PLEASE HELP ME....

[em-em]

Dear Gurus and members,
Please read and understand my queries.I applied for Indefinite leave to remain (SET M) on 17 May 2017 and everything was alright until I received a letter today saying I don't qualify for Indifinite Leave to remain because of inadequate maintenance.My husband's earn more than the income threshold they're asking for.They also mentioned that I haven't providedany evidence of any tenancy agreement or bank statements which show regular rent payments.
We honestly provide everything every papers they need.It sounds unfair because people claim all benefits they can and don't work but they been granted for Indefinite leave to remain but my husband worked since he was 16 and only claim child benefits but treated like we don't exist .Does anyone here on the same boat like mine?Thank you

[em-em]

Also they said my husband and I have housing costs of £750 per month.That's a lie as we don't pay that amount for our rent.The said we haven't provided a bank statements,that's also a lie in fact we sent 7 months bank statements and pay slips.Plus they said I claimed to live in a separate property rent free during non term time buy you have not provided evidence in the form of a letter,this is ridiculous as since I came here in the UK May 2012 I have been living with my husband in this flat 24/7.Also they said I haven't provided any evidence to say you don't have to pay council tax and I reside at two separate properties,that's another lie because we pay our council tax and we sent it all to them.It sounds like they have the wrong applicant/application and NOT MINE.

[eoo10]

Hello em-em,
It does seems that UKVI has given you another applicant's decision. I think you will urgently require someone who is knowledgeable in the area of law to help you with your administrative review except if you think you can handle if yourself before the deadline.

[em-em]

Hi there,
I am actually shaking and can't concentrate at the moment as I thought ILR will be the last application but it's not.They want me to pay for NHS Surcharge by 7th November so what will happen to the £2,297?
I would love to speak to them by phone as I want them to hear that this is upsetting and unfair plus the fact that we have a child with needs but we don't claim nothing apart from child benefit.My husband is English/British born and his family but it really sounds unfair on his own country to be treated this way.Thanks for answering my post as I feel so down at moment

[em-em]

Sorry Casa for my multiple posts.It's just that I only rely to this forum since the very beginning and I am confused.Does it mean they will keep the £2,297?They could've asked really about the bank statements they're talking about or papers they need (I know they didn't because we sent it all)and I have an email saying that if there's a problem with my application they will let me know ASAP but instead they sent me a letter saying my application is invalid Apologize for my post and I hope there's someone on here got similar situation or knowledge to share if what I need to do next.Thank you.God bless!

[em-em]

Maybe my fault as well for not paying the NHS Surcharge because my husband thought it's only for those who came here after July 2012.Now they want me to pay the NHS Surcharge so they will grant me another 30 months.Will they refund the £2,297 or is it possible to apply for a new application once they grant me for another 30 months?Any advice please.Thank you.

[Casa]

If you believe that the Case Worker has made an error in assessing your application you should submit a request for an Administrative Review (AR) within 14 days of receiving the refusal, The fee for an AR is £80.
https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

[em-em]

Thank you so much for your reply Casa.I read the letter again and the decision was made on October 24th 2017 but the letter only arrived today.The other letter says I have to pay the Health Surcharge within 10 days of the decision but the other letter saying I have to pay it by 7th November.Which one do I have to go as Monday is the 10th day and how many days before it reaches on their account?This is actually depressing Please Casa sorry if I keep bothering you.

[em-em]

Because I have four letters in one envelope and I just hope the postman deliver it the next day.Is there any difference between IHS and NHS or they're the same?Sorry I just can't sleep just thinking about it.

[em-em]

NHS-National Health Service
IHS-Immigration Health Surcharge
So I need to pay the IHS by 7 November as that what it says in the letter.October 24 is date on letter so it's within 14 days.Other letter says pay it within 10 days so I don't know.

[Casa]

Within 14 days is for an Administrative Review (as in the link I posted previously).
Within 10 days is what is required if you are paying the IHS surcharge for a visa extension.

IHS and NHS are the same.

[em-em]

Thank you Casa.Do I need to register first with the gov.uk website in order to get an IHS number? If so,can I register now eventhough I'll pay it on Nov 1.?

[Casa]

You will need to register first, but wait for others to respond who have been in a similar situation. It appears that the UKVI are intending to issue you with a visa under the FLR(FP) Partner route, which is a 10 year (2.5 x 5) route to settlement. This could be varied to ILR once you are able to address the reasons for the refusal.

However, if you are confident that they have assessed your initial application wrongly and have confused your application with another applicant, you should submit a request for an Administration Review (AR). Again, wait for advice from others with more knowledge on your options.

Fellow Moderator, Obie may be able to advise when he is online.

[em-em]

Oh thank you so much for your prompt response.Yes that's what they said in the letter that I have to pay IHS and will issue me a 30-month FLR (FP)once I done it.Regarding with the AR my husband won't go to that one as don't wanna lost another £80 incase the caseworker doesn't know what he/she dealing with.They said we have an extremely complex application but it's actually straight forward.With the bank statements they're talking about they could've asked like for more information and docs like what they did to some other applicants but it seemed they can't be bothered.With the properties they're talking about I really don't have any idea as I don't own one.My husband and I are genuine and always been honest and nice to people.Sorry Casa if I express my feelings on here but it feels nice to be honest that someone is replying and answering my queries.Thank you from the bottom of my heart.

[Obie]

If the reasons they gave you is wrong, then you ought to challenge it. You cant start a whole circle again if you are in the right.

You must challenge it and ask for a decision, as you made a lawful decision.

Admin review is not available in these cases.

[em-em]

Thank you Obie.I will try to give them a ring and hope I can speak to someone who understands my straight forward application.They made it complicated for saying they don't have the bank statements,that I have another property and staying there each term,that we don't pay council tax it's all untrue.Ok let say the income threshold gone up,but how much though as my children are British born and their Dad is British but if you have 2 children and you supposed to earn minimum of 24,600 per year then their decision is right.So if only my husband claim some of the benefits it probably cover the threshold they're asking for?We just wanna go ahead paying the IHS they're asking for incase they'll make it invalid again.Thank you Casa and Obie.

[em-em]

Apologize for my long posts .Does it mean if they'll grant me 30 months FLR (FP) I have to wait for another 10 years before I can apply for ILR and my 5 years here already in UK is not counted?

[bluebird12]

1. First thing is the income threshold is still £18600 which in your case you would have to meet it and income for your british children is not required as they are not subject to immigration control ,

2. In your circumstances above it is BEST option to pay IHS health Surcharge online which will be credited straight way as soon as You make payment online . Although your already paid fee £2293 will not be refunded because they will issue you new FLR leave .

3. The 5 years periods which you have already spent under family spouse LTR will be counted for 10 years legal stay route if UKVI put you on that route .

4. After having issued FLR (FP) , you would be able to get ILR straight way if there was error on part of UKVI in deciding your application wrongly for SET(M) during challenge / Judicial Review or appeal ., I am not sure whether is there any admin review available in your case or not ?

5. have you applied ILR under Appendix FM 5 years family route and have completed 5 years under this route and do you meet all current immigration requirements of the rules ?

[bluebird12]

1. NHS or Immigration Health Surcharge is not required to pay when applying for ILR Set (M) , it is only required for LTR applications .

2. It would be very helpful if you could upload online or type your refusal letter after removing your personal details so somebody could give your good advice after reading refusal letter. Again best option at the moment is to pay health Surcharge and get further LTR and afte that you can get ILR by rectifying errors if any made by UKVI ,otherwise if you become over stayer and do not have any valid LTR , then it would create lots of problems for you and will cost lots of money as well ..

[em-em]

Hi there bluebird12 and thank you for your reply.The reason of my application SET(M) was invalid it's because they said Inadequate maintenance and my husband earns £21,600 per year.They said we couldn't prove it as we didn't sent the bank statements(we did and they're all original)that means they lost it?I live with my husband since I arrived here May 2012 and live in this flat for over 5 years now 24/7 but they're saying I am living in a separate property per term.I have no idea what they're talking about.My family,friends and neighbors can prove it.My husband has to drive two hours to work and two hours back home just to meet the requirements they need(income wise)but still invalid.Not even a letter saying if we can provide more papers for further information.We are going to pay the IHS Nd hope for the best.

[em-em]

The decision they made is more upsetting than the diagnosed of our child My husband feels like he's been sentenced to death and I feel helpless and a failure

[em-em]

Thank you very much guys for taking your time reading my posts and answering my queries.You guys are always there even I asked silly questions sometimes so thank you and God bless!

[bluebird12]

Yes the best option at the moment is to pay IHS Surcharge and get LTR and also explain them that they made error providing evidence, you can also get Legal advice on this matter to handle your case properly and in-time , your paid IHS Surcharge could be possibly refunded later on if you proved UKVI made error in deciding your ILR application and you will get ILR as well hopefully.

[bluebird12]

If you have still valid existing LTR , you might be able to apply again Premium service application for same day service paying again fee , and bringing all documents this time ? However, if your stay on 10 years route it could cost you £20000 in fees and long waiting time , best thing sorted soon as you can ...

[bluebird12]

If you have still valid existing LTR , you might be able to apply again Premium service application for same day service paying again fee , and bringing all documents this time ? However, if your stay on 10 years route it could cost you £20000 in fees and long waiting time , best thing sorted out soon as you can ...


2: you have been Leave to Remain issued before July 2012 how come you are under new 5 years immigration route , you should be able to apply ILR after 2 years ?