ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

URGENT HELP NEEDED - indefinite leave to remain under Appendix FM

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
BletchleyAGR
Newly Registered
Posts: 2
Joined: Sun Jul 03, 2022 12:10 am
India

URGENT HELP NEEDED - indefinite leave to remain under Appendix FM

Post by BletchleyAGR » Sun Jul 03, 2022 12:38 am

Hello,

I applied for ILR via the spousal route and in February and i received an answer on 10th June that i am not eligible for ILR as i need at least 60 months under D-LTRP.1.1, or 120 months of leave under D-LTRP.1.2, as stated in section E-ILRP.1.3 of Appendix FM.
They then gave detail of my immigration detail which was incorrect and said that if I were to proceed with my application for ILR, it is highly unlikely that the application for settlement would succeed and result in a grant of ILR.
However, they are satisfied that I may be eligible for limited leave to remain of 30 months on the basis of D-LTRP.1.1 or D-LTRP.1.2. of Appendix FM of the Immigration Rules, subject to me satisfying all the necessary requirements. They wee offering me opportunity (with my consent) to vary my application to FLRM and treat as an application for limited leave to remain. Any outstanding fees will be refunded.

To this I replied that I was in the country for 12 years and was on my husband's dependent since 2015
i was under PBS dependent leave to remain from 2015 to 2018, then under PBS dependent leave to remain from 2018 to 2019 and then Spousal partner leave to remain from 2019 to 2022(my husband got his ILR in 2019). i applied in January as a dependent to my husband's settlement visa. I came to the UK in June 2010 but did not apply for 10 year route due to covid and additional documents and thought applying through the spousal visa route would be easier.

Now they have replied back on 22nd June as below:

Thank you for your application for Indefinite leave to remain dated Date. Your application has been made under the partner route of Appendix FM within the Immigration rules.

In order to qualify for indefinite leave to remain under Appendix FM you are required to complete either at least 60 months or 120 months of leave under this route, As stated in section E-ILRP.1.3 of Appendix FM below:
E-ILRP.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 partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.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 partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.;
or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii).

Accordingly, we would like to give you the opportunity to review your application.

You may find the following links from the Gov.​uk website helpful, which in no way is intended as advice and I do urge you to consult with an accredited Immigration Adviser to discuss this email and your options if you feel necessary:

https://www.gov.uk/find-an-immigration-adviser
Indefinite leave to remain if you’ve been in the UK for 10 years (long residence) – GOV.​UK (www.gov.uk)
If after you have reviewed the application you would like to submit a fresh application under the Long Residence route, please advise us of the decision within 14 days of the date of this email.
Once you have notified us that a new application has been submitted, before processing your refund of application fees minus an administration fee of £25.


I have to give them a reply asap if i want to change my application to 10 year route, is it advisable to re-apply with the 10 year route or should i stick to my initial spousal route? Please could you help as this is causing me unexpected stress and anxiousness now, especially after waiting for more than 6 months for a response from UKVI!!

Best wishes,
G

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: URGENT HELP NEEDED - indefinite leave to remain under Appendix FM

Post by vinny » Sun Jul 03, 2022 1:41 am

If you have been in the country lawfully for at least 10 continuous years, etc., then you may vary to SET(LR) under Long residence. Else, vary as advised on FLR(M).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

BletchleyAGR
Newly Registered
Posts: 2
Joined: Sun Jul 03, 2022 12:10 am
India

Re: URGENT HELP NEEDED - indefinite leave to remain under Appendix FM

Post by BletchleyAGR » Sun Jul 03, 2022 1:54 am

Thank you for your swift reply.
So you are saying i should re-apply via the 10 year route for ILR? Is there no way i can go via the 5 year spousal route?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: URGENT HELP NEEDED - indefinite leave to remain under Appendix FM

Post by vinny » Sun Jul 03, 2022 1:57 am

You are ineligible for SET(M) under the rules, as advised. FLR(M) is continuing on spouse five year route. However, if eligible for Indefinite leave under SET(LR), then why apply for limited leave under FLR(M)?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Locked