fees are significantly lower.

My question is, given the circumstances above, especially as when making the FLR(M) application it was not clear that PBS dependent extension was available despite main applicant getting ILR, are there any grounds for an appeal to the decision as the spirit of the law is that applicants demonstrate long term committment to each other. In this case we have been together in excess of the minimum period, we travel regularly to other countries and this decision will not only delay journey to citizenship but will continue to cost is visa fees (both UK and elsewhere) and who knows what the rules will look like in the next few years.

We have until this Friday (19th July) to submit the additional £1,000 which is money we can't afford (I got on long-term sickness for a unique illness that is taking forever to get treated and SSP is a b*!%h so saying that money is extremely tight at the moment is an understatement).

She needs 60 months on FLR m or 60 months on PBS dependent. You cannot combine time spent as PBS dependent with flr m to make up 5 years. The refusal of ilr is correct.

You don't have to accept the offer from ho as she still has a valid visa till September. You can apply for an FLR m extension shortly before her visa expires.

Thank you very much for your reply.

This seems completely counterintuitive and against the spirit of the law. It appears to be an application of a technicality rather than consideration of whether the applicant has a genuine, substantive and committed relationship with the spouse. It is like saying we are just going to ignore your time as a spouse earlier on and just start now.

Has there ever been a request for a judicial review on this matter as I think this is not only a technicality but in contravention of normal justice!

CR001 wrote: ↑

Sun Jul 14, 2019 9:31 am

She needs 60 months on FLR m or 60 months on PBS dependent. You cannot combine time spent as PBS dependent with flr m to make up 5 years. The refusal of ilr is correct.

You don't have to accept the offer from ho as she still has a valid visa till September. You can apply for an FLR m extension shortly before her visa expires.

Also, not accepting the offer means paying over £2,000 in September anyway (FLR(M) fees and IHS) so we lose out either way! I have spent so much money on this immigration journey and even delayed my own transition to naturalisation and to be hit by such an issue just does not seem just nor fair!

Accepting FLR m offer now will still leave a shortfall for ilr and require a third FLR m extension to cover a few months.

It might not be fair but the immigration rules are clear on this point of 60 months for m and you are not the only member in recent months to have made this error.