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Please Advice - Applied for FLR (M) - 5-year was refused but 10-year granted

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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tbilisi
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Georgia

Applied for 5-year ILR (M), but 10-year granted

Post by tbilisi » Mon Mar 26, 2018 12:14 pm

Hi - please kindly advice if you can...

My wife applied for 2-year extension of spouse visa (ILR (M) from within UK), and due to oversight, she did not know that new Language requirements were in place....

Because she did not have Class-2 English test passed, she did not qualify for 5-year route, and she was granted 30-month extension, but on 10-year route.

Do you know if it is possible to return to 5-year route?


Thanks in advance.

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CR001
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Re: Applied for 5-year ILR (M), but 10-year granted

Post by CR001 » Mon Mar 26, 2018 12:16 pm

Do you mean FLR(M)??? This is an extension of a spouse visa and not ILR.

There is no form called 'ILR(M)'.
Char (CR001 not Casa)
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khalidmerlin
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Re: Applied for 5-year ILR (M), but 10-year granted

Post by khalidmerlin » Mon Mar 26, 2018 11:24 pm

HI I have had a similar experience in the last week. We applied for the second FLR on five year route but were given FLR on 10 year route. The stated reason was income but we had evidence to prove it was above the threshold. The letter also says 'No right of appeal" it doesn't explain which part was incorrect and we had no chance to clarify anything.

bluebird12
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Re: Applied for 5-year ILR (M), but 10-year granted

Post by bluebird12 » Sat Mar 31, 2018 12:13 am

If you have applied ILR on Set (m) form , you can come back on 5 years spouse route provided you meet all requirements on that route but your 5 years period clock will start again from the day you will be issued 5 years spouse LTR , meaning the time already spent on previous spouse LTR will not be counted in order to complete 5 years.

tbilisi
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Georgia

Please Advice - Applied for FLR (M) - 5-year was refused but 10-year granted

Post by tbilisi » Wed Apr 04, 2018 2:45 pm

Hi,

Me and my non-Eu wife applied for FLR (M) extension - and due to our own fault, we overlooked that she needed a further English Test certificate A2... we sent an old A1 certificate thinking it was what was needed.

Her English is very good, we just did non't know that she had to have A2 for spouse visa extension.

As a result - we were refused 5-year route, and she was put on 10-year route.

Do we have any chance of remedying the situation?

Can we re-apply? (will we lose the 2.5 years she's been here?)
What is the best action for the quickest route to ILR? Can we get back on 5-year route?


Many thanks in advance !!

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CR001
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Re: Please Advice - Applied for FLR (M) - 5-year was refused but 10-year granted

Post by CR001 » Wed Apr 04, 2018 2:59 pm

Char (CR001 not Casa)
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Re: Please Advice - Applied for FLR (M) - 5-year was refused but 10-year granted

Post by vinny » Wed Apr 04, 2018 3:25 pm

Pass the A2 English test and ask for a reconsideration.
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