Weird problem with ILR & FLRM, help!

[Lemonfish]

Hello everyone,

I have a weird problem at hand that needs some advice, mainly due to my mistake in applying for ILR a few months ago.

Background

I'm from a non-EU country and married to an EU citizen in the UK in 2018 (pre-Brexit). I've been holding the EU-Spouse Residence Card since Sep 2018, valid for 5 years (Sep 2023). In 2020, my husband and I both applied for the EU Pre-settled status and got approved, with my updated visa validation date in Nov 2025.

In short, I have a valid visa to stay and work in the UK until Nov 2025 based on the EU pre-settled status.

Problem

Earlier this year, I got a notification from my company's system reminding me that I need to resubmit my proof of right to work soon, as I joined the company before 2020, I registered my original EU spouse visa info.

At that point and not until way later, I completely forgot that my visa had been extended after I applied for the EU Pre-settled status (no new Residence Card issued, just an email or had to check online). Hence, I started looking for the ILR application process and documents needed in preparation to apply for it before my current visa expires (keep in mind that I thought my visa would expire in Sep 2023 then).

I applied for ILR as instructed in late Aug, no less than 28 days before the visa expires. I met all the criteria regarding time spent overseas, income, proof of address, passing the Life in the UK exam...etc.

12 weeks later, I got an email from the Home Office saying that it was unlikely that I would qualify for ILR as I didn't stay in the UK for enough time (60 months/5 years). I was puzzled and asked for clarification, then I realised that I had this EU pre-settled status extension, meaning that because I thought I had to apply for the ILR about 3 weeks before my original visa expired, I did it wrong and got the application in too early.

This officer asked for my permission to change my ILR application to FLRM (Further Leave to Remain - Marriage) for 30 months, and I can get a refund of the difference. (ILR about £2400, FLRM about £1500). It was again my bad not looking it up further. I only considered the impact of a declined ILR and wanted to avoid it, so I said yes and gave him the consent to change my application.

Fast forward to about a week ago, another officer handling FLRM contacted me saying she has received it. However, she said that for this visa, I need to pay for the Health Surcharge for 30 months before she can proceed. Currently, the Health Surcharge is over £1,000 a year, meaning I need to pay an extra of £2,500.

I am not truly baffled and really don't want to pay this money as in the past 5 years with EU Spouse status in the UK, I've been a full-time employee and felt that I've paid my due from the NI deduction from my paychecks every month.

Also, now that I know I still have my EU Pre-settled Status until Nov 2025, I really don't need that FLRM.

Big question

• If I get back to her saying "I changed my mind, you can decline my ILR or FLRM application", would that hurt my EU Pre-settled Status? (I don't want the catastrophic surprise saying I need to leave the country right now...)

• Is this the type of issue worth seeking immigration solicitors? I couldn't get through Citizens Advice, and immigration solicitors all seem to handle more complicated cases...

Thank you for reading, it's a weird problem so I couldn't find any references in the existing posts.

[Casa]

The NI contributions are for a Government fund that is used to cover various things. These include state benefits such as the state pension, statutory sick pay and maternity leave. The contributions aren't for free access to NHS services.

As you are under the EU Settlement Scheme I will leave it to others on the forum who are better placed to respond regarding the best way forward, but it may be wise to consider that if you choose to consult an Immigration Solicitor, legal fees may amount to a considerable sum, without an guarantee of a resolution to your situation

[meself2]

If you are covered by EUSS, which you seem to be, as you have pre settled status, why did you apply for ILR? You'd need to apply for settled status via EUSS, which is free.

ILR is for someone on spouse visa issued by UK Immigration Rules. As you're a family member of EU national since 2018, you're eligible for settled status (which is equivalent to ILR) for quite a while.

[alterhase58]

Big question

• If I get back to her saying "I changed my mind, you can decline my ILR or FLRM application", would that hurt my EU Pre-settled Status? (I don't want the catastrophic surprise saying I need to leave the country right now...)

ILR and EUSS are separate immigration streams though EUSS is also called ILR .... they won't put the application through unless you pay so nothing happens, just tell them you are not going ahead. So application never happened!

• Is this the type of issue worth seeking immigration solicitors? I couldn't get through Citizens Advice, and immigration solicitors all seem to handle more complicated cases...

NO.

[Lemonfish]

Thanks for the response.

Good question. I honestly just assumed as I am not an EU citizen, I need to apply for ILR... Need to do more research but at first glance, I think you are right on this. Thank you for this info. Either way, the £2,400 stupidity tax is all on me.

If you are covered by EUSS, which you seem to be, as you have pre settled status, why did you apply for ILR? You'd need to apply for settled status via EUSS, which is free.

ILR is for someone on spouse visa issued by UK Immigration Rules. As you're a family member of EU national since 2018, you're eligible for settled status (which is equivalent to ILR) for quite a while.

[Lemonfish]

Thank you!

Big question

• If I get back to her saying "I changed my mind, you can decline my ILR or FLRM application", would that hurt my EU Pre-settled Status? (I don't want the catastrophic surprise saying I need to leave the country right now...)

ILR and EUSS are separate immigration streams though EUSS is also called ILR .... they won't put the application through unless you pay so nothing happens, just tell them you are not going ahead. So application never happened!

• Is this the type of issue worth seeking immigration solicitors? I couldn't get through Citizens Advice, and immigration solicitors all seem to handle more complicated cases...

NO.

[vinny]

Hello everyone,

I have a weird problem at hand that needs some advice, mainly due to my mistake in applying for ILR a few months ago.

Background

I'm from a non-EU country and married to an EU citizen in the UK in 2018 (pre-Brexit). I've been holding the EU-Spouse Residence Card since Sep 2018, valid for 5 years (Sep 2023). In 2020, my husband and I both applied for the EU Pre-settled status and got approved, with my updated visa validation date in Nov 2025.

In short, I have a valid visa to stay and work in the UK until Nov 2025 based on the EU pre-settled status.

Problem

Earlier this year, I got a notification from my company's system reminding me that I need to resubmit my proof of right to work soon, as I joined the company before 2020, I registered my original EU spouse visa info.

At that point and not until way later, I completely forgot that my visa had been extended after I applied for the EU Pre-settled status (no new Residence Card issued, just an email or had to check online). Hence, I started looking for the ILR application process and documents needed in preparation to apply for it before my current visa expires (keep in mind that I thought my visa would expire in Sep 2023 then).

I applied for ILR as instructed in late Aug, no less than 28 days before the visa expires. I met all the criteria regarding time spent overseas, income, proof of address, passing the Life in the UK exam...etc.

12 weeks later, I got an email from the Home Office saying that it was unlikely that I would qualify for ILR as I didn't stay in the UK for enough time (60 months/5 years). I was puzzled and asked for clarification, then I realised that I had this EU pre-settled status extension, meaning that because I thought I had to apply for the ILR about 3 weeks before my original visa expired, I did it wrong and got the application in too early.

This officer asked for my permission to change my ILR application to FLRM (Further Leave to Remain - Marriage) for 30 months, and I can get a refund of the difference. (ILR about £2400, FLRM about £1500). It was again my bad not looking it up further. I only considered the impact of a declined ILR and wanted to avoid it, so I said yes and gave him the consent to change my application.

Fast forward to about a week ago, another officer handling FLRM contacted me saying she has received it. However, she said that for this visa, I need to pay for the Health Surcharge for 30 months before she can proceed. Currently, the Health Surcharge is over £1,000 a year, meaning I need to pay an extra of £2,500.

I am not truly baffled and really don't want to pay this money as in the past 5 years with EU Spouse status in the UK, I've been a full-time employee and felt that I've paid my due from the NI deduction from my paychecks every month.

Also, now that I know I still have my EU Pre-settled Status until Nov 2025, I really don't need that FLRM.

Big question

• If I get back to her saying "I changed my mind, you can decline my ILR or FLRM application", would that hurt my EU Pre-settled Status? (I don't want the catastrophic surprise saying I need to leave the country right now...)

• Is this the type of issue worth seeking immigration solicitors? I couldn't get through Citizens Advice, and immigration solicitors all seem to handle more complicated cases...

Thank you for reading, it's a weird problem so I couldn't find any references in the existing posts.

If these two Officers were as knowledgeable as meself2, then they would have asked you for permission to switch to an EUSS settled status application. Do vary the existing application by making an EUSS application.

If they grant settled status for free, then they may give a full refund (difference in application fees). Else, complain and ask for a full refund (Ex-gratia guidance) due to inappropriate applications or these two Officers giving incorrect advice.

[Lemonfish]

Hi everyone,

I'd like to give an update on this (for future reference).

Thank you all for providing the suggestions. I got back to the Home Office and requested the application withdrawal with the explanation that I was advised to go through the EUSS route. They didn't ask further questions and proceeded with the withdrawal.

After a few days, I got the FLRM fee refunded (about £1,100), and then after a few more days, I got another £1,300 fee refunded, which made up to the £2,400 I paid initially for ILR.

I've since then applied for a new BRC that reflected the new pre-settled status valid date (in order to apply for the status switch) and should receive my card today. After that, hopefully, I can switch to Settled Status easily.

Overall, can't thank you guys enough. You saved me £2400 and a huge amount of confusion and anxiety.

[AmazonianX]

Congratulations and thank you for the feedback on the process.