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Looking for a SOlicitor to assist with ILR application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Saffer747
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Need advise

Post by Saffer747 » Wed Nov 13, 2019 5:42 pm

I have a question regarding the Indefinite Leave to remain application via the Spousal visa.

Background my first Spousal Visa was rejected by Home Office as they questioned whether I was in a legit relationship even though we had shown them all the proof they needed. The UK Tribunal court ruled in my favour and I was given a spousal visa for two and a halve years followed by another two and a halve years.
We also meet all the other requirements like finance etc. but yet my Indefinite Leave to Remain was rejected citing that I do not have enough years?

The first partner spousal visa application was made on 3 July 2012 (Note that we have been living together in the UK as a couple since 2008) and we were granted a 2 and halve year visa LTRP.1.2 (which is the 10 year route)
The second partner spousal visa application was made on 10 February 2017 and I was granted another 2 and a halve year visa but this time they changed it to D-LTRP.1.1. (which is the 5 year route)

My Indefinite Leave to Remain application has now been declined saying I only have 2 and a halve years together when we clearly have been living together since 2008 and I had been on 5 years all together partnership spousal visa.
Note that Home Office themselves determined LTRP.1.2 and D-LTRP.1.1. and we did not as we only had one application form and that was for the Spousal Partnership Visa. I have read that if you change from LTRP.1.2 to D-LTRP.1.1. or from 10 year to 5 year route that you start over and that the time you lived together while on the 10 year route is note counted and ignored and it seems that is why Home Office only count 2.5 years as they changed it from 10 to 5 years?
What makes things more interesting or infuriating from my side is that I have applied for my first partnership spousal visa on 3 July 2012 when the 2 year route was still active and the 5 year route only came in on 9 July 2012 and therefore I should qualify under the 2 year route.

All these applications and appeals are costing me a lot of money stress and time and I can't understand how Home Office clearly ignores their own immigration rules when I clearly meet all of the requirements? Does anyone have any advise or had similar experiences?

2 years' residence
A person who has lived in the UK for 2 years with temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person and who intends to continue living together (and are still married or in a civil partnership, if applicable) can apply for ILR using Form SET(M), as long as he/she arrived in the UK or applied for permission to stay in the UK on or before 8 July 2012.

Note that a person living in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person who either arrives in the UK or applies for permission to stay in the UK on or after 9 July 2012 must live in the UK for 5 years (and not 2 years) to obtain ILR (see below).

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zimba
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Re: Need advise

Post by zimba » Wed Nov 13, 2019 7:10 pm

The length of your relationship is irrelevant. You cannot combine the time spent under FLR(M) and FLR(FP) towards ILR under SET(M). You need 5 years under FLR(M) to be eligible for ILR. I believe the 2 years residence also does not apply to you as you switched to FLR(M) after July 2012. If you lived here continuously and lawfully since 2008, why didn't you apply under SET(LR) in 2018 ?!
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Saffer747
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Re: Need advise

Post by Saffer747 » Wed Nov 13, 2019 7:31 pm

When I won my appeal it was under immigration rules and not humanitarian.
Quote:
Decision from judge(June 2014): The appeal is allowed under the immigration rules.

When we only applied for the unmarried partner visa via my solicitor and I am not familiar with different requirements under FLR(M) or FLR(FP) towards ILR under SET(M) this is a grey area to me. Are you saying that we applied wrongly? I can't see how since we only had one application option and that was unmarried partner spousal visa. This makes no sense as it clearly says that after 2 years on a partner/unmarried visa you can apply for ILR. Never have I seen any guidance or options of different forms FLR(M) or FLR(FP) or FLR(M)? Where can I find more information on this?

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CR001
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Re: Need advise

Post by CR001 » Wed Nov 13, 2019 7:49 pm

The Immigration Rules Appendix FM clearly state the requirement for ILR. Your FLR m put on a new 5 year route and you need 60 months on FLR m.

https://www.gov.uk/guidance/immigration ... ly-members
Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);

or
(b) at least 120 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii).
[/quote]
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Saffer747
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Re: Need advise

Post by Saffer747 » Wed Nov 13, 2019 10:17 pm

Thanks for your feedback. This means if I am reading this right that there are different Spousal partner/unmarried partner applications routes but are there different application forms? Or is this for Home Office to decide what route you fall under?

This is the guidance I find on government websites and no where does it stipulate that you have to follow a specific route e.g. for FLR(M) etc.

https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner

You can apply as the partner of a British citizen or person settled in the UK
You may be eligible for settlement (indefinite leave to remain) if your partner is:

a British citizen
settled in the UK

Your current UK visa must be based on being their partner - this includes being:

their husband or wife
their civil partner
in a relationship that’s like a marriage or civil partnership
You must prove you’ve been living together since your last visa renewal. You must also intend to continue your relationship after you apply.

Eligibility
If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.

If you’re on the 2-year route, you must have been living in the UK on that visa for 2 years.

If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years.

If you’re not sure which route you’re on, check the letter you got from the Home Office when your ‘leave to remain’ was last approved.

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Re: Need advise

Post by CR001 » Wed Nov 13, 2019 10:38 pm

Only one form usually for the visa but after your appeal you were granted leave on the 10 years route through FLR fp. By changing to FLR m, you reset your lock to a new 5 year route and would need 60 months on the new route before you qualify for ilr.

You cannot combine some time from the 10 year route and some time from the 5 year route to make up 5 years for ilr.

The piece you quite clearly says this under eligibility.
Eligibility
If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.

If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years.
What is your UK immigration history prior to winning the appeal??
Char (CR001 not Casa)
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Saffer747
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Re: Need advise

Post by Saffer747 » Wed Nov 13, 2019 10:44 pm

Neither I or my Solicitor have ever changed the route I was on. Home Office did that themselves.
Secondly I applied before 9 July 2012 and should have been on a 2 year route:

https://www.gov.uk/uk-family-visa/partner-spouse
When you can settle permanently

The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a partner. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner.
The rules are different if you applied before 9 July 2012.
If you applied before 9 July 2012 – Yes, I have
You can only extend your family visa if all the following are true:
• you were given permission to stay in the UK as a partner before 9 July 2012 – Yes, I have
• you are not eligible to settle
• you have not been granted or refused another visa
You must also prove that:
• you and your partner have enough money to adequately support and accommodate yourselves and any dependants without relying on public funds Yes, we have
• you have good knowledge of English Yes, we have

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CR001
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Re: Need advise

Post by CR001 » Wed Nov 13, 2019 10:50 pm

CR001 wrote:
Wed Nov 13, 2019 10:38 pm
What is your UK immigration history prior to winning the appeal??
Also, what was the initial visa in 2012 refused for??

What date was the appeal allowed and what date was your visa issued?

By being granted a 2.5 year visa, you are under the 9th July onwards rules.

What did you not challenge ho back then?? Your letter would have clearly stated what was granted?
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.

Saffer747
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Re: Need advise

Post by Saffer747 » Wed Nov 13, 2019 10:58 pm

The 2012 Visa was refused by Home Office as they questioned my relationship with my partner (now my wife) I appealed and won the court case. The judge ruled in my favour and said Home Office did not follow the immigration rules and I won the appeal on immigration rules. I applied again for the spousal visa on 3 July 2012 which was then granted. Home Office incorrectly placed me on a longer route and by their own rules they should have kept me on the 2 year route as the 5 year route came in after my application.

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Need advise on what to do next

Post by Saffer747 » Mon Nov 18, 2019 3:05 pm

Need advice on what to do next.

My initial post I have asked advise on my ILR that was declined by Home Office stating that I only have 2.5 years and need 5 years (60 months). My and my solicitor’s opinion was that I should have been on the 2-year route as we applied before the rules change 9 July 2012.

My question now is what is my options? IF for argument sake we were wrong and need indeed another 30 months for ILR. Do I apply for another spousal visa of 2.5 years (30 months)? Note that my IRL has been declined and I have appealed against the decision and awaiting a court date.

Brief Summary initial query on this forum and of my application history:

*Please note that both my 2 applications were done via FLR (M) by applying for two unmarried partner spousal visas.
The first partner spousal visa application was made on 3 July 2012 (Note that we have been living together in the UK as a couple since 2008) and we were granted by HO a 2 and halve year (30 month) visa LTRP.1.2 (which is the 10 year route)
The second partner spousal visa application was made on 10 February 2017 and I was granted another 2 and a halve year visa but this time they changed it to D-LTRP.1.1. (which is the 5-year route or 60 months)

Point 1 - My Indefinite Leave to Remain application has been declined saying I only have 2 and a halve years (30 months) together when I clearly have been on 5 years (60 momths) all together unmarried partnership spousal visa.
NOTE that we always applied via FLR (M) that Home Office themselves determined LTRP.1.2 and HO themselves change it to D-LTRP.1.1.
I have read that if you change from LTRP.1.2 to D-LTRP.1.1. or from 10 year to 5 year route that you start over and that the time you lived together while on the 10 year route is note counted and ignored and it seems that is why Home Office only count 2.5 years as they changed it from 10 to 5 years?

Point 2 - What makes things more interesting or infuriating from my side is that I have applied for my first partnership spousal visa on 3 July 2012 when the 2 year route was still active and the 5 year route only came in on 9 July 2012 and therefore I should qualify under the 2 year route.

2 years' residence
A person who has lived in the UK for 2 years with temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person and who intends to continue living together (and are still married or in a civil partnership, if applicable) can apply for ILR using Form SET(M), as long as he/she arrived in the UK or applied for permission to stay in the UK on or before 8 July 2012.

Note that a person living in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person who either arrives in the UK or applies for permission to stay in the UK on or after 9 July 2012 must live in the UK for 5 years (and not 2 years) to obtain ILR (see below).


Saffer747
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Update to my case

Post by Saffer747 » Thu Apr 30, 2020 2:09 pm

Quick update to my case.
My day in court was on 20 Feb '20 and I won my appeal based on the fact that my initial spousal visa was made before 9 July 2012 and HO should not have placed me on a 10 or 5 year track but should have placed me under the old rules which was 2 years back then.
My advise to others are is consult with as many legal aid sources as possible. There are lots of free legal sessions in the city and the one that helped me best was the Citizens Advised Bureau. My own solicitor tried to charge me a lot more than usual and I had to let him go. The four months before my tribunal court date I did a lot of research and advise you to the same. Know the facts and immigration rules yourself. Don't just leave it to your legal team.

Saffer747
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Looking for a SOlicitor to assist with ILR application

Post by Saffer747 » Mon Dec 05, 2022 1:05 pm

Can anyone recommend a good London-based solicitor who can assist with my Indefinite Leave to Remain application (ILR)?

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Re: Looking for a SOlicitor to assist with ILR application

Post by CR001 » Mon Dec 05, 2022 1:16 pm

Members are not permitted to post the names and details of solicitors on the forum.
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.

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