10 Year confusion after Entrepreneur extension rejection and 2nd application approval

[malik_pardeep1987]

Hi Zumba,

Just need your help.
As the thread mentioned I have moved from Tier-1 Entrepreneur to 10yrs route and got ILR in September 2019. My wife’s visa was til end on October so before her visa expired we made her application for extension in SET(LR) family route as a postal application. Biometric done on 25/10/2019. Now yesterday we have received from UKVI saying “we’re giving you an opportunity to review your application .
If after you have reviewed and you would like to vary your application plz advise us within 14days of this email.
If you chose to vary your current application and make an application on another route , the application will be considered under the criteria of new route you have chosen.you will need to demonstrate that you meet the requirements of new route.
If you don’t vary or not reply within 14days , your application will be decided based on criteria set out in Appendix FM.”

Could you please help understand what does this mean ?

I’m completely confused and have no idea what to do.

Plz help.

Many thanks

[zimba]

Hi Zumba,

Just need your help.
As the thread mentioned I have moved from Tier-1 Entrepreneur to 10yrs route and got ILR in September 2019. My wife’s visa was til end on October so before her visa expired we made her application for extension in SET(LR) family route as a postal application. Biometric done on 25/10/2019. Now yesterday we have received from UKVI saying “we’re giving you an opportunity to review your application .
If after you have reviewed and you would like to vary your application plz advise us within 14days of this email.
If you chose to vary your current application and make an application on another route , the application will be considered under the criteria of new route you have chosen.you will need to demonstrate that you meet the requirements of new route.
If you don’t vary or not reply within 14days , your application will be decided based on criteria set out in Appendix FM.”

Could you please help understand what does this mean ?

I’m completely confused and have no idea what to do.

Plz help.

Many thanks

Under what route did you apply for her ? I advised you she must apply under FLR(M)

[malik_pardeep1987]

Hi Zimba,

I can confirm you that I have made the application in suggested FLR(M) category (family ) route.

Now I’m not sure why they’re asking to review it.
Plz suggest what to do now , coz I have no clue and confused.

Many thanks

[zimba]

Email back and explain that you want the application to be processed under 5 year route family of a settled person FLR(M) under Appendix FM

[malik_pardeep1987]

Hi Zimba,

Thanks for valuable suggestions. I had emailed them clearly as you suggested, also them sent a copy of my ILR in reply.

Today we have received the refusal letter on my wifes applications. Below are the reasons.

Eligibility :
Under paragraph R-LTRP.1.1.(c)(i) and R-LTRP.1.1.(d)(ii), you do not meet all the eligibility requirements of Section E-LTRP of Appendix FM for the following reasons:

Eligibility immigration Status Requirement:
You do not meet the eligibility immigration status requirement paragraphs E-LTRP.2.1. to 2.2 because you are currently in the UK with leave as a Tier 1 dependant with valid leave granted for a period of 2 months. You therefore fail to meet the requirement as a partner under paragraph E-LTRP.2.1 of Appendix FM of the immigration Rules.

Now i'm not sure what to do ? I don't understand why they have refused it. As you know I had got ILR under 10yrs long residence switching from T1 Entrepreneur route.

They have given 14 days for RIGHT TO APPEAL .
Also mentioned if u think you have legitimate reason to remain in the UK , you need to make an application to stay.

Plz help ! My world is falling apart and I have no idea what to do.

Many thanks

[malik_pardeep1987]

Just add

My wife is in UK and we had applied from Wihin UK.

[CR001]

When did she get her tier 1 dependent visa,what are the visa start and end dates?

What form exactly did you apply for before her visa expired?? Set m or FLR m or....?

It appears from your previous posts that your wife's visa was valid for less than 6 months, which means she can't switch to spouse visa within the uk.

https://www.gov.uk/uk-family-visa

When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less

[malik_pardeep1987]

Hi CR001,

Yes, You're right she was granted less then 6 months visa when she came to UK as Tier-1 Entrepreneur dependent. I missed this requirement while making the application.
Now please help what options do we have ?

Should we make An Appeal in Tribunal and what is the likely outcome ?
Or Does she need to go back to India and make a fresh application ? One of the issue we have is she has just started her dream job in her own technical field. She will have to resign after a lengthy interview and selection process. Also this system is very harsh and cruel for both of us. Took ages to get her first visa to come to UK and now this.

Please help as we're both panicking what to do as we have only 14 days. Also the letter is dated 13th Feb what is the last day she need to leave the country.

Many thanks

[malik_pardeep1987]

Just to add we Applied using FLR-m before her visa was expired. she was granted a total of 3 months was as mine was also remaining for same period.

[malik_pardeep1987]

Hi ,

Plz help 🙏🏻

Regards

[marcnath]

Hi CR001,

Yes, You're right she was granted less then 6 months visa when she came to UK as Tier-1 Entrepreneur dependent. I missed this requirement while making the application.
Now please help what options do we have ?

Should we make An Appeal in Tribunal and what is the likely outcome ?
Or Does she need to go back to India and make a fresh application ? One of the issue we have is she has just started her dream job in her own technical field. She will have to resign after a lengthy interview and selection process. Also this system is very harsh and cruel for both of us. Took ages to get her first visa to come to UK and now this.

Please help as we're both panicking what to do as we have only 14 days. Also the letter is dated 13th Feb what is the last day she need to leave the country.

Many thanks

What is the option given to you ? Are you given the right for AR or appeal ?

[zimba]

Hi ,

Plz help

Regards

I suggest her to leave the UK and apply for entry clearance from abroad.

[malik_pardeep1987]

Thanks Zimba 🙏🏻

BTW they haven’t give an AR option. The only option is Appeal in Asylum tribunal .

I guess she will have to apply from aboard.

Many thanks

Br

[marcnath]

Thanks Zimba

BTW they haven’t give an AR option. The only option is Appeal in Asylum tribunal .

I guess she will have to apply from aboard.

Many thanks

Br

What was the exact day of the visa grant and the exact date of the refusal ?