Donking1 wrote:Dear all,
Thought I should post my reconsideration request here just in case is of use to others on this forum. I understand no two cases are the same, but hopes it gives re-assurance to anyone unfortunate enough to be in my situation.
LIVSET 2 UK Boarder Agency Managed Migration Department 6 P. O. Box 306 Liverpool
L2 0QN
Cc: Team Manager LIVSET 2
Ref: A.......8 Case ID: 0.......8
3rd May, 2013
Dear R. Pownell,
Reconsideration Request – SET (M) Indefinite Leave to Remain Application Name:............ Nationality.......DOB:.................
This is to request a reconsideration of your decision to refuse my SET (M) application for Indefinite Leave to remain in the UK. I note that your reasons for refusing my application is incorrectly based on my failure to meet requirements of paragraph 287 (i) (a) of the immigration rules.
I wish to draw your attention to the fact that my application falls directly under paragraph 287. (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. I am extremely concerned that your decision was made without due consideration to paragraph (287(a) (i) and (d) of the immigration rules stated below:
(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom.
__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.
You stated in your reasons for refusal that I am subject to a probation period which began on the 1st August 2012, and concluded therefore I will not complete the probationary period until 1st August 2014. You also noted in your refusal letter, I have been resident in the UK since June 2002, initially as a student dependant and subsequently dependant of PBS migrant and also stay as spouse of a settled person who has now naturalised as a British Citizen. I have been a dependant of PBS migrant between 11th January, 2007 to 31st January 2010 and 2nd March 2010 to 2nd March 2012 and have already satisfied this requirement.
Clearly, you misapplied the rules in my case as paragraph (287(a) (i) (d) and 287(a) (i) (e): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.
The UKBA has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).
Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).
It is therefore without question my application clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Let me categorically point out that there is absolutely no requirement for me to complete a probationary period as I have indeed already satisfied this requirement.
The Immigration Rules and relevant Casework Instructions logically sets out how SET (M) applications in this category should be progressed. It is extremely distressing that in spite of all the evidence before you, particularly the fact that I have been legally resident in the UK since June, 2002 and have indeed established a strong bond of connection with the UK you still chose to refuse my application based on ‘spurious rules’.
In light of the provisions outlined in relevant sections of the immigration Rules and Casework Instructions, your decision to refuse my ILR cannot be seen as lawful or conforming to the letters and the spirit of paragraph (287(a) (i) and (d) of the Immigration Rules and the relevant Casework Instructions.
I hereby request you in light of the foregoing to reconsider your decision forthwith.
Yours sincerely
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