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engmech06
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by engmech06 » Mon Sep 23, 2019 6:46 pm
Hi
Please any one could advise
I came here in 2015 on teir 4 Student visa
Then i granted in 2017 2.5 based on 5 years route Flr m based on cash saving
Now I applied for extension 2.5 also based on cash saving but i granted 2.5 on 10 years route because I didn’t meet the financial requirements as some of the cash savings was less than 6 month because i was saving it in my mom account until i told her to give it back to me as I’m here in uk and the money in my original country once I applied the money in my uk account 50000 and the other recent account two month 25000£
My question is what is my options if i applied again after 6 month and grant the 5 years back is this will start again or i will only 2.5 as i already spent on 2.5 in 5 years route
Thanks
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seagul
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by seagul » Mon Sep 23, 2019 7:45 pm
Because you couldnt meet the financial requirement therefore you are correctly transferred into flrfp 10 years of route. You can switch back to 5 years of route whenever you will be ready to fulfill the financial requirement but unfortunately your clock towards ILR now reset to zero although you may qualify for ILR by maintaining 10 years of legal residence if that route will remain active by that time.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.
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engmech06
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by engmech06 » Mon Sep 23, 2019 7:50 pm
Thanks for your reply
But its only the period otherwise the money is there i tried to read the guide i found some exceptional circumstances but I don’t know how to deal with this problem it’s really unfair
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seagul
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by seagul » Mon Sep 23, 2019 7:53 pm
engmech06 wrote: ↑Mon Sep 23, 2019 7:50 pm
Thanks for your reply
But its only the period otherwise the money is there i tried to read the guide i found some exceptional circumstances but I don’t know how to deal with this problem it’s really unfair
UKVI caseworker excercise no discretion if financial requirement as defined in guidance doesn't get fulfilled. If you were using cash savings route then these funds must have been kept under either of you partner's name or jointly possessed them from at least 6 months. Also the required funds of £62500 must never been dropped even a single day during the last 6 months.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.
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engmech06
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by engmech06 » Mon Sep 23, 2019 8:01 pm
So thankful just one last question
The 2.5 on the 5 years route that i already done it will be counted on the 10 years route or also i need to do 10 years again
Thanks
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seagul
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by seagul » Mon Sep 23, 2019 8:10 pm
engmech06 wrote: ↑Mon Sep 23, 2019 8:01 pm
So thankful just one last question
The 2.5 on the 5 years route that i already done it will be counted on the 10 years route or also i need to do 10 years again
Thanks
Yes it will but for long residence route only but not for flrfp route (the one you have now).
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.
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engmech06
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by engmech06 » Mon Sep 23, 2019 10:37 pm
Thanks again
Its not good information to know
What about the ihs charge i need to pay it even i already paid it for the visa (10 years just grant)
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seagul
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by seagul » Mon Sep 23, 2019 10:46 pm
engmech06 wrote: ↑Mon Sep 23, 2019 10:37 pm
Thanks again
Its not good information to know
What about the ihs charge i need to pay it even i already paid it for the visa (10 years just grant)
Yes you have to continue to pay it on each new extension (even you working in NHS or thinking that you are paying NI contribution) until you qualify for ILR.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.
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engmech06
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by engmech06 » Mon Sep 23, 2019 10:53 pm
Getting this right
Lets say i applied for flr m 5 years again and i grant it 2.5 just 4 months after the decision
Then i tried to apply for ilr because i already finished 2.5 before
Is should be ok for ilr 5 years because it doesn’t say anywhere it will be resit to zero for that route
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seagul
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by seagul » Mon Sep 23, 2019 11:24 pm
engmech06 wrote: ↑Mon Sep 23, 2019 10:53 pm
Getting this right
Lets say i applied for flr m 5 years again and i grant it 2.5 just 4 months after the decision
Then i tried to apply for ilr because i already finished 2.5 before
Is should be ok for ilr 5 years because it doesn’t say anywhere it will be resit to zero for that route
There are several threads about same topics with same reply. If your previous spouse visa under 5 years of route has now been expired and you have been given flrfp under 10 years of route then your 5 yearly clock towards ILR has been set to zero. Otherwise if you still had the remaining time on previous visa then you can decline HO offer of flrfp visa rather can re-apply with correct financial documents to keep continue under same route.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.
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engmech06
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by engmech06 » Mon Sep 23, 2019 11:33 pm
Yes i have time until the end of this month how i can decline it
Please advise urgently
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engmech06
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by engmech06 » Mon Sep 23, 2019 11:38 pm
I still have a valid until 30-09-2019
Which is 5 days
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seagul
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by seagul » Mon Sep 23, 2019 11:39 pm
engmech06 wrote: ↑Mon Sep 23, 2019 11:33 pm
Yes i have time until the end of this month how i can decline it
Please advise urgently
By reapplying only if you can meet the financial requirement.
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engmech06
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by engmech06 » Tue Sep 24, 2019 12:40 am
I understand which is impossible thanks for clearing things
It’s really not fair ok if I didn’t meet the requirements extend my route but don’t reset it
It will be even difficult if the long Residence rule change