Immigrationboards.com

My immigration History

Sep 2009 - Sep 2011 : Student Visa

Sep 2011 – Aug 2013 : T1 HS Post Study Leave to Remain

Jan 2012 :Married ( Husband visa status that time was High Skilled Migration )

April 2013 : I went to sri Lanka and applied to change my visa status from “T1 HS Post Study Leave to Remain” to Dependent visa of my husband as per solicitors advise and I got T1 ( general ) Partner visa from sri Lanka which expires on Sep 2013 as my Husband High Skilled Migration visa expires on Sep 2013

July 2013 : I retuned to UK with T1 ( general ) Partner visa.

Sep 2013 : My husband got indefinite Leave to Remain

Sep 2013 : I also applied FLR (M) to become Dependent of my partner who got ILR same month but Home office Refused with reason I don’t remember today

I appealed the decision in HM courts & Tribunals Service and got PBS dependent Leave to Remain as per court order in October 2014 which was expired on oct 2017. ( this time i did not realized that it differ from Spouse/Partner Leave to remain because we just applied FLR M form and it took 1 year time)

Oct 2017 : during my visa renewal time, I was under impression that I need to extend my visa for another 2.5 years as I have already completed my first half (2.5 year) of 5 years route visa with PBS dependent Leave to Remain. I thought, after complete my second half (2.5 years), I can apply for ILR, so I filled the form and applied for the visa under Family route and got 2.5 years Spouse/Partner Leave to remain which expires May 2020,

May 2020 : so as per my thought, I was under the impression that I successfully completed 5 years as dependent in 5 years route visa, hence I applied for Indefinitely Leave to remain with SET (O ) form.

Sep 2020 : HO required me to submit my identifications through IDV App (UKVCAS Identity Verification app)

Dec 2020 : Finally I received below email yesterday (see below )

“Thank you for your recent application to settle in the UK on the basis of the five-year partner route.
Your application has been made using a SET(O) application form for Indefinite Leave to Remain, which is considered according to the criteria laid down in Leave Outside the Immigration Rules and Appendix FM 10-year route to settlement of the Immigration rules.

However, we note from your immigration history that you were initially granted leave as a points based dependent and that your last leave granted was 30 months limited leave as a partner under the 5-year route to settlement.

From a review of your immigration history it would appear that you have not completed any time on our route to settlement, as such were your application to proceed it is highly unlikely that it would succeed and result in a grant of Indefinite Leave to Remain or a grant of limited leave under the 5 year partner route to settlement.

Accordingly, we would like to give you the opportunity to review your application. If after you have reviewed your application, you would like to submit a further application on the correct route please advise us as soon as possible.

If you choose not to submit another application or do not reply within 14 days of the date of this email, your application will then be considered using the criteria laid down in Leave Outside the Immigration Rules and Appendix FM 10-year route to settlement of the Immigration rules”

Dear experts, Please advise me which form i need choose for further application on the correct route as per HO email?

what could be best step to go ahead ? I have only left 12 days to respond to HO?

You should have applied for another 2.5 year FLR M visa extension.

You cannot use tier 1 doesn't and for m time together to make 5 years

You need 5 years on FLR m to apply for ILR in form SET M or use form set LR if you meet all the requirements for ilr based on 10 years long residnece with 10 years legal stay.

Your post is unclear to me. However, you can not combine your PBS dep time with spouse visa. You have to complete 60 months (minus 28 days from initial entry in UK or switch date in UK). You applied on a wrong form SET(O).
You can only apply ILR on SET(M).

Edit: Overtaken by CR001.

Thank you CR001for your prompt reply. I really appreciate it.
As per my understating Home office expecting me to make the new FLR (M) application form within 14 days from the date of email.
I kindly request to let me know the right step to follow.
What will happen to my existing form and fee?

KAVI83 wrote: ↑

Wed Dec 02, 2020 6:27 pm

Accordingly, we would like to give you the opportunity to review your application. If after you have reviewed your application, you would like to submit a further application on the correct route please advise us as soon as possible.

If you choose not to submit another application or do not reply within 14 days of the date of this email, your application will then be considered using the criteria laid down in Leave Outside the Immigration Rules and Appendix FM 10-year route to settlement of the Immigration rules”

Dear experts, Please advise me which form i need choose for further application on the correct route as per HO email?

what could be best step to go ahead ? I have only left 12 days to respond to HO?

These are just the silverlinnings of covid19 where the caseworker is so gracious by allowing the chance to submit the correct application. During normal days even without the consent of applicants under same/similar scenarios the application either used to be refused or shifted onto longer route such as flrfp 10 years of route. Therefore, you shouldn't delay in availing this golden chance in making the correct application which will highly likely keep intact of your ILR clock whilst reimbursing the one set of application fee.

CR001 wrote: ↑

Wed Dec 02, 2020 6:34 pm

use form set LR if you meet all the requirements for ilr based on 10 years long residnece with 10 years legal stay.

This is the best idea