ILR I screwed up-my last extension type. This time I'm 2.5 years early and thought I was at 10 year mark
Posted: Tue Apr 23, 2024 7:05 pm
Hi and thanks for taking the time to read my plight.
So I have recently applied for ILR/Settlement and the H.O. emailed me saying that my last application was an M not a FP as it should have been, and I have 14 days to do something about it. ALSO I thought it was my settlement ILR app time. I filled out the wrong application this time as well. I thought I was at the 10 year mark for ILR and I wasn't, I had 1 more extension to go
Here is the email:
"We are considering your application and need further information from you. You have applied for Settlement Family Life on the basis of having completed 10 years residency as a partner. Your most recent grant 18 June 2021 was on the FLR M route was based on 5 years. The FLR M route can lead to ILR after 5 years.
You would not meet the requirements for Settlement (ILR) on the 10 year route (Your first grant was on 22 April 2015). Please consider whether you wish to proceed with your current application or whether you would like to vary this application. You may want to seek independent immigration advice.
If you do decide to vary your application, you will need to pay a fee for the new application and you will then receive a refund of the fee for your application on the basis of your Private Life.
We will hold your current application for indefinite leave to remain on the basis of your Private Life for 14 days from the date of this notice.
If you would like to vary this application, you should submit a new application and we will treat that as a variation and decide that application instead of your application for indefinite leave to remain on the basis of your Private Life.
If we have not received a new application from you by 07 May 2024, your application for indefinite leave to remain on the basis of your Private Life will be rejected."
OK so to make it clear, This was at the time it could be done for the first time by the applicant online. Not knowing what route to apply for without the help of a solicitor like before, during lockdown, led me to call the home office help line and the woman insisted I needed the flr M route, though I didn't need to change my circumstances and everything was the same. In 2021 I submitted the flr M. It was approved. So idiot me, last January 2024, thought I was at the final ILR/settlement stage, I was wrong. I thought I started in 2011, I was wrong it was in 2015. I have a terminal disease and bad memory loss. Basically my settlement application should have been a flr FP, and the previous application should have been a FP but was decided as an M. It's all messed up. I'm skint, I already sold everything I own for the settlement fee. If I have to re apply that's the FP or M (not sure what) fee and the nhs surcharge after paying 2,885. and FP is 1,044 plus nhs 2,600, it will be impossible. I've been here since 2011 and had to go to court twice just to win the chance of a 10 year route. that took 4 years. I'll seek help from CAB but I doubt they will help me like I need. I'll look for a solicitor that can take a payment plan perhaps if they do that. What do you think is the next best step for me? It is too bad you can't talk to someone in the home office and explain everything, they would understand, but you cannot. I'm alone in this, I'm scared, and it's having an adverse effect on my mind. All your wisdom is appreciated ahead of time.
So I have recently applied for ILR/Settlement and the H.O. emailed me saying that my last application was an M not a FP as it should have been, and I have 14 days to do something about it. ALSO I thought it was my settlement ILR app time. I filled out the wrong application this time as well. I thought I was at the 10 year mark for ILR and I wasn't, I had 1 more extension to go
Here is the email:
"We are considering your application and need further information from you. You have applied for Settlement Family Life on the basis of having completed 10 years residency as a partner. Your most recent grant 18 June 2021 was on the FLR M route was based on 5 years. The FLR M route can lead to ILR after 5 years.
You would not meet the requirements for Settlement (ILR) on the 10 year route (Your first grant was on 22 April 2015). Please consider whether you wish to proceed with your current application or whether you would like to vary this application. You may want to seek independent immigration advice.
If you do decide to vary your application, you will need to pay a fee for the new application and you will then receive a refund of the fee for your application on the basis of your Private Life.
We will hold your current application for indefinite leave to remain on the basis of your Private Life for 14 days from the date of this notice.
If you would like to vary this application, you should submit a new application and we will treat that as a variation and decide that application instead of your application for indefinite leave to remain on the basis of your Private Life.
If we have not received a new application from you by 07 May 2024, your application for indefinite leave to remain on the basis of your Private Life will be rejected."
OK so to make it clear, This was at the time it could be done for the first time by the applicant online. Not knowing what route to apply for without the help of a solicitor like before, during lockdown, led me to call the home office help line and the woman insisted I needed the flr M route, though I didn't need to change my circumstances and everything was the same. In 2021 I submitted the flr M. It was approved. So idiot me, last January 2024, thought I was at the final ILR/settlement stage, I was wrong. I thought I started in 2011, I was wrong it was in 2015. I have a terminal disease and bad memory loss. Basically my settlement application should have been a flr FP, and the previous application should have been a FP but was decided as an M. It's all messed up. I'm skint, I already sold everything I own for the settlement fee. If I have to re apply that's the FP or M (not sure what) fee and the nhs surcharge after paying 2,885. and FP is 1,044 plus nhs 2,600, it will be impossible. I've been here since 2011 and had to go to court twice just to win the chance of a 10 year route. that took 4 years. I'll seek help from CAB but I doubt they will help me like I need. I'll look for a solicitor that can take a payment plan perhaps if they do that. What do you think is the next best step for me? It is too bad you can't talk to someone in the home office and explain everything, they would understand, but you cannot. I'm alone in this, I'm scared, and it's having an adverse effect on my mind. All your wisdom is appreciated ahead of time.