Spouse visa and settlement issue

[Exsoldier37]

This is not a feply to finland, i am new on this site, and this is rhe the only way i know how to get a post in.

Hi guys good day to you all,

I was a member of HM Forces between 2008 and 2013 when i was medically discharge. My wife and 8 years old son joined me ihere in the UK as a dependant spouse to a army forces personal, in March 2009. She was granted a 4 years visa at the time which would expired in January 2013. In 2011, i was naturalised as a British citizen, while i was still serving. In December 2012, a month before her visa expired we applied for LTR, but it was refused by the home office 8 months later.

The gounds for refuesal was " she came to the uk as a dependant spouse of the member of the HM Forces. And now she is applying as the spouse to a person present and settled".

They continues to say that "she had to be in this capacity for 60 months the be considered for ILR".

The home office then granted her 30 months visa and place her on a 10 familyand parnter live route. They then cancelled out the first 4 yours of her living here as my spouse.

They didn't gave us any right of appeal, so i felt helpless and used by the uk.

What can i do in this situation?

[noajthan]

Welcome.

To avoid confusion & jumbled responses, I have moved your question to its own thread and appropriate forum (this one) - and changed the title too.

[Casa]

Under the UK Immigration Rules, I believe the decision was correct. However, your wife and son should qualify for ILR under 10 years long residence in 2019 as all categories of visa can then be combined.

You will need to show minimum annual income of £22,400 (the income can be joint).

[Exsoldier37]

Firstly i want say thank you for taking the time sort out my account, and repling to my enquiries.

But where did i went wrong that what sopose to be a straight forward application turn to a 10-14 years route?

I did 5 years of services 4 of that years she came to join me as my dependant with our 8 years son. I was naturalised before her 4 years entry clearance expired.

But it seems we done something gravely wrong.

[Casa]

The HO were correct when they advised "she had to be in this capacity for 60 months to be considered for ILR"

Switching from a dependent of a member of HM Forces to the spouse of a settled person reset her immigration clock to zero.

However she will be able to apply for ILR under long residence in 2019 when all legal residence can be combined.

I assume that she was given leave under FLR(FP) Partner route, which suggests that you may have failed to meet all the requirements for a FLR(M) spouse visa (5 year route).