ILR claim refused, advised to apply for granted leave to remain

[babasarah]

Got a letter over the weekend advising my wife's ILR claim has been refused, also states on the letter she would qualify for granted leave to remain.

I have paid the health surcharge and accept their decision.

BUT on the letter it also states as we will change our application from ILR to Granted leave to remain they would refund some costs?

I am not expecting them to refund the full amount i paid but the fee i paid for ILR is £2297 and the fee for granted leave to remain is £993, so the difference is £1304 which is a lot of money for me

Anyone experienced this before

[CR001]

What was the reason for ILR refusal?

What is her full immigration history, including visa start and expiry dates??

Which category of 'leave to remain' are they offering?

[babasarah]

arrived 25th May 2012 on spouse visa, 08 Dec 2014 applied out of time for leave to remain as spouse and leave was granted


you qualify for a grant of limited leave to remain, due to having a child

[CR001]

So not a Tier 1 General Dependent visa then, which is the sub forum visa category you have posted in?

arrived 25th May 2012 on spouse visa, 08 Dec 2014 applied out of time for leave to remain as spouse and leave was granted

Why did you apply for an extension in 2014 and not ILR as she would have qualified for ILR after 2 years on a spouse settlement visa as a pre July 2012 applicant? For ILR she would not have required extant leave.

[babasarah]

I went and spoke to an immigration lawyer who told me she would have to be in the country for 5 years before we can apply for ILR,

we were just going off advice given as we have never done something like this before, it would have saved us a lot of hassle now

[CR001]

So that I can move this topic to the correct sub forum, please confirm that your wife came to the UK in 2012 on a Spouse settlement visa and that you are either an ILR holder or British?

[babasarah]

So that I can move this topic to the correct sub forum, please confirm that your wife came to the UK in 2012 on a Spouse settlement visa and that you are either an ILR holder or British?

Yes, I am British

[CR001]

I went and spoke to an immigration lawyer who told me she would have to be in the country for 5 years before we can apply for ILR,

we were just going off advice given as we have never done something like this before, it would have saved us a lot of hassle now

Unfortunately, the advice you received is wrong.

She could have applied for ILR in May 2014.