SET(M) application with Wrong Visa issued by Home Office

[xvip3000]

Dear All,

I am currently applying ILR base on SET (M) for my wife. We have a 10 years old daughter with a British citizenship.

In 2015, my wife first applied for a Spouse visa, since I have an ILR. (I believe according to the immigration rule, home office should always issue a spouse visa as the first choice, consider my wife and I was already married at the time)

But strange enough, the Home office issued her with a 2.5 years visa base on the fact she is a mother of a British child, and she was directed to a 5 years Parent route (to ILR). So in principle, she will get ILR this year.

We didn't take a second thought about this result, as we thought it is the same as a (5Years Route) spouse visa.

However, in 2017, when my wife went to renew her visa, Home office issue her with a 2.5 years Spouse Visa instead, and redirected her to a brand 5 years Patner route !

When we bought the result to our immigration advisor, he believes my wife should still be entitled to ILR application this year. It was the home office's mistake to issue her with a Parent route in the first place.

But now we are worrying about the outcome if my wife got rejected with ILR application. Would she be offered another 2.5 years visa instead? Or we have to submit another application afterwards?

Thank You!

[CULLINAN]

Did you meet the income threshold in 2015? Usually you are only put on the child route on basis of the “qualifying child” i.e. your British child in your case when you do not meet the income requirements.

Did you meet the income requirements in 2017?

Why did you not raise this issue with HO in 2017?

[xvip3000]

Did you meet the income threshold in 2015? Usually you are only put on the child route on basis of the “qualifying child” i.e. your British child in your case when you do not meet the income requirements.

Did you meet the income requirements in 2017?

Why did you not raise this issue with HO in 2017?

Yes, my income definitely meets the requirement back in 2015 and 2017. Unfortunately, at that time, I was not so clear with the rules, so didn't raise any doubt after receiving a parent visa. I only realised something is not right after the 2017 renew, but the immigration advisor claims it will be OK to apply after this 2.5 years visa.
We tried to find him again last month, but his office is no longer there. That's why we are quite panic now ...... plus the application fee is now £2400, it will be such a waste of money to get nothing back at the end.

[CULLINAN]

Unfortunately, your wife will have to complete the 5 years on partner route before she can qualify for ILR. The ILR clock resets when you switch. She should have challenged the wrong decision in 2015/2017.