Hi guys my wife has been granted indefinite

My wife application indefinite leave to remain refused as she completed 5 years 15 October 2015 her immigration history she enter UK on spouse visa from 15 October 2014 to 15 October 2017 then she made application as spouse the extension 4 April 2017 she was granted under 10 year family route 15 August 2017 due to not meeting english requirement as we send A1certificate as we was advice by solicitors do a2 then apply again we did and she was granted 5 year route 11 October 2017 to 11 April 2020 then 22 October we made set m application which refused 25 October 2019 and offer her to pay IHS fees £1000 and accept 30 month limited leave to remain with 10 days but her spouse visa still valid 11 October 2020 what we do now

Don’t pay the IHS surcharge as ur spouse has valid leave.
You were advised earlier that it would fall for refusal as the 5 year clock was reset.
Do make a formal complaint to home office.
This application should not have been decided.

Thanks aman how can I make complain also they give my wife 10 days to pay if we ignore the letter and apply in March 2020 her visa expiring 11october 2020 also what if we don't pay them

Sorry visa expired on 11 April 2020

she still have valid spouse visa till 11 April 2020 can we ignore the letter and apply in March extension as spouse also can she travel would it be a problem with the current live we booked ticked in December

Sohail222 wrote: ↑

Wed Oct 30, 2019 10:30 am

Yes you can ignore this and travel without fear as she has extant leave.
You should definitely complain from the beginning to the end as it’s turned out to be very costly for you. This whole process is very overwhelming and not everyone has knowledge of such forums.
An opportunity could have been afforded to provide correct English Lang doc instead of putting her on 10 year route.
On the five year route you should have atleast been allowed to add the entry clearance time.
Since she was not eligible for ILR at this point, the caseworker could have return the application or asked you what you wanted to do with it.
State the amount of money you have spent to date on lawyers n HO fees and the considerable mental stress you’ve been through..
So they should either grant your wife ILR by virtue of living in the UK 60 months or atleast refund you the ILR fee.
It may or may not help but at least you gave feedback for them to improve on their services.

Hi aman thank you so much for the reply as at the moment me and my wife is very stress she gone into depression because all this stress could u please help me and draft a letter of complain I would be very grateful to u if u need any date anything please let me know.

Sure.

Thanks aman it will a great help for me I m very thankful

Hi aman could you please draft letter many thanks

Sohail222 wrote: ↑

Thu Oct 31, 2019 4:46 am

Hi aman could you please draft letter many thanks

Does the refusal letter allow an appeal or a reconsideration?

Hi aman the refusal letter says a failure to pay Immigration healthsure charge will mean your application limited leve to remain will be treated invalid. We will not be able to grant you limited live to remain and your application fees not be refunded. You will not be able to appeal this decision and you may be liable for removal from the uk...

Your application has been considered limited live to remain under the immigration rules including the partner route continued within appendix FM. As you have parantal responsibility with children who are British citizens we are satisfied that you would meet the requirements of paragraphs R-LTRP.1.1 (a) (b) and (d) if appendix FM (10 year route) because of your family life. Once you have paid the IHS your application will be treated as a vaild application for limited leave to remain and you will be granted 30 months limited leave to remain in the uk

As you have been only previously Been granted 30 spouse under paragraph D-LTRP.1.1 you fail to meet the requirements of E-ILRP.1.3 of Appeindex FM in order to qualify for settlement you must have completed a continuous period of at less 60 months in the route that you were last granted under. Although you enter the uk as spouse you were later granted leave to remain on the basis of your family and private life (10 year route then you were put back to 5 year route. The 5 year route need to be completed continuously.

Sohail222 wrote: ↑

Wed Oct 30, 2019 9:49 am

My wife application indefinite leave to remain refused as she completed 5 years 15 October 2015 her immigration history she enter UK on spouse visa from 15 October 2014 to 15 October 2017 then she made application as spouse the extension 4 April 2017 she was granted under 10 year family route 15 August 2017 due to not meeting english requirement as we send A1certificate as we was advice by solicitors do a2 then apply again we did and she was granted 5 year route 11 October 2017 to 11 April 2020 then 22 October we made set m application which refused 25 October 2019 and offer her to pay IHS fees £1000 and accept 30 month limited leave to remain with 10 days but her spouse visa still valid 11 October 2020 what we do now

Sohail222 wrote: ↑

Thu Oct 31, 2019 1:16 pm

As you have been only previously Been granted 30 spouse under paragraph D-LTRP.1.1 you fail to meet the requirements of E-ILRP.1.3 of Appeindex FM in order to qualify for settlement you must have completed a continuous period of at less 60 months in the route that you were last granted under. Although you enter the uk as spouse you were later granted leave to remain on the basis of your family and private life (10 year route then you were put back to 5 year route. The 5 year route need to be completed continuously.

The refusal is correct.

You went from the 5 year route initially, then to the 10 year route and then you switched back to the 5 year route on 11 October 2017. This means ILR based on the 5 year route can only be applied for in 2022, once you have 60 months continuous residence under the 5 year route rules.

You cannot combine the 10 year route time and the 5 year route time to make up the qualifying time for ILR on Set(M) 5 years residence. There is a reason you cannot and that is because the 10 year route and 5 year route have different rules.

The 10 year route was given us because we send them a1 English test instead of AS the guidence version 2016 stated at the time of application you can still use a1 certificate if it was accepted as per of previous application and in their guidance it says if u sat in the test before 2015 you do not have a welt electronic number so u can still attach a1 my wife sit on a1 on 2013 so according to their guidance note and the application form we fill clearly stated if u sit before 2015 in a1 so it will accepted we never fill fp application we meet income requirement etc

You should have challenged HO back in 2017 then. A bit late now.

We was not given appeal right more on when we received dicision within one month Solictor advice is to do A2 test and apply again so within one month we pay the feees and going to same day premium service to get the visa and they granted we was put back on partner route and the letter never stated our clock is reset this is misleading they should inform application your time start from 0 how do we know that no policy or rules or guidance tell this we this we have apply biz our time period of 5 years was completed so we apply I I m so stressed they could have given us our dees back it was not our fault.

the letter never stated our clock is reset this is misleading they should inform application your time start from 0 how do we know that no policy or rules or guidance tell this we this we have apply biz our time period of 5 years was completed

The letter would have stated under what rules you were granted the visa. As you used a solicitor, they should have explained this to you as well as the immigration rules are very clear on this point.

so we apply I I m so stressed they could have given us our dees back it was not our fault.

You don't get your fees back if an application is refused. It is always the applicants responsibility to make sure they meet the requirements of the application they are making.

My wife leave still valid until 11th April 2020 can she apply second extension in March what date can she apply for FLRM CR001

Sohail222 wrote: ↑

Thu Oct 31, 2019 2:35 pm

My wife leave still valid until 11th April 2020 can she apply second extension in March what date can she apply for FLRM CR001

Yes

Hello aman no home office did not give us right to appeal or reconsideration will u draft the letter please so i can complain as i m so tense

Sohail222 wrote: ↑

Thu Oct 31, 2019 7:02 pm

Hello aman no home office did not give us right to appeal or reconsideration will u draft the letter please so i can complain as i m so tense

Members are not professionals to draft letters for you. We are all unpaid volunteers.

There is no point complaining about the ilr refusal as the residual is correct. You do not have 60 months continuous residence on the 5 year route under appendix FM.

Hi members my wife have been granted indefinite leave to remain god is great after I received refusal I was so worried what gonna happen the Solictore we used before was playing dirty games they are after my money after we got refused they don’t want to help us so we decided to change solictore we found top Solictor base in c .London I know they charged hourly rate but the outcome was amazing got my wife indefinite leave approved I know good Solictor can represent well draft letter to the home office

Sohail222 wrote: ↑

Tue Dec 10, 2019 8:28 pm

Hi members my wife have been granted indefinite leave to remain god is great after I received refusal I was so worried what gonna happen the Solictore we used before was playing dirty games they are after my money after we got refused they don’t want to help us so we decided to change solictore we found top Solictor base in c .London I know they charged hourly rate but the outcome was amazing got my wife indefinite leave approved I know good Solictor can represent well draft letter to the home office

Oh that’s brilliant!
Can you share the process. When and where did you send the letter and to whom?
Please share the draft without personal details.
If you don’t mind my asking how much did you pay?