Set(M) Refused - Applied too early

Hi all

Could do with some advice please!!!

I recently applied for ILR for my wife using Set (M) - I called the helpline to find out when to apply ie 5 years from date visa was granted or first entry into the UK to which I was advised that it was from the date visa was granted. I called a few times to check this and it appears I was misinformed as I have just had a letter stating that my application was refused as my wife has been here 58 months and not 60 months!!! They state in the letter that if I pay an immigration health surcharge of £1000 then she can go down the 10 year family route which isn't something I want to do. My main concern here is that the fee is paid (over £3000 for priority service) has been lost and if that is the case I am going to struggle to fork up an additional £2k for another application in March.

Has this happened to anyone else?
What should i do

Unfortunately, the Home Office 'help line' is outsourced to an agency, with staff who have very limited knowledge on the Immigration Rules and are renowned for giving incorrect advice on even the simplest of immigration issues.

A similar situation in the thread below:
indefinite-leave-to-remain/ilr-refused- ... 53939.html

Thanks Casa... Do you think they will refund my application fee or do I consider it gone for good!

When does her current visa expire?

What date did she enter the UK on her spouse Settlment visa??

Visa expires jul 2019 and she entered March 2014

Being refused for applying too early is not normally a ground for curtailment.

See another similar topic.

If they haven’t curtailed your visa, then their advice to apply for further leave to remain under the 10 year route is completely illogical and inappropriate.

Don’t rely on telephone conversations nor correspondence with the Home Office!

Apply for ILR again no sooner than 28 days prior to completing the 60 months in the UK, or after completing 60 months, and prior to expiry of leave.

Fee highly unlikely will be refunded due to refusal, however, do not pay IHS and apply again after completing 60 months or within 28 days of completing 60 months period.

Perhaps complain to the OISC about the Home Office’s poor Immigration advice?

vinny wrote: ↑

Fri Feb 01, 2019 12:16 am

Being refused for applying too early is not normally a ground for curtailment.

See another similar topic.

If they haven’t curtailed your visa, then their advice to apply for further leave to remain under the 10 year route is completely illogical and inappropriate.

Don’t rely on telephone conversations nor correspondence with the Home Office!

Apply for ILR again no sooner than 28 days prior to completing the 60 months in the UK, or after completing 60 months, and prior to expiry of leave.

Hi Vinny,

What do you do when your visa expired in the process of waiting for a decision and was refused. Do you apply for reconsideration, Pre action protocol or JR?

I cant find useful information anywhere and I have until Monday to pay the surcharge fee.

This has literally just happened to me....but im not too early the case worker has but the date of arrival as October instead of March 2014! My application is correct and my passport clearly has the stamp of arrival as March. Ive rung the Visa people a week ago and they said write a letter to the caseworker which i did a week ago and got no response. so rung again today and they have said hire a solicitor since my letter dosent allow me to appeal!! I dont really want to do this as i have already paid 3,300 to get the priority service! i've paid the 80 pounds for a administrative review today even tho it was not offered on my refusal letter.

do i have any hope of them reconsidering my application or have i just lost 3,300 pounds to their mistake?!?? i have had no problems this time and im sooooooo not impressed with the service this time!! I dont want another 30 months and a fee of 1,000 for the health surcharge. would be glad of others comments to what they have done to resolve. many thanks!!

histhename wrote: ↑

Tue May 14, 2019 1:57 pm

im not too early the case worker has but the date of arrival as October instead of March 2014!

Did you travel out and return in October of that year as well?

Had you arrived in the UK in March 2014 on a spouse visa or on another visa?

secret.simon wrote: ↑

Tue May 14, 2019 2:24 pm

histhename wrote: ↑

Tue May 14, 2019 1:57 pm

im not too early the case worker has but the date of arrival as October instead of March 2014!

Did you travel out and return in October of that year as well?

Had you arrived in the UK in March 2014 on a spouse visa or on another visa?

no i didnt go anywhere in October and arrived in March on a spouse visa

histhename wrote: ↑

Tue May 14, 2019 2:26 pm

secret.simon wrote: ↑

Tue May 14, 2019 2:24 pm

histhename wrote: ↑

Tue May 14, 2019 1:57 pm

im not too early the case worker has but the date of arrival as October instead of March 2014!

Did you travel out and return in October of that year as well?

Had you arrived in the UK in March 2014 on a spouse visa or on another visa?

no i didnt go anywhere in October and arrived in March on a spouse visa

33 month validity Spouse visa or a 6 months Fiance visa and then married in the UK before switching to a spouse visa??

CR001 wrote: ↑

Tue May 14, 2019 2:34 pm

histhename wrote: ↑

Tue May 14, 2019 2:26 pm

secret.simon wrote: ↑

Tue May 14, 2019 2:24 pm

histhename wrote: ↑

Tue May 14, 2019 1:57 pm

im not too early the case worker has but the date of arrival as October instead of March 2014!

Did you travel out and return in October of that year as well?

Had you arrived in the UK in March 2014 on a spouse visa or on another visa?

no i didnt go anywhere in October and arrived in March on a spouse visa

33 month validity Spouse visa or a 6 months Fiance visa and then married in the UK before switching to a spouse visa??

oh ok!...i arrived on a fiance visa!! So is that going to be my problem?!! Wish this was made more clear since i arrived in the country 10 of March i assumed that was when it started! I received the spouse 01 July 2014 so is that the date i should have put instead of when i arrived to the country?

histhename wrote: ↑

Tue May 14, 2019 2:48 pm

CR001 wrote: ↑

Tue May 14, 2019 2:34 pm

histhename wrote: ↑

Tue May 14, 2019 2:26 pm

secret.simon wrote: ↑

Tue May 14, 2019 2:24 pm

Did you travel out and return in October of that year as well?

Had you arrived in the UK in March 2014 on a spouse visa or on another visa?

no i didnt go anywhere in October and arrived in March on a spouse visa

33 month validity Spouse visa or a 6 months Fiance visa and then married in the UK before switching to a spouse visa??

oh ok!...i arrived on a fiance visa!! So is that going to be my problem?!! Wish this was made more clear since i arrived in the country 10 of March i assumed that was when it started! I received the spouse 01 July 2014 so is that the date i should have put instead of when i arrived to the country?

Your qualifying time for ILR starts from the date your FLR(M) spouse visa was granted. Fiance visa doesn't count for ILR. It is clearly stated on the HO website.

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.

CR001 wrote: ↑

Tue May 14, 2019 3:07 pm

histhename wrote: ↑

Tue May 14, 2019 2:48 pm

CR001 wrote: ↑

Tue May 14, 2019 2:34 pm

histhename wrote: ↑

Tue May 14, 2019 2:26 pm

no i didnt go anywhere in October and arrived in March on a spouse visa

33 month validity Spouse visa or a 6 months Fiance visa and then married in the UK before switching to a spouse visa??

oh ok!...i arrived on a fiance visa!! So is that going to be my problem?!! Wish this was made more clear since i arrived in the country 10 of March i assumed that was when it started! I received the spouse 01 July 2014 so is that the date i should have put instead of when i arrived to the country?

Your qualifying time for ILR starts from the date your FLR(M) spouse visa was granted. Fiance visa doesn't count for ILR. It is clearly stated on the HO website.

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.

Thanks for pointing that out...a little late for me now tho Too bad the application doesn't state when i received visa rather than when i come into the country! and im confused where they got the october date from as that doesn't tie up with anything.

do you have any advise what i do now? do i just wait to apply 1 June again? or do i have to do another 30 months spouse visa again?

histhename wrote: ↑

Tue May 14, 2019 3:18 pm

CR001 wrote: ↑

Tue May 14, 2019 3:07 pm

histhename wrote: ↑

Tue May 14, 2019 2:48 pm

CR001 wrote: ↑

Tue May 14, 2019 2:34 pm

33 month validity Spouse visa or a 6 months Fiance visa and then married in the UK before switching to a spouse visa??

oh ok!...i arrived on a fiance visa!! So is that going to be my problem?!! Wish this was made more clear since i arrived in the country 10 of March i assumed that was when it started! I received the spouse 01 July 2014 so is that the date i should have put instead of when i arrived to the country?

Your qualifying time for ILR starts from the date your FLR(M) spouse visa was granted. Fiance visa doesn't count for ILR. It is clearly stated on the HO website.

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.

Thanks for pointing that out...a little late for me now tho Too bad the application doesn't state when i received visa rather than when i come into the country! and im confused where they got the october date from as that doesn't tie up with anything.

do you have any advise what i do now? do i just wait to apply 1 June again? or do i have to do another 30 months spouse visa again?

What date did you get married?

What date did you apply for FLR(M) spouse visa and what was the exact date the visa was valid from?? Presumably you applied to change visas within the UK and not from your home country??

Unfortunately, yes, you would have to wait till you qualify and apply again. No need to do another 30 months visa if you still have a valid visa (you don't state when your visa expires)?

Just an Update.

Sorry i couldn't give an update on my thread as it is now locked.

I was also refused LLR for applying early by 2 months. I was told i will be deported or have a choice of Limited leave on the 10yrs route

I took the limited leave option to secure my job and finances while i fight HO’s decision.

I asked for a reconsideration but it was still the same outcome. Then i was advised by Konzo to keep going because she believed i had a case.

So i decided to send a Pap letter as my last go but made up my mind to reapply next year on the long residence route.

Fortunately HO responded to the letter after 8 months and confirmed my LLR will be granted.

Thanks Konzo you are a star.

Jojo19 wrote: ↑

Fri Dec 06, 2019 10:15 am

Just an Update.

Sorry i couldn't give an update on my thread as it is now locked.

I was also refused LLR for applying early by 2 months. I was told i will be deported or have a choice of Limited leave on the 10yrs route

I took the limited leave option to secure my job and finances while i fight HO’s decision.

I asked for a reconsideration but it was still the same outcome. Then i was advised by Konzo to keep going because she believed i had a case.

So i decided to send a Pap letter as my last go but made up my mind to reapply next year on the long residence route.

Fortunately HO responded to the letter after 8 months and confirmed my LLR will be granted.

Thanks Konzo you are a star.

LLR = limited leave to remain?
ILR= indefinite leave to remain.
You already had LLR..?!
Did you end up getting ILR after “complaining” to HO?
What was the process?

[
[/quote]

LLR = limited leave to remain?
ILR= indefinite leave to remain.
You already had LLR..?!
Did you end up getting ILR after “complaining” to HO?
What was the process?
[/quote]

Sorry I meant to say Indefinite leave to remain. (ILR)

Process:
I wrote a Pap letter questioning the decision taken and asked for it to be reviewed.
My case was quite different because at the time the decision was made I had fulfilled all requirements needed.
Pap letter was done by me and was nothing fancy just started facts and they responded to trade in LLR CARD for ILR.

Jojo19 wrote: ↑

Wed Dec 11, 2019 2:39 pm

I’m aware of ur case.. you were eligible on the day of decision.. 22/01, decision 18th Feb. Just that you applied early n submit biometrics before 28 days.
They refused reconsideration and you accepted the new visa- paid everything etc- you then sent a pap citing the guidance that you were the above and discretion or rule should have been applied?
You addressed this to whom? Ur caseworker or to whom it may concern or on the service complaint form/email?

aman90 wrote: ↑

Wed Dec 11, 2019 3:34 pm

Jojo19 wrote: ↑

Wed Dec 11, 2019 2:39 pm

I’m aware of ur case.. you were eligible on the day of decision.. 22/01, decision 18th Feb. Just that you applied early n submit biometrics before 28 days.
They refused reconsideration and you accepted the new visa- paid everything etc- you then sent a pap citing the guidance that you were the above and discretion or rule should have been applied?
You addressed this to whom? Ur caseworker or to whom it may concern or on the service complaint form/email?

It was addressed to the Pap email : UKVIPAP@homeoffice.gov.uk