Urgent: Issues with ILR as a dependent

Hello

I need immigration advice. I have attempted to speak with over 8 immigration solicitors and non are able to assist which is disappointing. All I hear is repeatedly you made a mistake and it won't matter to Home Office as they are rigid.

This is the situation:
1. I had Dependent of Tier 2 Visas PBS Mar 2015 -Jun 2019 4 yrs 2 months.
2. Aug 2018: My husband got ILR through Tier 2 General route
3. May 2019 I Applied as partner of a settled person thinking my 5 yrs will be maintained and would reach 5 yrs on 17 Mar 2020.
4. 24 Feb 2020 Set O application Voided as Home Office said wrong form.
5. 4 Mar 2029: Set M application withdrawn as Home Office said highly unlikely it will be successful as my visa as a partner of a settled person valid from Jun 2019 - Dec 2021.
6. 5 Mar 2020: realised I applied in the wrong route back in May 2019 as partner of a settled person instead of dependent partner of a tier 2 holder.
7. 10 Mar 2020. Read alot on the website and thought reconsideration might be a possible solution. Preparing case for Reconsideration of my May 2019 application as Dependent partner of Tier 2 instead of partner of a settled person.
8. Implications of the wrong visa sets me back by over £8 000 of new visa and IHS fees, delay in obtaining citizenship by 4.5 yrs and undue stress.

To date I have spent over £5500 in applications the last 5 years and Home Office witheld almost £1000 from my application fees for Set O and Set M.

Want to apply for ILR considering I have been a partner of a British person who settled through Tier 2 Visa route irrespective of me having a visa now as a partner of a settled person. I have lived in the UK in the last 5 yrs.

What are my rights and options?

I shouldn't be punished for this. It seems like a simple solution but no one wants to help. I have put together a portfolio of evidence for reconsideration under exceptional reasons as its past the 14 Day SLA from decision, which I am forced to submit on my own. Solicitors have no faith and they just want to charge. My reconsideration request is 40 pages long with 10 pages forming my argument, case and 5 pages of witness statement from me and my husband and the rest supporting documents all I believe in line with the Gov Guidence on reconsideration.

I want help from someone who believes I don't need to reset my time like an alarm clock and wants to challenge the system. It's not fair I'm human and made a mistake.

Please only comment if you have possible solution. I have had enough people say I have no hope.

Kind regards

Konlish.

I need immigration advice. I have attempted to speak with over 8 immigration solicitors and non are able to assist which is disappointing.

You are throwing money at this.

I think you need to stop chasing that past mistake.

My reconsideration request is 40 pages long with 10 pages forming my argument, case and 5 pages of witness statement

This is not a criminal proceeding with a judge, jury and stuff.

It's just an administrative application and you either tick the boxes or not.

Don't take these things too personal. Nobody is going to read a 55-page reconsideration. You are just destroying your health and finances over that.

The important questions are:

- What's your status now?
- Do you have a leave? When does it expire?
- What is your option to renew/extend?

Hello

Answers to your questions are already in my post.

My point is I don't want to wait another 4.5 years to apply for ILR. When I should have been elegible now.

How do I fix this?

If you don't have a solution rather not critise thanks.

Hi

As per the immigration rules, the clock is reset when you switch from tier 2 (g) dependent to spouse visa. I 'm sure you know this and have got the same message. You will have to wait till you complete 5 years on this visa rather than looking for ways out of desperation because there isn't one.

Konlish wrote: ↑

Tue Mar 24, 2020 9:16 pm

Hello

Answers to your questions are already in my post.

My point is I don't want to wait another 4.5 years to apply for ILR. When I should have been elegible now.

How do I fix this?

If you don't have a solution rather not critise thanks.

E-ILRP.1.3. prevents SET(M) prior to completing 5 years as a spouse of a settled person. Alternatively, switch back?

E-ILRP.1.3. prevents SET(M) prior to completing 5 years as a spouse of a settled person. Alternatively, switch back?
[/quote]

Hi Vinny

Thanks for the reply.
I have already been on a Partner of a settled person visa the last 10 months. What does switching back to a Tier 2 dependent Partner mean to me? How will this benefit me.
1. Will I reset my clock again? (I don't want to cause further issues)
2. Can I use the 4 yrs 2 months I had a Tier 2 Partner Visa Mar 2015-June 2019 towards my time for ILR under Set O? Does it just mean I have to have this new Tier 2 dependent visa for another 10 months before I can apply for Set O ILR?
3. How will my time under partner of a settled person be treated when Applying for Set O ILR? Is this considered a gap in my 5 years?

vinny wrote: ↑

Thu Apr 16, 2020 12:28 am

E-ILRP.1.3. prevents SET(M) prior to completing 5 years as a spouse of a settled person. Alternatively, switch back?

Hi Vinny

Thanks for the reply.
I have already been on a Partner of a settled person visa the last 10 months. What does switching back to a Tier 2 dependent Partner mean to me? How will this benefit me.
1. Will I reset my clock again? (I don't want to cause further issues)
2. Can I use the 4 yrs 2 months I had a Tier 2 Partner Visa Mar 2015-June 2019 towards my time for ILR under Set O? Does it just mean I have to have this new Tier 2 dependent visa for another 10 months before I can apply for Set O ILR?
3. How will my time under partner of a settled person be treated when Applying for Set O ILR? Is this considered a gap in my 5 years?

How come none of the solicitors even suggested this as an option? I struggled to get any positive feedback from the 8 or so solicitors I spoke too. I got I don't meet set O ILR rules now as I'm on a partner of a settled person visa now and I don't meet Set M rules as my time is just 10 months. Dispite asking them how can I rectify this, they all just say it's not possible. It's cruel to just think us as a game where a clock is reset. I should be helped to fix this not penalised for it.

What do you think about my reconsideration request for my application made in Jun 2019 for a settled person be reconsidered as an application for a tier 2 Dependent? It passes the 2 week period I know. 10 months. But I went with the basis that it came to my knowledge and 2 weeks from them I attempted to rectify it.