SET(M) is refused due to not having spend enough lawful time

I made the application in February for ILR under 5 year route spouse visa (fmlr). However, received email from home office stating I don't qualify as I don't spend enough 60 months of time under fmlr. Home office is offering to very the application to another extension under fmlr. I spend nearly 70 months under fmlr. First 30 months of fmlr competed successfully with just 36 days outside of UK. Further leave to remain received successfully but during lockdown I made a silly mistake and apply for DDV concession visa which was issued but within 15 days I asked the home office to cancel that DDV concession visa and put me back on my current spousal visa as the relationship all settled back to normal. I never applied for SET DV ILR l. But home office asked to make a new application for further leave to remain as a spouse which I did and recieved it successfully. So after nearly 70 months of residence under fmlr all combined before and after DDV visa I applied for ILR but they are counting the clock after DDV visa. Nowhere I found information that temporary visa in-between the fmlr route would disregard the previous accumulated months.

So my question is- what my chances are to challenge it and win the case taking into account that it happened during lockdown and I realised my mistake and contacted home office within 15 days to reinstate current visa which they refused. But I made another extension and overall lived under this category for nearly 70 months.

You cannot bargain your way out of immigration rules and procedures. You switched to a different route by mistake and then had to switch back to the family route again. This resets your ILR clock to zero, so you need 60 months from that point onwards for ILR. Also note that if you accept the current UKVI visa offer, they will put you under the 10-year route. I suggest withdrawing your ILR and applying using FLR(M) again under the 5-year route.

zimba wrote: ↑

Fri Mar 31, 2023 8:58 am

You cannot bargain your way out of immigration rules and procedures. You switched to a different route by mistake and then had to switch back to the family route again. This resets your ILR clock to zero, so you need 60 months from that point onwards for ILR. Also note that if you accept the current UKVI visa offer, they will put you under the 10-year route. I suggest withdrawing your ILR and applying using FLR(M) again under the 5-year route.

OP has stated ukvi offering an FLR M extension, not FLR FP.

In my experience, all extensions offered are under the 10-year route. Also given that the FLR(M) is simply the name of the form not the provisions of the rules, I suspect UKVI never mentioned it. If it was me, I would only agree to an offer of a visa if it clearly stated the provisions of the 5-year route

Nowhere I found information that temporary visa in-between the fmlr route would disregard the previous accumulated months.

Different visas categories have different immigration rules relevant to each category. For ILR on form Set M, you require 60 months continuously under the FLR M visa immigration rules. Any other visa switch, however short it was or in error, and then switching back to FLR M resets your ILR clock to zero.

That was a very costly mistake you made.

Can you post rhe wording of the ukvi email taking out personal information. You need to be sure they are offering an extension under the correct rules.