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ILR I screwed up-my last extension type. This time I'm 2.5 years early and thought I was at 10 year mark

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ScottyD
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ILR I screwed up-my last extension type. This time I'm 2.5 years early and thought I was at 10 year mark

Post by ScottyD » Tue Apr 23, 2024 7:05 pm

Hi and thanks for taking the time to read my plight.
So I have recently applied for ILR/Settlement and the H.O. emailed me saying that my last application was an M not a FP as it should have been, and I have 14 days to do something about it. ALSO I thought it was my settlement ILR app time. I filled out the wrong application this time as well. I thought I was at the 10 year mark for ILR and I wasn't, I had 1 more extension to go :|
Here is the email:

"We are considering your application and need further information from you. You have applied for Settlement Family Life on the basis of having completed 10 years residency as a partner. Your most recent grant 18 June 2021 was on the FLR M route was based on 5 years. The FLR M route can lead to ILR after 5 years.

You would not meet the requirements for Settlement (ILR) on the 10 year route (Your first grant was on 22 April 2015). Please consider whether you wish to proceed with your current application or whether you would like to vary this application. You may want to seek independent immigration advice.

If you do decide to vary your application, you will need to pay a fee for the new application and you will then receive a refund of the fee for your application on the basis of your Private Life.

We will hold your current application for indefinite leave to remain on the basis of your Private Life for 14 days from the date of this notice.

If you would like to vary this application, you should submit a new application and we will treat that as a variation and decide that application instead of your application for indefinite leave to remain on the basis of your Private Life.

If we have not received a new application from you by 07 May 2024, your application for indefinite leave to remain on the basis of your Private Life will be rejected."

OK so to make it clear, This was at the time it could be done for the first time by the applicant online. Not knowing what route to apply for without the help of a solicitor like before, during lockdown, led me to call the home office help line and the woman insisted I needed the flr M route, though I didn't need to change my circumstances and everything was the same. In 2021 I submitted the flr M. It was approved. So idiot me, last January 2024, thought I was at the final ILR/settlement stage, I was wrong. I thought I started in 2011, I was wrong it was in 2015. I have a terminal disease and bad memory loss. Basically my settlement application should have been a flr FP, and the previous application should have been a FP but was decided as an M. It's all messed up. I'm skint, I already sold everything I own for the settlement fee. If I have to re apply that's the FP or M (not sure what) fee and the nhs surcharge after paying 2,885. and FP is 1,044 plus nhs 2,600, it will be impossible. I've been here since 2011 and had to go to court twice just to win the chance of a 10 year route. that took 4 years. I'll seek help from CAB but I doubt they will help me like I need. I'll look for a solicitor that can take a payment plan perhaps if they do that. What do you think is the next best step for me? It is too bad you can't talk to someone in the home office and explain everything, they would understand, but you cannot. I'm alone in this, I'm scared, and it's having an adverse effect on my mind. All your wisdom is appreciated ahead of time.

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zimba
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Re: ILR I screwed up-my last extension type. This time I'm 2.5 years early and thought I was at 10 year mark

Post by zimba » Wed Apr 24, 2024 1:41 am

Under the 10-year route, any time spent under the family route will count so it does not matter if you were or are under the 5-year route or 10-year route, so any period leave granted via FLR(M) or FLR(FP) can be combined. It is only under the 5-year route that you need to have had 60 months under the 5-year route.

Can you provide your full immigration history with the dates of the applications please ?
Has your visa already expired or do you still have a valid visa ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ScottyD
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Re: ILR I screwed up-my last extension type. This time I'm 2.5 years early and thought I was at 10 year mark

Post by ScottyD » Sat Apr 27, 2024 3:47 pm

1. my first grant April 22, 2015

2. granted another 30 months March 2018

3. most recent grant 18 June 2021 was on the FLR M route was based on 5 years

LAST DECEMBER was supposed to be another 30 month extension but what MY DUMB A$$ did was put in for Settlement, thinking my 10 years was done. What a tragic mistake.

H.O. emailed me, sent me that letter above, and I've replied to them that I will be varying my application and will put it in by May7. Thanking them for giving me the chance.

I am my wives full time carer,I don,t get access to public funds, i do it out of love , we are both terminally ill. I cannot work. We've been scraping by for over a decade together, as long as we are together nothing else matters. we literally sold everything we have to pay the wrong application's fee and they won't give me a refund. How the hell can I come up with that! its impossible. I have literally days to come up with 3600 pounds.
I don't even know what application I should be filling in by May 7th, does anyone here? please. I'm fighting to be with my wife.

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zimba
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Re: ILR I screwed up-my last extension type. This time I'm 2.5 years early and thought I was at 10 year mark

Post by zimba » Sat Apr 27, 2024 4:26 pm

If you do not have a valid visa, you must apply as soon as possible for a new FLR(M) application to vary your previous application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ScottyD
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Re: ILR I screwed up-my last extension type. This time I'm 2.5 years early and thought I was at 10 year mark

Post by ScottyD » Sat Apr 27, 2024 7:29 pm

Thank you zimba for your help. I have until the 7th of May. As stated above I have written them a email of intent as they asked for it. If my last application was a FLR M for 5 years do I apply for an FLR M for my last extension before my settlement application? (ILR) They have given me a chance to fix this.

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zimba
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Re: ILR I screwed up-my last extension type. This time I'm 2.5 years early and thought I was at 10 year mark

Post by zimba » Mon Apr 29, 2024 1:31 am

ScottyD wrote:
Sat Apr 27, 2024 7:29 pm
Thank you zimba for your help. I have until the 7th of May. As stated above I have written them a email of intent as they asked for it. If my last application was a FLR M for 5 years do I apply for an FLR M for my last extension before my settlement application? (ILR) They have given me a chance to fix this.
Yes. You must vary the incorrect ILR application to an extension
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ashishpatel
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Re: ILR I screwed up-my last extension type. This time I'm 2.5 years early and thought I was at 10 year mark

Post by ashishpatel » Sun May 05, 2024 8:43 pm

ScottyD wrote:
Sat Apr 27, 2024 3:47 pm
1. my first grant April 22, 2015

2. granted another 30 months March 2018

3. most recent grant 18 June 2021 was on the FLR M route was based on 5 years

LAST DECEMBER was supposed to be another 30 month extension but what MY DUMB A$$ did was put in for Settlement, thinking my 10 years was done. What a tragic mistake.

H.O. emailed me, sent me that letter above, and I've replied to them that I will be varying my application and will put it in by May7. Thanking them for giving me the chance.

I am my wives full time carer,I don,t get access to public funds, i do it out of love , we are both terminally ill. I cannot work. We've been scraping by for over a decade together, as long as we are together nothing else matters. we literally sold everything we have to pay the wrong application's fee and they won't give me a refund. How the hell can I come up with that! its impossible. I have literally days to come up with 3600 pounds.
I don't even know what application I should be filling in by May 7th, does anyone here? please. I'm fighting to be with my wife.
WHAT DATE DID YOU APPLY FOR SETTELEMENT IN DECEMBER? and when was your biometrics?

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