ILR Application Rejection

[amithaj]

Hi,

I applied for ILR(Indefinite leave to remain) on march 2021. yesterday i received an email from `home.office.atlas@notifications.service.gov.uk` mentioning that `the Home Office has deemed the application you have submitted as incorrect.` and below is the exact copy of the email received.

`Dear Mrs xxxxxxx,

Ref: xxxx-xxxx-xxx-xxxx

We are writing to you regarding your application for indefinite leave to remain made on 04 March 2021 under the reference above.

You have submitted an indefinite leave to remain application as the spouse of a settled person, this application will be assessed under Appendix FM of the Immigration Rules.

Having assessed your immigration history, the Home Office has deemed the application you have submitted as incorrect.

To be granted indefinite leave to remain you must have completed 5 years under paragraph D-LTRP.1.1 of the Appendix FM route.

Please see your immigration history below:

On 10 April 2015, you applied for entry clearance as a Tier 2 Partner. This was granted from 13 April 2015 up to 18 Apr 2018. You entered the UK on..

On 11 April 2018, you applied for Leave to remain as Tier 2 Skilled Worker – Dependant Partner Joining Relatives. This was granted from 18 April 2018 up to 18 April 2021.
You have now applied for Indefinite leave to remain as spouse of a British Citizen on 04 March 2021.

Unfortunately, your leave cannot count towards time on the spouse route. The Home Office would most likely refuse your application. In order to qualify for Indefinite leave to remain as a spouse, you are required to complete 60 months on the 5 year Spouse route.

I would like to offer you the opportunity to reapply on the appropriate route.
In order to do this, we will need you to resubmit a new application of Leave to remain as a Tier 2 Dependant Partner, before we withdraw the current application for Indefinite leave to remain.

As your last visa expired in March 2021, you are currently covered by 3c leave. If you withdraw your current application with us before submitting a new one your 3c leave you will be cancelled. This could have a negative impact on your future applications with us. You would also become an overstayer and may be liable to be removed.

If you chose to submit a new application on the correct route, please inform us and we will get your current application withdrawn and refunded. You will receive a full refund minus a £25 administration fee, should you choose to withdraw.

Please take some time to weigh up your options and confirm how you would like to proceed within the next 10 working days by responding directly to this email.

Please address the email to Miss A Rahim and contact me via UKVISETM@homeoffice.gov.uk
and reply before 09 September 2021.

I look forward to hearing from you.

Yours sincerely,

Xxxxx
Marriage & Family Team – Manchester

UK Visas and Immigration

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.`


To give the background of my Visa's till date, I entered UK as tier 2 dependent in 2015 as my husband was on tier 2 visa and the visa was granted for initially for 3 years between 2015 - 2018 and then he got his ILR in 2017 and during my visa extension in 2018, i applied for PBS dependent visa and completed 5 years in uk(including tier 2 dependent and PBS dependent) and then applied for ILR in March 2021 but received an email on 26th August 2021 stating i am still not eligible to apply for ILR and should complete 5 years using PBS dependent route.

Not sure how to proceed. Tried calling visa immigration number given during the application submission but no response. Any help would be greatly appreciated!

[CR001]

Did you apply for ilr on form Set M?

If yes, it is the wrong form. You should have applied for ilr on form SET O as a PBS dependent visa holder.

The email is telling you applied for ilr under the wrong category and giving you an opportunity to apply using the correct form, SET O. You will have to pay the fee again.

[amithaj]

Thanks for your prompt response.I have small query
Does switching from tier 2 dependent to PBS dependent resets my 5 year clock or am i still eligible for applying ILR under SET(O) category?

[CR001]

Tier 2 dependent and PBS dependent is the SAME visa category.

[amithaj]

Many Thanks!!