Not sure why homeoffice have done this

[confusedduck]

Hi guys,
So I will try to bullet point my story and please share your thoughts.

1) Applies for ILR(M) for my wife in March. Her current FLR(M) is still valid till march 2020

* She had reached 5 years under partner and spousal visa in december, I realise now my mistake of counting the 1 year under she was under partner of Tier-2 General in the total. I settled a year after she came here and subsequently got my British citizenship

2) Home office requests documents pertaining to my son. Please note that I had not attached any documents
regarding our son(who is British by birth because of me) and my application was for ILR(M)

3) Thinking that is additional documents they want, I provided as prompted.

4) We received rejection of her ILR(M) application for the reasons stated above (only 48 months so far). Important to note that by that count she will qualify next March, till when her current visa runs anyway.

5) Homeoffice however have considered her application in an alternative route and happy to grant her leave if we pay nhs surcharge etc. Now the interesting point to note in that letter is that they want us to select FLR(FP) when paying that surcharge. So they are considering her application on an FLR(FP) to get 30 months but would that not put her on a 10 year path?! When she doesnt even need but to wait till next year to apply for ILR? I find that irritating that we couldve easily just clicked and paid surcharge online and gotten further into a muddle?

Why would they try to put her on a different path? Or am I reading too much into this?

The important question is. If we do not pay the surcharge in the next 7 days and the application is rejected as stated in the letter. Does her current leave to remain still stay valid? (the FLR(M) which goes till march 2020)

[aman90]

As long as you don’t take any action towards this letter...she has extant leave..you may apply for ILR when she’s eligible ie within 28 days of completing 60 months..

[aman90]

12 months to go but visa expires in March 2020.. extension required..

[confusedduck]

is there any option to withdraw application at this point? or I just have to take the rejection. It is weird why they did not offer her instead extention on her current route of FLR(M). My documentation is fully on point so there is no rejection there. She has had 3 successful application using similar document sets.

[confusedduck]

12 months to go but visa expires in March 2020.. extension required..

Sorry 12 months from march. Extension not required. We applied in March. March 2020 makes 60 months

[aman90]

is there any option to withdraw application at this point? or I just have to take the rejection. It is weird why they did not offer her instead extention on her current route of FLR(M). My documentation is fully on point so there is no rejection there. She has had 3 successful application using similar document sets.

She had valid leave till March 2020 why would they offer extension.. if she completes 60 months by the time her current visa expires then you can safely apply for ILR..
I think you should be able to withdraw.. but you won’t get any fees back.
Read the guidance on withdrawal and varying..

[CR001]

Ignore the letter and request for Ihs. It is a generic letter/template when an applicant doesn't quify for ILR on Set M

[confusedduck]

Ignore the letter and request for Ihs. It is a generic letter/template when an applicant doesn't quify for ILR on Set M

Yes thanks, that makes more sense that some hollywood conspiracy. Is there anyway to double confirm that me ignoring the letter and the application getting rejected has no bearing on the validity of her current visa? Is it worth attempting to "withdraw" application from the online form even though withdrawing is not valid anymore as application decision has been made? Or any other suggested course of action?

[CR001]

No effect on current visa.

You could write back and state you will remain on the current visa till you qualify for ILR

As the application is basically decided, you can't withdraw as far as I understand.