FLR(M) 5 year route Spouse

[mfarazk85]

Hi everyone,

I applied for my spouse visa extension on 5 year route on 09/03/2018 and her visa was expiring on 10/03/2018. We received the refusal letter in September, we appealed against the decision of Home Office in FTT and won the appeal on 04/03/2019.
Just received the passport and Brp but on the brp the date of issue is 05/03/2019. The 1 year time she spent in Uk during the application getting refused and winning the appeal, will that be count on her 5 year route?
HO already wasted 13 months and now it’s f they don’t consider this time duration when applying for ILR will be very annoying
Kindly advise
Thank you
M kha

[CR001]

if you applied for an extension in time and appealed in time, then the applicant is protected under Section 3C of the immigration rules, which means the previous expired visa conditions continue while in appeal till new visa is granted.

The BRP is dated from date of decision not tagged onto the end of the last visa expiry date.

What were the reasons for the visa extension refusal??

[mfarazk85]

Thank you for the reply CR001,
Yes we did the application and appeal application on time. The reason was that we provided the A1 English Language Certificate instead of A2. After the refusal and when we filled the appeal, we asked HO to provide her passport so we could get the correct English language certificate. After receiving the passport we did the B1 certificate and on the day of hearing the HO representative withdrew the case.

So we can apply for ILR from the date when she was issued the FLR(M) for the 1st time? And we count the time of visa extension application and appeal time.