zimba wrote: ↑Tue Apr 16, 2024 1:09 pm
Yes, you should input the previous incorrect SET(M) application number. Any refund will be given probably after the new SET(O) application is decided
Hi below is the initial response I received.
I hope this means I need to make new application under set O. Just for confirmation before I make another stupid mistake. Thank you in advance.
We are writing to you regarding your application for indefinite leave to remain made on 16 March 2024 under the reference above.
You have submitted an indefinite leave to remain application as the spouse of a settled person, this application will be assessed under Appendix FM (5-year route) of the Immigration Rules.
Having assessed your immigration history, the Home Office has deemed the application you have submitted as incorrect.
In order to qualify for indefinite leave to remain under Appendix FM you are required to complete either at least 60 months under this route, As stated in section E-ILRP.1.3 of Appendix FM below:
E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
1. (a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
2. (b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
3. (c) a combination of leave under (a) and (b).
(1A) In respect of an application falling within subparagraph (1) above, the applicant must meet all the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c), (d) or (e) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) disregard the words “2.5 times”).
Please see your immigration history below:
• On 21 December 2018 you applied for Tier 2 Partner – Leave to Enter (LTE). This was granted Tier 2 Partner – LTE.
• On 10 May 2021 you applied for Tier 2 SW – General Migrant. This was changed to Tier 2 – Dependant LTE and granted under Tier 2 – Dependant from 28 May 2021 to 12 August 2022.
• On 22 June 2022 you applied for Joiner – Leave To Remain (LTR). This was granted under Joiner – LTR on 13 July 2022 to 25 August 2024.
• On 16 March 2024 you applied for Indefinite Leave to Remain (ILR) as the Spouse/Partner of R Razak.
Please note; any previous leave granted under Tier 2 or Joiner, cannot be included in the qualifying period for ILR under E-ILRP.1.3 of Appendix FM, therefore, you have not completed any time under the required period of 60 months under E-ILRP.1.3 of Appendix FM.
As you have not done any time on route under E-ILRP.1.3 of Appendix FM, the Home Office would like to offer you the chance to make another application to extend your leave within the United Kingdom. In order to do this we will need you to resubmit a new application with another team.
