ILR Refused...Need help on Jargon

[EddyGutbucket]

Hi, My last resort as I just don't understand the reasons why my friends application has been refused.
It may be entirely valid but I just do not understand what they give as reason for the application failing.

Is there anyone who could read the attached and explain to a layman of average intelligence what this means. The application cost £2408 and now they are asking for over £1500 (Health Surcharge) within 10 days or the application is refused.

Many thanks in anticipation of any assistance. The email I received regarding my friends application is as follows...the RED type is the section I need help on.

Thank you for your application for indefinite leave to remain. Your application has not been considered by the Secretary of State personally, but by an official acting on their behalf.
We have considered your application and you do not qualify for Indefinite Leave to Remain. The reasons for this are set out in Annex A to this letter.
However, we are satisfied that you would fall to be granted limited leave to remain of 30 months on the basis of R-LTRPT.1.1 (a), (b) and (d) of Appendix FM, were you to make a valid application for such leave. The detailed reasons for this are set out in Annex A.
In these circumstances, in accordance with the consent you gave on the application form, we are now treating your application as an application for limited leave to remain. However, under paragraph 6(1)(c)(ii) of the Immigration (Health Charge) Order 2015, we will be obliged to treat your application for limited leave to remain as invalid if you do not comply with a requirement to pay an immigration health surcharge by the date specified. In respect of your application, in order for it to be valid and for you to be granted limited leave to remain, you must pay an immigration health surcharge of £1560.00 by 27 April 2022.
Annex B to this letter sets out what the surcharge is for, how the amount you must pay has been calculated and how you must pay it.
What this means for you
If you do not pay the immigration health surcharge by the specified date, your application for limited leave to remain will be rejected. This means that you will not be granted limited leave to remain and your application fee will not be refunded. You will not be able to appeal this decision and you may be liable for removal from the United Kingdom.
Further information
You have 10 working days from the date of this letter to pay the immigration health surcharge.

Yours sincerely,
Xxxxxx
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.

ANNEX A
Re: 1212xxxxxx
Date of decision: 13 April 2022
Detailed consideration
Immigration History

You applied for Leave to Remain as a parent on the basis of your Family and Private Life on 27 January 2016. You were granted Leave to Remain from 09 June 2016 to 06 January 2019 under D-LTRPT.1.2 (10 Year Route).

Following this, you applied for Leave to Remain as a parent on the basis of your Family and Private Life on 04 January 2019. You were granted Leave to Remain from 21 June 2019 to 23 December 2021 under D-LTRPT.1.2. ( 10 Year Route )

You then applied for Indefinite Leave to Remain on 14 December 2021

Reasons you would not qualify for a grant of indefinite leave to remain (ILR)
As the spouse of a person present and settled in the United Kingdom seeking indefinite leave to remain, your application falls for consideration under Section R-ILRPT of Appendix FM of the Immigration Rules which states:
R-ILRPT.1.1. The requirements to be met for indefinite leave to remain as a partner are that-
(a) the applicant and the child must be in the UK;
(b) the applicant must have made a valid application for indefinite leave to remain as a parent;
(c) the applicant must not fall for refusal under any of the grounds in Section S-ILR: Suitability for indefinite leave to remain;
(d) deleted
(e) the applicant must meet all of the requirements of Section E-ILRPT: Eligibility for indefinite leave to remain as a partner.
In order to meet the requirements of R-ILRPT.1.1 (e), you must demonstrate that you meet the requirements of Section E-ILRPT: Eligibility for indefinite leave to remain as a parent.
Section E-ILRPT.1.3. states:
E-ILRPT.1.3. (1) The applicant must, at the date of application, have completed a 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 paragraph D-ECPT.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRPT.1.1.; or
(iii) a combination of (i) and (ii);
or
(b) at least 120 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECPT.1.1. or D-ECPT.1.2.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRPT.1.1. or D-LTRPT.1.2.; or
(iii) a combination of (i) and (ii).
(1A) In respect of an application falling within sub-paragraph (1)(a) above, the applicant must meet all of the requirements of Section E-LTRPT: Eligibility for leave to remain as a partner (except that paragraph E-LTRPT.1.2. cannot be met on the basis set out in sub-paragraph (c) of that paragraph, and in applying paragraph E-LTRPT.3.1.(b)(ii).
(1B) In respect of an application falling within sub-paragraph (1)(b) above:
(a) the applicant must meet all of the requirements of paragraphs E-LTRPT.1.2.-1.12. (except that paragraph E-LTRPT.1.2. cannot be met on the basis set out in sub-paragraph (c) of that paragraph) and E-LTRP.2.1. – 2.2.; and
(b) paragraph EX.1. must apply.

As you have only previously been 60 months of leave to remain as a parent on the basis of your family life under paragraph D-LTRPT.1.2, you fail to meet the requirements of E-ILRP.1.3 of Appendix FM. In order to qualify for settlement, you must have completed a continuous period of at least 120 months in the route that you were last granted under.

In order to qualify for settlement, you would need to show that you meet all the requirements of R-ILRPT.1.1. Full consideration has not been given to all of the requirements of R-ILRPT.1.1 (e), this includes the financial requirements set out in E-LTRPT 3.1 to 3.4. You have failed to demonstrate that you meet the requirements of R-ILRPT.1.1 (e) with reference to E-ILRPT.1.3. (a) and (b). Your application for indefinite leave to remain 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 your application for indefinite leave to remain is refused under paragraph E-ILRP.1.3 of the Immigration Rules.

Reasons you would qualify for a grant of limited leave to remain
Your application has been considered for limited leave to remain under the Immigration Rules, including the partner routes contained within Appendix FM.

As you have a parental relationship with children who is a British Citizen, we are satisfied that you would meet the requirements of paragraph R-LTRPT.1.1 (a), (b) and (d) of Appendix FM (10-year route) because of your family life.

Once you have paid the immigration health surcharge, your application will be treated as a valid application for limited leave to remain and you will be granted 30 months’ limited leave to remain in the UK.

ANNEX B – THE IMMIGRATION HEALTH SURCHARGE
Re: 1212xxxxxxxxx
Date of decision: 13 April 2022
The Immigration Act 2014 received Royal Assent on 14 May 2014. Section 38 of the Act provides the power by Order for migrants to pay a surcharge as part of their immigration application. The surcharge is a financial contribution to the National Health Service (NHS). Once you have paid the surcharge and your immigration application is successful, you will be able to access the NHS in the same way as a permanent resident for as long as your leave to remain is valid. This means you will receive NHS care free of charge, except for those services a permanent resident would also pay for.
How the surcharge you must pay has been calculated
The surcharge is £624 per person per year. Applicants are required to pay for the maximum period of leave that can be granted on the basis of the application which they have made.
You are being considered for a grant of 30 months and must therefore pay a surcharge of £1560.
When and how you must pay the surcharge
You must pay the surcharge within 10 working days from the date of this letter.
You must pay the surcharge by accessing the online immigration health surcharge (IHS) payment portal via the gov.​uk web pages at the following address: https://www.immigration-health-surcharg ... ment/start where you must enter your details and select the FLR (FP) category. Please do not select any other category, as this will not calculate the correct amount.
The portal will provide you with a unique IHS reference number. You do not need to contact us with this reference number. We will check the portal after 10 working days to check that you have paid, before completing a decision on your application.
A failure to pay the immigration health surcharge will mean your application for limited leave to remain will be treated as invalid, we will not be able to grant you limited leave to remain and your application fee will not be refunded. You will not be able to appeal this decision and you may be liable for removal from the United Kingdom.

[ywlgy]

The applicant was put on 10 year family route according to the letter, so they will need 10 years family visa to be eligible for ILR. UKVI now offers to vary their application to another 30 months visa, which attracts IHS payment.

[zimba]

The family route leads to ILR under two routes: The 5 years route (after 60 months) and the 10-year route (after 120 months)
Your friend was granted leave under the 10-year family rules both in 2016 and 2019 meaning that he/she needs 10 years of lawful continuous residence before being eligible for ILR. Your friend only managed to complete 60 months and hence has not qualified for ILR yet as per rules. Instead of refusing the application, the UKVI is offering to extend his visa instead if he/she pays the required IHS fees. Pretty standard