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My solicitors and I messed up my second period application and I finished up with permission on the ten year route so we went back and did another on the five year route. I have applied for ILR but am about to get refused as they say:
However, we note from your immigration history that you have not completed enough time on the Appendix FM route. You were initially granted entry clearance on a Spouse 5 Year Route Visa from 11 February 2015 to 11 November 2017. You then applied for Leave to Remain on the 04 September 2017 and were granted Leave to Remain on the 27 October 2017 until the 25 May 2020 on the Appendix FM Family and Private 10 year route. Following this you applied on the 03 December 2017 and were granted Further Leave to Remain on the Appendix FM Spouse 5 Year Route from 15 January 2018 until 12 August 2020. As such were your application to proceed it is highly unlikely that the application for settlement would succeed and result in a grant of Indefinite Leave to Remain. (ILR)
Is anyone clever enough to work out when I can apply?

By switching back to the 5 year route,your 5 year clock for ilr has reset to zero. You don't qualify for ilr as you need 5 years on the current 5 year route.

Thanks and noted. But why was the period granted linked to the end of the first 5 year route period?
If they intended to set the clock to zero they should have given a period of 33 months ending 15th October 2020. Instead they made it 33 months from 12th November 2017. Either they intended the periods to be successive, or they made a mistake? If a mistake they have deprived us of 2 months?

Olbla wrote: ↑

Wed Feb 19, 2020 9:32 am

Thanks and noted. But why was the period granted linked to the end of the first 5 year route period?
If they intended to set the clock to zero they should have given a period of 33 months ending 15th October 2020. Instead they made it 33 months from 12th November 2017. Either they intended the periods to be successive, or they made a mistake? If a mistake they have deprived us of 2 months?

Applications within the UK are NOT for 33 months. They are for 2.5 years plus a maximum of 28 days extra.

Thank You. Very clear after we have had lots of very unclear advice. We were misled, now all the effort wasted, and the grade 5 English test will expire.
So we will have to apply for FLR in June but the English test A2.1, Grade 3 was passed 22nd September 2016 so will that have to be taken again? It was used when they dumped me back the Family route and I can see that if used before it can still be used again but it is not clear whether it has to be used for the same class of visa.

FLR(M) and ILR need SELT at B1

Thank you. But I have been pushed back to start again so that I have nearly done the first 30 months (again), and will need to apply for FLR. The point was I have got ahead on the English and wanted to know whether I would have to do them again. I did A1 on 16th September 2014, A2.1 on 22nd September 2016 and B1 on 25th January 2019, Are you saying I can use the B.1 for FLR coming up shortly, please? Last time I did the (failed) FLR I used the A2.1 but it is now out of date.

If you have B1, it is enough as it is higher than A1

Thanks. Happy for this to be closed now.