I've been following the FLR(M) processing times thread silently for a while now, but I decided to register because today I received my documents, along with a very confusing cover letter. My 30-month BRP arrived yesterday and DH and I celebrated (we applied 4 August 2012 so believed it fell under the new rules), but now I'm wondering if the party was premature! Hopefully you wise people can offer some advice. Apologies for the very long first post!
Here is my UK timeline:
Sep 2005 - arrived from US on 1st student visa (MSc completed Aug 2006)
Dec 2006 - successful 2nd student visa (PhD completed Aug 2010)
Aug 2010 - successful Tier 1 PSW visa (expiring late Aug 2012)
Apr 2012 - got married to DH (UK citizen)
4 Aug 2012 - applied for FLR(M) by post
9 Aug 2012 - payment taken and Acknowledgment letter sent
Late Nov 2012 - Biometrics
25 Feb 2013 - BRP arrived, spouse/partner leave to remain valid until late Aug 2015, work permitted, no public funds
26 Feb 2013 - Docs arrived with 'refusal but granted' letter
So what's confusing to me in the letter from UKBA:
1. The app was considered under pre-July 9 rules [even though I applied in August and was on Points-based system when I applied, so we filled in everything for the post-July 9 rules...was that a mistake on our part, or more likely the caseworker's?]
2. My application 'did not meet the requirements as per the enclosed refusal notice.' [I've triple checked everything and there is no refusal notice, and that's the only place it says anything 'specific' about a refusal.]
3. They've then considered a 'family life claim' under Appendix FM D-LTR.1.1 (a) to (c) and decided I fit the limited leave to remain criteria so I'm granted leave within the Immigration Rules on that basis for 30 months, then I should apply again for 30 months and after 60 months I'd qualify for settlement on basis of Family Life with a Partner. [It doesn't say the word 'Discretionary' anywhere.]
I wish I'd found this forum before I applied and had asked some questions about this, because I really don't understand what they've done in considering my application. I've always applied with valid leave and had straightforward approvals, and based on both old and new rules for partners I should easily qualify - although we didn't include the employer letters with gross salary etc., could that be the problem? Will the 'refusal' be an issue when I show this letter to my employer? [I haven't had a long-term, full-time job - part of the fun I've had in modern academia - so my salary wouldn't have been enough to continue on the PBS route.] Should I bother contacting the UKBA about the mysterious missing refusal notice, since (hopefully) the outcome would be the same, a valid 30-month visa and the option for me to apply for SET(O) based on 10-year residency in late August 2015?
Sorry for all the questions, but thanks a million for any advice!
