ILR refused with strange response

Hi All

I have applied for SET(M) using super priority service on basis of my british child and submitted documents and biometrics on 1st of august. It has been 3 days now with no response from home office.

My question is does it really happen?
Also will I get refunded for super priority service?
And whats the maximum some one has waited for a decesion using super priority service?

I applied for the Set(LR) visa via the Super Priority Service, my biometrics were taken on 2 August, and I haven't receive any email yet.

evieevie wrote: ↑

Wed Aug 04, 2021 9:40 pm

I applied for the Set(LR) visa via the Super Priority Service, my biometrics were taken on 2 August, and I haven't receive any email yet.

Its a very frustrating situation and more stressful. Spoke to my solicitor about it and he is also surprised by this as he should have either received a decesion or a query if they want more info. Even though all documents in check list were provided.

Hi All

I was granted 10 year parent route in 2013. Later i was granted 5 year route in 2015. Applied for extension and was granted another 2.5 years on DLPT1.2

I applied for ILR with super priority service on 1st of august on basis of 5 year parent route.

I received an email feim home office that I applied for ILR on the basis of spouse/cp and do no meet the criteria. Then they referred to other decesions on basis of parent route which said

You were granted 10 year parent route in 2013.
You were granted 2.5 years on 10 years parent route which is factually incorrect. I was granted 5 year route in 2015.
Then it said you were granted 2.5 years on basis of 10 years.

Mentioning i do not qualify and need to spend 120 months on parent route and they want me to send a fresh application in 14 days. As I need tonspend another 30 months on parent route.

Also strange fact is that email is referring to partner route which I never applied.

How do I respond to the email as it is clear that case worker has not considered the case or it was sent to the wrong team? Should I send them letter from 2015 for reconsideration before lodging fresh application?

Or is it just a standard email?

Thing which is confusing me is last grant on DLRPT1.2 even though I sent B1 with application?

Can some one please guide me as it is very urgent?

Zimba?

If you were granted leave under D-LTRP.1.2, you were granted a visa under the 10 year partner route and NOT the parent route and hence you do NOT qualify for ILR as a pranet.

The eligibility requirements for leave to remain as a parent are set out in paragraphs E-LTRPT.2.2. to E-LTRPT.5.2. of Appendix FM.

If the applicant meets the requirements for leave to remain as a partner under the 10-year route, they will be granted leave to remain for a period not exceeding 30 months as a partner under paragraph D-LTRP.1.2. of Appendix FM

https://assets.publishing.service.gov.u ... .0-ext.pdf

Zimba wrote: ↑

Thu Aug 05, 2021 4:05 pm

If you were granted leave under D-LTRP.1.2, you were granted a visa under the 10 year partner route and NOT the parent route and hence you do NOT qualify for ILR as a pranet.

The eligibility requirements for leave to remain as a parent are set out in paragraphs E-LTRPT.2.2. to E-LTRPT.5.2. of Appendix FM.

If the applicant meets the requirements for leave to remain as a partner under the 10-year route, they will be granted leave to remain for a period not exceeding 30 months as a partner under paragraph D-LTRP.1.2. of Appendix FM

https://assets.publishing.service.gov.u ... .0-ext.pdf

it was granted on the basis of court order. And all decesions mentioned parent route not partner route.

1st grant said "Grant of leave under 10 year parent route"
2015 decesion said "Grant of leave under 5 year parent route"
3rd extension said grant of leave under paragraph D-LTRPT1.2 on parent route. I typed wrong in my previois post.

What does this mean? Is it a good idea to clarify that in email and send 2015 decesion in email or should I just lodge a fresh application as they have given ne 14 days?

Ok so your last grant of leave was under paragraph D-LTRPT.1.2

The problem is that unlike D-LTRPT.1.1, the last grant of leave has put you under the 10-year parent route I am afraid. This means when you applied for ILR, you failed to satisfy the continuous period requirement under paragraph E-ILRPT.1.3. of the rules:

Section E-ILRPT: Eligibility for indefinite leave to remain as a parent
E-ILRPT.1.1. To meet the eligibility requirements for indefinite leave to remain as a parent all of the requirements of paragraphs E-ILRPT.1.2. to 1.5. must be met.

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

E-ILRPT.1.3. (1) 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 parent granted under paragraph D-ECPT.1.1.; or
(ii) limited leave to remain as a parent granted under paragraph D-LTRPT.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 parent granted under paragraph D-ECPT.1.1. or D-ECPT.1.2.;
or
(ii) limited leave to remain as a parent granted under paragraph D-LTRPT.1.1. or D-LTRPT.1.2.; or
(iii) a combination of (i) and (ii).

https://www.gov.uk/guidance/immigration ... ly-members

Zimba wrote: ↑

Thu Aug 05, 2021 6:06 pm

Ok so your last grant of leave was under paragraph D-LTRPT.1.2

The problem is that unlike D-LTRPT.1.1, the last grant of leave has put you under the 10-year parent route I am afraid. This means when you applied for ILR, you failed to satisfy the continuous period requirement under paragraph E-ILRPT.1.3. of the rules:

Section E-ILRPT: Eligibility for indefinite leave to remain as a parent
E-ILRPT.1.1. To meet the eligibility requirements for indefinite leave to remain as a parent all of the requirements of paragraphs E-ILRPT.1.2. to 1.5. must be met.

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

E-ILRPT.1.3. (1) 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 parent granted under paragraph D-ECPT.1.1.; or
(ii) limited leave to remain as a parent granted under paragraph D-LTRPT.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 parent granted under paragraph D-ECPT.1.1. or D-ECPT.1.2.;
or
(ii) limited leave to remain as a parent granted under paragraph D-LTRPT.1.1. or D-LTRPT.1.2.; or
(iii) a combination of (i) and (ii).

https://www.gov.uk/guidance/immigration ... ly-members

Thank you for the info. So now basically I need to lodge a fresh application and wait for ILR on the basis of long residence? As i will be completing 10 year lawful residence 1 year before the expiry of new leave?

Also i have one more question.
Do home office send decesion in writing to solicitor or clients address for super priority service or in my case it will b a fresh application for leave to remain but will still be priority i guess?
As I am moving home in couple of weeks time thats y i applied for super priority service otherwise it would have been difficult with old and new address.

Thanks

Do you qualify for ILR under long residence ? Do you have 10 years of lawful residence ?
When does your visa expire ? Note that Your visa expiry is irrelevant to long residence

Zimba wrote: ↑

Fri Aug 06, 2021 10:41 am

Do you qualify for ILR under long residence ? Do you have 10 years of lawful residence ?
When does your visa expire ? Note that Your visa expiry is irrelevant to long residence

When granted 30 months from now, i will be completing 10 years in April 2023. 1st grant was 12 April 2013. And this new leave will be 1 year beyond 10 years. So will I qualify in April 2023 on the basis of 10 year lawful residence?

Thanks for your help

You are talking about what a fresh application to apply now as requested by the UKVI, surely you will be eligible for ILR by 2023 but that is not the point.
So when does your current leave expire ? As you are not eligible for ILR at the moment, you need to get that new 30 months somehow.

Zimba wrote: ↑

Fri Aug 06, 2021 11:38 am

You are talking about what a fresh application to apply now as requested by the UKVI, surely you will be eligible for ILR by 2023 but that is not the point.
So when does your current leave expire ? As you are not eligible for ILR at the moment, you need to get that new 30 months somehow.

My current leave expires in december. Home office have put my ILR application on hold. They have asked to apply for 30 months leave in 14 days other wise application will be refused on the basis of not qualifying for ILR. And they will refund ILR fee minus admin charges if I make thus application now. Because i provided all the docs requested along with the contact order, letter from my ex partner confiring the contact, copy of my child passport along with my bank statements and proof of support which goes through my account.

Another question whichbarises it that, do I have to give biometrics again? case wirker is still on my case and needs to be informed when applocation is submitted

Adding to my previous post, home office is considering my application under partner route which was never the case. Also they never asked anything related to partner route in documents check list.

They also mentioned that i was granted under parent route which is correct but in the end they say that I have 14 days to submit and notify the case worker otherwise application will be considered under partner route which obviously is a mistake on their end. That is main reason i am a bit confused whether to send the a reply or just do what ever they are telling me to do

You may choose to withdraw your ILR application as you have a valid visa until December but you may not get a refund for your ILR application. Alternatively, you can make a new FLR(FP) application under the parent route, pay the IHS and enrol the Biometrics again. This will be considered variation of the previous ILR application. They can then refund your ILR fees and proceed with your FLR application instead which will give you 30 months under the parent route.

https://visas-immigration.service.gov.u ... ily-routes

Zimba wrote: ↑

Fri Aug 06, 2021 2:07 pm

You may choose to withdraw your ILR application as you have a valid visa until December but you may not get a refund for your ILR application. Alternatively, you can make a new FLR(FP) application under the parent route, pay the IHS and enrol the Biometrics again. This will be considered variation of the previous ILR application. They can then refund your ILR fees and proceed with your FLR application instead which will give you 30 months under the parent route.

https://visas-immigration.service.gov.u ... ily-routes

Thank you

So when I put FLRfp then will that application still be on super priority service or it will be standard service? And do I need to submit all the docs again or only need to give biometrics?

Thanks for your help

This will be totally a NEW application so ignore what you have done previously for that ILR application
It is up to you to choose the level of service you want, you may choose a 'Priority' or 'Standard' when you are about to pay and if it is offered. You will be required to fill a new form, pay the IHS, pay for your application, provide the documents required and attend the Biometrics appointment as usual. When you submitted your new application online, simply email back the ILR caseworker and inform them that you have now applied for a new application which you want to be a variation of the pending application. ALL the fees paid for that ILR application should be refunded to you later

Thank you very much

one last question.

Can I request home office to consider this same application for FLR in case I do not qualify? It will save a lot of time and hassle? I know i will have paid ILR fee instead of FLR but I would rather do that then start over and application will still be in priority otherwise it could be that I will struggle to prove right of work as it has happened in past when home office took 10 months to decide one of my previous application.

I have a friend who applied ILR last year and it was rejected but he was given 30 months extension on the same application for settlement.

What I have received is totally unexpected thats why I mentioned it as a strange response.

Thanks once again for your help.

I would say yes as long as you meet the requirements in paragraph R-LTRPT.1.1.(a), (b) and (d) for limited leave to remain as a parent. Here what the rules tell you:

D-ILRPT.1.3. If the applicant does not meet all the eligibility requirements for indefinite leave to remain as a parent, and does not qualify for further limited leave to remain under paragraph D-ILRPT.1.2., the application will be refused, unless the applicant meets the requirements in paragraph R-LTRPT.1.1.(a), (b) and (d) for limited leave to remain as a parent. Where they do, and subject to compliance with any requirement notified under paragraph GEN.1.15.(b), the applicant will be granted further limited leave to remain as a parent for a period not exceeding 30 months under paragraph D-LTRPT.1.2. and subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.

Section R-LTRPT: Requirements for limited leave to remain as a parent
R-LTRPT.1.1. The requirements to be met for limited leave to remain as a parent are-

(a) the applicant and the child must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a parent or partner; and either
(c)
(i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets all of the requirements of Section ELTRPT: Eligibility for leave to remain as a parent, or
(d)
(i) the applicant must not fall for refusal under S-LTR: Suitability leave to remain; and
(ii) the applicant meets the requirements of paragraphs E-LTRPT.2.2-2.4. and E-LTRPT.3.1-3.2.; and
(iii) paragraph EX.1. applies.

https://www.gov.uk/guidance/immigration ... ly-members

Thanks Zimba for taking time to answer my questions.

I really appreciate that.

Thank you

I will update how things went soon.

I replied to home office email on Monday morning. Still no response. If they do not respond within 14 days of time frame given the 14 days time frame, will they make a decesion under the wrong category for which they have sent me the email? Should I be worried and lodge a fresh application or wait for them to come back to me? I still have leave till Jan 2022.

I have asked them to review the application category as application clearly mentions ILR under parent route not partner route. Also asked them to respond if they will consider application under correct category mentioned in my application.

How long do they take to respond? Any idea?

I cannot tell you how and when they will respond. As I showed you under the rules they should offer to extend your leave under the parent route unless you do not qualify. Otherwise, it can be refused. My suggestion as you see above was variation to FLR(FP)

Yes but at the moment my applicationnis under consideration on partner route which is incorrect as application clearly says parent route.

Will they acknowledge the mistake or continue with what they said earlier? have u come accross this type of situation? this is my main question for now.

Thanks Zimba