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Visa granted for 10 year partner route

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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aalizs
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Visa granted for 10 year partner route

Post by aalizs » Wed Mar 13, 2019 10:03 pm

Hi everyone

My wife was issued 33 months Spouse / Partner leave to enter in April-16. She came to UK just after visa was granted. She returned to home country after a month in UK due to her studies for some degree issue. She returned to UK after a year. I am a British Citizen and our son is also a British Citizen who was born last year. We are living together, and my salary is around £50k per year (all required documents were submitted). My wife passed A2 English language test and certificate was submitted.

Now we applied for her first extension under partner route. We have received the approval letter and BRP. However, the approval letter states that application has been granted under 10 year partner route on the basis of your family and private life in the UK. The BRP card shows tyre of permit as "Leave to Remain" and does not show "Spouse / Partner" as it was on our first BRP.

Could you please help us on below:

Why has the visa been granted on 10 year partner route rather than 5 year partner route?
Why does the approval letter state that visa has been issued on the basis of family and private life as we did not apply on private life basis?

Any useful comments would be very helpful.

dreamer2
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Re: Visa granted for 10 year partner route

Post by dreamer2 » Wed Mar 13, 2019 11:23 pm

I'm in the same situation , just received email yet saying that I was granted to 10 years instead of 5. My silly mistake brakes not only my life but my dependent son who is nearly 20 and by the time of 10 years route will be 27. As I'm still awaiting the letter I wonder if they explained to you and why it was changed and if you got the right for appeal or reconsideration?

aalizs
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Re: Visa granted for 10 year partner route

Post by aalizs » Wed Mar 13, 2019 11:36 pm

What silly mistake did u make? Our approval email did not mention about 5 year or 10 year route. It was simple approval visa email and we only found out about 10 year partner route once we received approval letter and BRP in post.

The letter does not mention anything about 5 year partner route at all. It just states that you have been granted a period of 30 months limited leave to remain on the 10 year partner route under paragraphs D-LTRP1.2 of Appendix FM to the immigration rules and under R-LTRP1.1.(a), (b) and (d) of these rules.

Could anyone please clarify the above situation. Any forum Moderator or Member can comment plz.

aalizs
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Re: Visa granted for 10 year partner route

Post by aalizs » Wed Mar 13, 2019 11:39 pm

dreamer2 wrote:
Wed Mar 13, 2019 11:23 pm
I'm in the same situation , just received email yet saying that I was granted to 10 years instead of 5. My silly mistake brakes not only my life but my dependent son who is nearly 20 and by the time of 10 years route will be 27. As I'm still awaiting the letter I wonder if they explained to you and why it was changed and if you got the right for appeal or reconsideration?
No right of appeal or reconsideration has been given to us. I think 10 year period starts from now and would not count previous period. Can anyone plz correct me if I am wrong.

dreamer2
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Re: Visa granted for 10 year partner route

Post by dreamer2 » Wed Mar 13, 2019 11:59 pm

I have another topic here "appeal" where I described my situation. But I already received email that we granted to 10 years instead of 5. My husband phoned to HO and they gave him email address where he requested to explain why my visa was switched. Hopefully in your case just a mistake. But I guess it is very small chance. In my case my previous 2,5 years in UK will be include in 10 years residency. Please keep here update what they will say.

aalizs
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Re: Visa granted for 10 year partner route

Post by aalizs » Thu Mar 14, 2019 12:13 am

dreamer2 wrote:
Wed Mar 13, 2019 11:59 pm
I have another topic here "appeal" where I described my situation. But I already received email that we granted to 10 years instead of 5. My husband phoned to HO and they gave him email address where he requested to explain why my visa was switched. Hopefully in your case just a mistake. But I guess it is very small chance. In my case my previous 2,5 years in UK will be include in 10 years residency. Please keep here update what they will say.
Can u plz paste the link to your other topic here.

aalizs
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Re: Visa granted for 10 year partner route

Post by aalizs » Thu Mar 14, 2019 9:34 am

Can any forum moderator please comment on my post and would be much appreciated.

Thanks

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CR001
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Re: Visa granted for 10 year partner route

Post by CR001 » Thu Mar 14, 2019 9:37 am

Was the English test from an HO approved test provider list?

What evidence of meeting the financial requirement did you submit? Was it employer salaried or self employment?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

wahi66
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Re: Visa granted for 10 year partner route

Post by wahi66 » Thu Mar 14, 2019 9:39 am


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CR001
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Re: Visa granted for 10 year partner route

Post by CR001 » Thu Mar 14, 2019 9:42 am

dreamer2 wrote:
Wed Mar 13, 2019 11:59 pm
I have another topic here "appeal" where I described my situation. But I already received email that we granted to 10 years instead of 5. My husband phoned to HO and they gave him email address where he requested to explain why my visa was switched. Hopefully in your case just a mistake. But I guess it is very small chance. In my case my previous 2,5 years in UK will be include in 10 years residency. Please keep here update what they will say.
Your case is different. You applied to early and did not meet the financial requirement on the date of application. Please continue in your own topic.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

aalizs
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Re: Visa granted for 10 year partner route

Post by aalizs » Thu Mar 14, 2019 9:50 am

CR001 wrote:
Thu Mar 14, 2019 9:37 am
Was the English test from an HO approved test provider list?

What evidence of meeting the financial requirement did you submit? Was it employer salaried or self employment?
Thank you for your comments.

Yes A2 English test was taken with Trinity College. The issued certificate was sent with our application.

For financial requirement - I am a salaried person. I have been with the same company for 2 years and being paid the same salary from Jan-18. I submitted the following documents:
Last 6 months salary slips
Last 6 months bank statements which confirm the net salary being paid in my account
Salary confirmation letter from employer as per HO requirement
Employment contract

vinny
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Re: Visa granted for 10 year partner route

Post by vinny » Thu Mar 14, 2019 9:52 am

Ask them to explain further.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

aalizs
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Re: Visa granted for 10 year partner route

Post by aalizs » Thu Mar 14, 2019 10:08 am

vinny wrote:
Thu Mar 14, 2019 9:52 am
Ask them to explain further.
What is the process for aksing them to explain? We don't seem to find any contact number of Sheffield office.

We have called HO on the customer service number but they have told us that they don't have access to our file. They also advised us that this is HO discretion to give 5 year or 10 year partner route visa.

Could you please us know what action we should take?
1) can we ask them to reconsider their decision? what is the process for reconsider or administrative reiew?
2) can we file a new application ?

Can HO office change the immigration route from 5 years to 10 years without giving any reason?

aalizs
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Re: Visa granted for 10 year partner route

Post by aalizs » Thu Mar 14, 2019 11:54 am

aalizs wrote:
Thu Mar 14, 2019 10:08 am
vinny wrote:
Thu Mar 14, 2019 9:52 am
Ask them to explain further.
What is the process for aksing them to explain? We don't seem to find any contact number of Sheffield office.

We have called HO on the customer service number but they have told us that they don't have access to our file. They also advised us that this is HO discretion to give 5 year or 10 year partner route visa.

Could you please us know what action we should take?
1) can we ask them to reconsider their decision? what is the process for reconsider or administrative reiew?
2) can we file a new application ?

Can HO office change the immigration route from 5 years to 10 years without giving any reason?
Vinny and CR001 any comments please on the above

vinny
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Re: Visa granted for 10 year partner route

Post by vinny » Thu Mar 14, 2019 1:55 pm

Request a reconsideration?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

aalizs
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Re: Visa granted for 10 year partner route

Post by aalizs » Thu Mar 14, 2019 2:19 pm

vinny wrote:
Thu Mar 14, 2019 1:55 pm
Request a reconsideration?
Thank you Vinny. Much appreciated

dreamer2
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Re: Visa granted for 10 year partner route

Post by dreamer2 » Fri Mar 15, 2019 9:28 pm

Please can you update here if they reviewed your application ? Can you re-apply if there is no right to appeal?

dreamer2
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Re: Visa granted for 10 year partner route

Post by dreamer2 » Fri Mar 15, 2019 9:32 pm

In your ten years route previous 30 months will be included. You can make a new application for 5 years if you meet all requirements but in this case you will lose those 30 months . It will only safe your 2.5 years of stressed life. I wonder if I can cancel my 10 years route and reapply again with my old BRP as it is still valid.

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