Received complicated reply from home office Please HELP

[Shweta2008]

Hi
I have applied for ILR on 6th June on super priority basis.

I have not signed any consent form for SET(M) application form , as it was a super priority service all the documents uploaded as per final check list, which wont mention any kind of consent form.

I have received below reply from Home office-:
We have considered your application and you do not qualify for ILR .

We are satisfied that you would fall to be granted leave to remain of 30 months on the basis of R-LTRP.1.1(a),(b) and (d)of Appendix FM, were you can make a valid application for such leave. Pay health surcharge of 1000 pound by 17th June 2019 or your application fees wont be refunded and you will be deported from UK.The detailed reasons are set out in Annex A
Annex QA
Detailed consideration
Immigration History
1)Entered in UK on 5th May 2013 as a Tier -1 dependent, valid from 10 April 2013- 26 Oct 2014.
2)Switched to Spouse Route 21 Oct 2014 to 21 April 2017( My husband got an ILR, so route has been switched)
3)Further leave to remain in a spouse route from 5th June 2017 to 08th Dec 2019.
4) current application was started on 17 May 2019 for ILR
Reasons you would not qualify for a grant of ILR
As the spouse of a person present and settled in UK seeking ILR, your application falls for consideration under seection R-ILRP of Appendix FM of the Immigration rules which states :
R-ILRP.1.1 The requirements to be met for ILR as a partner are that-
(a) the applicant and their partner must be in the UK
(b)the applicant must have made a valid application for ILR as a partner
(c) the applicant must not fall for refusal under any of the grounds in Section S-ILR: Suitability for ILR
(d) deleted
(e) the applicant must meet all the requirements of section E-ILRP: Eligibility for ILR as a partner

In order to meet the requirements of R-ILRP.1.1(e), you must demonstrate that you meet the requirements of Section E-ILRP: Eligibility for ILR as a partner.

]Section E-ILRP.1.3 states:
E-ILRP.1.3 (1) subject to sub-paragraph (2), the applicant must , at the date of application , have continuous period of either :
(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under D-ECP.1.1;or
(iI) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(iii) a combination of (i) and (ii);
or
(b) at least 120 months in UK with :
(i) leave to enter granted on the basis of entry cleance as a partner granted under D-ECP.1.1 or D-ECP.1.2; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii)

As you have previously been granted 55 months of leave to remain as a spouse under paragraph D-LTRP.1.2 , you fail to meet the requirements of E-ILRP.1.3 of Appendix FM. In order to qualify you must have completed a continuous period of 60 months in the route that you were last granted under.
In order to qualify for settlement you would need to show that you met all the requirements of R-ILRP1.1. Full consideration has not been given to all of th requirements of R-ILRP1.1(e), this includes the financial requirement set out in E-LTRP 3.1 to 3.4 . You have failed to demonstrate the requirement of R-ILRP.1.1(e) with reference to E-ILRP1.3.(a) and (b). Your application for ILR is therefore refused regardless of whether you can demonstrate that you meet the financial requirements or not.
As you do not meet the above eligibility requirements of your application for ILR is refused under D-ILRP.1.3 of the Immigration rules.

My question to the forum people
1)Why are they giving me leave to remain visa, which I have already valid until 8th Dec 209? They are happy to give me 30 months leave to remain visa but as per their rules I qualify for ILR in Oct 2019 then rather than deducting admin fee and telling me to apply in Oct or later they are trying to switch my route to 10 year family life
2)I have paid Health surcharge in my previous leave to remain application until Dec 2019, then why are they asking me more?
3) Also I have not signed any consent form to consider my ILR application for another visa type, then why are they considering it for limited leave to remain?

[CR001]

1. You can ignore the leave to remain offer as you still appear to have a valid visa. It is a standard generic letter. Unclear why you applied for ilr so early when you didn't qualify for it uet. You will lose the fee paid.

2. Ignore the IHS request and FLR offer.

3. The consent forms, there are 3 intotal and how many you get depends on your answers in the form, were at the end of the online application which you agreed for ho to checks etc.

[danielp01]

Apologies for this being a bit late but hopefully, it can help some one in this situation. I was recently refused for a similar reason although I had changed to the spouse of a British citizen.

but I simply wrote a letter to the home office breaking down the reasons why I felt they were wrong. I did not receive an explanation but instead, I received my ILR card less than a week after my letter.

It pays to contest.

I also applied for my ILR 2 months earlier but I realized my mistake before it was too late so I applied for an extension and then wrote to the home office requesting a full refund for my early ILR application. I was also given a full refund and an apology. My early ILR application had not been decided yet though.

Essentially, I am saying that it pays to write and speak to people. Do not be rude but be firm.

You also do not have to take the 10-year ILR, it is not mandatory.

In my letter, I asked the home office to simply justify the decision they made and why they did not take the evidence I supplied into consideration. I also asked for justification as to why I would be offered 10 years when I am already on a 5-year route.