Set(M) Refused - Applied too early

We received a letter today refusing ILR because I included the period that she was my fiance in the 5 year period. We have 4 years and 7 months on the Spouse visa
Therefore they have just rejected rather than refund the money and ask us to reapply in 3 months.

They dont give us any option on the letter except going onto another period of Limited Leave to Remain and to pay 1000 pounds NHS surcharge.

There is no point in paying this if in 3 months we could apply for the ILR again, as my wife still has until June on her current Resident Card.

However on the letter it says if we dont pay the 1000 charge and go on the limited leave then she could be removed. Is this possible if we still have a current period of leave until June?

The letter doesn't state any options to appeal or ask questions and it took a week to arrive, so we have very few days left to pay and I really don't want to after potentially losing 3000 pounds and wanting to reapply in only a few months.

What do you suggest that I do in order to get ILR this year? Shall I pay the 1000 pounds, get another period of leave and reapply for ILR in only a few months (paying over 4000 in total again) or wait and ignore the letter/contact someone at the Visa Office and tell them that we want to wait a few months and reapply for ILR as we are still within our current visa?

Is there any way that we can have our money refunded?

What number can I use to discuss this with the Home Office?

How would I know if my current visa has been curtailed?

Thank you for any help

We received a letter today refusing ILR because I included the period that she was my fiance in the 5 year period. We have 4 years and 7 months on the Spouse visa
Therefore they have just rejected rather than refund the money and ask us to reapply in 3 months.

You don't get a refund if you are refused. It is 60 months on a spouse visa. Fiance visa doesn't count for residence towards ILR.

They dont give us any option on the letter except going onto another period of Limited Leave to Remain and to pay 1000 pounds NHS surcharge.

There is no point in paying this if in 3 months we could apply for the ILR again, as my wife still has until June on her current Resident Card.

If you still have a valid spouse visa to reach the required period, ignore the offer of LLR and paying IHS.

However on the letter it says if we dont pay the 1000 charge and go on the limited leave then she could be removed. Is this possible if we still have a current period of leave until June?

It is a generic sentence. She has a valid visa.

The letter doesn't state any options to appeal or ask questions and it took a week to arrive, so we have very few days left to pay and I really don't want to after potentially losing 3000 pounds and wanting to reapply in only a few months.

Nothing to appeal. It is your error not HO error. You will lose your £3000 you have paid and will have to pay again when you reapply in 3 months time.

What do you suggest that I do in order to get ILR this year? Shall I pay the 1000 pounds, get another period of leave and reapply for ILR in only a few months (paying over 4000 in total again) or wait and ignore the letter/contact someone at the Visa Office and tell them that we want to wait a few months and reapply for ILR as we are still within our current visa?

Ignore the request if you wish to as you have a valid visa. You won't get your money back. The onus is on the applicant to make sure they meet the requirements.

Is there any way that we can have our money refunded?

No.

What number can I use to discuss this with the Home Office?

There is only the call centre number, which is an external third party agency. HO won't discuss this with you over the phone. They have followed the rules.

How would I know if my current visa has been curtailed?

It hasn't.

Thanks Casa

I am new here. Are you a lawyer and is this your professional experience? Apologies as I dont know you but that is the impression that I get from the content of your posts.

I dont want any doubt when I go to explain to my wife.

My response is based on the immigration rules, which have been in place since 9th July 2012.

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.

Immigration Rules Appendix FM, states 60 months residence in the correct visa category is required.

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

Yes Casa. That's fine.
I understand that.

I am just asking about when you tell me to ignore the letter etc. is this because you are a lawyer or on what basis do you know that this is the right thing to do.

It makes sense to me but I came on here to see if a lawyer could advise me. Just wondered if you were one, by the content of your replies, I presumed you were. My wife is asking me to check with a lawyer.

I am not a lawyer no, but have been through many years of immigration myself and studied the rules to help others.

The offer you received is standard for ANY application for ILR that does not meet the requirement. You are not obligated to take the offer if you have a valid visa.

Previously (till about 2 years ago), it was an outright refusal with no option or offer. This caused many to become overstayers due to visa already having expired. This offer option was added in to avoid this but is mainly aimed at those who don't have a valid visa at the point of receiving this letter, due to either at some point applying too early for an extension and creating a shortfall or not meeting one of the ILR requirements and being offered this life line to avoid overstay and potential costly appeals etc.

So probably the question I should ask is, are there lots of people, in your experience, who have ignored this offer and waited the extra months and did not get into problems. Should I advise the HO that I do not wish to take the offer and explain my intentions for the record, and if so, how can we do that - to what address can I write?

Thanks

DanielJ wrote: ↑

Fri Jan 17, 2020 11:14 am

So probably the question I should ask is, are there lots of people, in your experience, who have ignored this offer and waited the extra months and did not get into problems. Should I advise the HO that I do not wish to take the offer and explain my intentions for the record, and if so, how can we do that - to what address can I write?

Thanks

Yes, many have done exactly that and then reapplied when they qualified for ILR.

You can advise HO if you wish, but it is not necessary as they have given you a deadline, so simply let it pass. This will have no impact on your next application.

DanielJ wrote: ↑

Fri Jan 17, 2020 11:14 am

So probably the question I should ask is, are there lots of people, in your experience, who have ignored this offer and waited the extra months and did not get into problems. Should I advise the HO that I do not wish to take the offer and explain my intentions for the record, and if so, how can we do that - to what address can I write?

Thanks

Everything CR001 has said is correct. If you pay the 1000 pounds this puts you on a 10years route.

Since your visa is still valid you need to wait and reapply when eligible.

You can write back to the address on the letter you received stating you wish to reapply in 3 months when you become eligible

See also similar topics.

DanielJ wrote: ↑

Fri Jan 17, 2020 11:14 am

So probably the question I should ask is, are there lots of people, in your experience, who have ignored this offer and waited the extra months and did not get into problems. Should I advise the HO that I do not wish to take the offer and explain my intentions for the record, and if so, how can we do that - to what address can I write?

Thanks

I would like to stress that you should not accept any offers. As you have valid visa, let it simply be refused. If you accept their offer, you end up under 10 year route and you lose your years under the FLR(M) meaning that you cannot apply for ILR under the 5 year route

Agree.