Immigrationboards.com

Hi,
Our position is that we have emailed the home office to clarify our current position and get the digital record of what they have. There is a bit of confusion in our timeline due to my neglecting the IHS payment in the FLR (M) application last time.
We currently have a visa, but are now not sure if it is the initial spousal or the FLR as applied for, hence the search for clarification from the UKVI.
It is most likely that we will need an adviser/lawyer to advocate for us, but want to get as much information as possible first, so that we are clear on the path to take and our chances of success.
As with a fair few on these boards, we never received the initial letter telling us of the missing IHS payment. Only learning about it with the second letter (invalid application) and return of the documents.
This letter arrived effectively 14 days after the end of the visa. The payment was made and everything returned to them within a week. We had also phoned them for advice and to discuss the situation, though details of this are not remembered.
11 days after the resent application, another letter arrived (not valid) which i now recall was to do with a signature or two on the wrong sheets. Relating to the pile of sheets at the end of the application that relate to some situations and not others. This was quickly corrected and returned.
10 days after that an immigration bail letter arrived.
18 days after that a visa approval letter arrived, generic, stating that limited leave to remain had been granted. It was not clear as to whether this was the initial or further period.
So, our main concerns are;
Which visa is it?
How can we respond to a letter not received? My wife was checking the post daily, nothing.
Was she an over stayer, or was the new application regarded as a continuation?
How does the bail letter affect the citizenship application?
Do we need to get an immigration lawyer involved?
Richard

Dates -
Initial Visa - 26/3/15 to 26/12/17
Sent application - 2/12/17 Receipt acknowledged
Notice of unpaid IHS? - 14/12/17 (letter not received)
Rejected as invalid - 8/1/18 letter sent. received
IHS paid - 14/1/18
Re applied - 15/1/18. Receipt acknowledged in 23/2 letter
Application not valid 26/1/18 – wrong forms signed, corrected immediately and returned.
Bail letter - 5/2/18
Acceptance letter - 23/2/18 – limited leave to remain, FLR or Initial spousal visa not clear
BRP - 23/2/18 to 23/8/18

Given the 30 month validity of the BRP and the fact that the initial spouse visa application must be made from outside the UK, it would seem the current visa is FLR. If your wife's 2017 visa application was rejected as invalid instead of refused, it is likely she would be considered as overstaying from the expiry of the initial spouse visa as she did not make a valid in-time visa application. The situation is different if the visa application was refused. Additional details in the guidance document below. I don't know this for sure, but I suspect that the period of overstaying would break the 60 months (or 120 months depending on 5 or 10 year route) continuous residence in the UK with leave to remain that would be required to be eligible for ILR so it would seem you would have to apply for FLR(M) again until the relevant requirement was satisfied. Might be worth a chat with an immigration lawyer or advisor due to the complexity of the situation to confirm what your options are.

https://assets.publishing.service.gov.u ... s-v8.0.pdf

Hi Geoeng,

Ok, we thought that as well, but the acceptance states the 60 week, 5 year route. If it had stated the 10 year route we would have been clearer initially and appealled then.
As it is the generic acceptance letter it is unclear though, as it still mentions either flr and ilr as an option for 'future applications'.

Regards,
Richard

The dilemma surrounded to the invalidity of application was revolutionized since the launch of online application where it came almost to an end. Generally, an invalid application never attract section 3C despite being made in timely catalyses a gap between the qualifying period. Besides this, this seems a bit weired as how were you be to proceed with the application without paying the correct amount of IHS because usually the application doesn't progress on that point. Also in another thread at recently that's what I was emphasising on that you need to be always specific as what actually you are applying instead leaving on caseworker to guage for you with a common mistake of by selecting "family" which has several innate options instead simply selecting "settlement" assuming you are intending to obtain extension under 5 years of partner route.
Now only the SAR report can decode your perplexion.

Hi,

New question as opposed to the prev query.

So it now looks likely that it is the ILR my wife will be applying for, but she wants to avoid some of the timing traps that appear to be used by UKVI/UKVCAS.
What is the 28 day rule for applying? Is it possible to apply too early?

Now my wife's initial Visa was 26/3/15 - 26/12/17
Visa Bail,
then FLR 23/02/18 - 23/08/20

When would be the best time to apply for the ILR?

Thanks,
Richard

itsallmyfault wrote: ↑

Mon Jun 22, 2020 3:16 pm

Hi,

New question as opposed to the prev query.

So it now looks likely that it is the ILR my wife will be applying for, but she wants to avoid some of the timing traps that appear to be used by UKVI/UKVCAS.
What is the 28 day rule for applying? Is it possible to apply too early?

Now my wife's initial Visa was 26/3/15 - 26/12/17
Visa Bail,
then FLR 23/02/18 - 23/08/20

When would be the best time to apply for the ILR?

Thanks,
Richard

ILR can be applied after 5 years minus 28 days from the time of entering to UK /switching into spouse visa. But since your application undergone few roundabouts in past leaving no traces as under what route/categories the subsequent extension was granted, therefore, applying ILR without the SAR report will always have the premonition of being failed.

Ok, So.

We received my wife's immigration records. The application was considered on time due to having gotten it in within the time frame after the refusal of the first application.
It mentions that the BRP expiration was extended to August 23.
So the question now is, when would she be eligible to apply?

Also, will the fact that the payment was received in the initial application and that she was put on bail - will that be seen as poor character for her UK citizenship?

Thanks,
Richard

HI Everyone,

We are looking at clarifying a few things before speaking to an adviser next week.

1. Given the Bail extension to the Visa, When Should my wife apply for ILR.
Original Entry to UK 5/5/15 visa extended to 23/8/20.

2. Does Immigration Bail affect either ILR or Citizenship, regarding good character?

3. Do we need to mention the Immigration bail in the cover letter, so we don't get rejected due to lack of disclosure?

4. Does she need to mention an arrest in the cover letter or anywhere else, even though it has been dropped and labelled no further action?

5. For the financial requirement. Whilst I have a job and a letter stating permanent employment, though on Furlough, if I do get made redundant before or during the application, how would that affect the financial status?

6. Is there any special consideration for 5. given the current extraordinary situation?

Thanks,
Cycrik