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Hi all,

I hope somebody can assist me on the right route to apply for ILR as per my immigration history.

I have been in the UK from 2017 till now. As per Immigration records of home office

IMMIGRATION HISTORY
T2 Partner LTE- 10 July 2017 valid to 14 Feb 2019
T2 SW- Dep partner Applying with relatives LTR- 26 Mar 2019 valid to 31 Jan 2022.
T2 SW- Dep partner LTR- 04 Jan 2022 valid to 31 Dec 2024.
PBS -LTR Dep Joiner- from 05 Jun 2024 valid to 04 Jan 2025
BRP Replacement rejected 20 Aug 2024


I had applied for ILR through the route of spouse as a settled person - Appendix FM (5-year route)
I have received a response from HO stating that I do not qualify as I do not meet the criteria and the route that I have applied is incorrect.

I understand that I should not have applied through the FM route, however, I am not sure what should be the right route to apply. Could anyone please guide me on the right route I should be choosing?

As the expiry date is near, I will have to take quick actions to remedy this and apply via the correct route.
Please let me know if you need more details from my end to understand the immigration history

Thanks,
Vidhya

Excerpts from the Response from HO


We are writing to you regarding your application for indefinite leave to remain made on 05 December 2024 under the reference above.

You have submitted an indefinite leave to remain application as the spouse of a settled person, this application will be assessed under Appendix FM (5-year route) of the Immigration Rules.

Having assessed your immigration history, the Home Office has deemed the application you have submitted as incorrect.

In order to qualify for indefinite leave to remain under Appendix FM you are required to complete either at least 60 months under this route, As stated in section E – ILRP.1.3 of Appendix FM below:
E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:

1 (a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or 2. (b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or 3. (c) a combination of leave under (a) and (b).

(1A) In respect of an application falling within subparagraph (1) above, the applicant must meet all the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c), (d) or (e) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) disregard the words “2.5 times”).

Form SET O. You will have to make and pay for a new application.