Qualifying Years

immy07 · Post by **immy07** » Sat Sep 30, 2023 3:29 pm

Hello,

My wife applied for ILR in June 2023, she has lived in the UK continuously with unbroken record. she has never travelled out of the UK. I came into the UK and settled with ILR in2018. My wife arrived in the UK as a dependant of Tier 1 General visa 5 year route, she then submitted ILR application as a partner of settled person in June 2023. This is my wife visa history

Leave to Enter Tier 1 Partner from 2 Oct 2017 to 5 Apr 2019
Leave to Remain Tier 1 Partner from 18 Apr 2019 to 18 Apr 2022
Leave to Remain on the 5-year partner route under D-LTRP.1.1 from 23 Feb 2022 to 20 Sep 2024

The Home Office has contacted me that the application is incorrect, they have mentioned that the years my wife used as a partner of Tier 1 cannot be added to the years she has lived with me since I have been granted settlement in the UK therefore she has not met the qualifying period for the ILR. They offered her further extension if she would accept it.

The issues are my wife has been in the country since 2017 without any absence and so how did they calculate the qualifying period to arrive at the decision? Also the route I came into the country as Tier 1 General has closed and I have now had settlement does this mean the clock will now start from 2018 when I gained ILR? Also if I have used the wrong form to apply for ILR for my wife as some people have said what could have been the right ILR form I should have used?

Thank you

Your contribution will be appreciated

the
Applied for settlement on 2 Jul 2023

Post by **CR001** » Sat Sep 30, 2023 3:36 pm

The Home Office has contacted me that the application is incorrect, they have mentioned that the years my wife used as a partner of Tier 1 cannot be added to the years she has lived with me since I have been granted settlement in the UK therefore she has not met the qualifying period for the ILR. They offered her further extension if she would accept it.

This is correct, she needs 5 years on her CURRENT visa before she can apply for ILR. She CANNOT combine time spent as Tier 1 Dependent and her current spouse visa to make up 5 years for ILR. The rules do not permit this except under ILR based on 10 years long residence. That she has never left the UK is irrelevant. Also, she did NOT need to change visa categories when you got ILR. She could have continued extending her Tier 1 dependent visa until she qualified for ILR.

The issues are my wife has been in the country since 2017 without any absence and so how did they calculate the qualifying period to arrive at the decision? Also the route I came into the country as Tier 1 General has closed and I have now had settlement does this mean the clock will now start from 2018 when I gained ILR?

That she has never left the UK is irrelevant. Her 5 year clock for ILR reset to zero when she changed visa categories in 2022. She will only qualify for ILR in 2027, either through 5 years spouse visa under Appendix FM or under the 10 year long residence route.

Also if I have used the wrong form to apply for ILR for my wife as some people have said what could have been the right ILR form I should have used?

She doesn't qualify for ILR based on 5 years residence. You should have not have applied for anything as she still has a visa valid till September 2024, when an extension will need to be applied for.

Post by **AmazonianX** » Sat Sep 30, 2023 4:27 pm

immy07 wrote: ↑
Sat Sep 30, 2023 3:29 pm
Hello,

My wife applied for ILR in June 2023, she has lived in the UK continuously with unbroken record. she has never travelled out of the UK. I came into the UK and settled with ILR in2018. My wife arrived in the UK as a dependant of Tier 1 General visa 5 year route, she then submitted ILR application as a partner of settled person in June 2023. This is my wife visa history

Leave to Enter Tier 1 Partner from 2 Oct 2017 to 5 Apr 2019
Leave to Remain Tier 1 Partner from 18 Apr 2019 to 18 Apr 2022
Leave to Remain on the 5-year partner route under D-LTRP.1.1 from 23 Feb 2022 to 20 Sep 2024

The Home Office has contacted me that the application is incorrect, they have mentioned that the years my wife used as a partner of Tier 1 cannot be added to the years she has lived with me since I have been granted settlement in the UK therefore she has not met the qualifying period for the ILR. They offered her further extension if she would accept it.

The issues are my wife has been in the country since 2017 without any absence and so how did they calculate the qualifying period to arrive at the decision? Also the route I came into the country as Tier 1 General has closed and I have now had settlement does this mean the clock will now start from 2018 when I gained ILR? Also if I have used the wrong form to apply for ILR for my wife as some people have said what could have been the right ILR form I should have used?

Thank you

Your contribution will be appreciated

the
Applied for settlement on 2 Jul 2023

The problem arose when she switched to partner visa, her ILR clock reset to 0 because of this. Now she Needs to complete 5 years on spouse visa to be able to settle via SET(M).

immy07 · Post by **immy07** » Sun Oct 01, 2023 10:27 am

Hello,
Thank you. This is a mistake made by me in 2020 when I applied for her. I chose the wrong form, please is there anything I can do or explain this grave mistake to Home Office?

Post by **CR001** » Sun Oct 01, 2023 10:37 am

No, there is nothing you can do.

She simply doesnt qualify for ilr yet.

Post by **AmazonianX** » Mon Oct 02, 2023 2:40 am

immy07 wrote: ↑
Sun Oct 01, 2023 10:27 am
Hello,
Thank you. This is a mistake made by me in 2020 when I applied for her. I chose the wrong form, please is there anything I can do or explain this grave mistake to Home Office? No, too late

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