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My better half was declined leave to stay in UK after ticking the incorrect box

My better half has been declined indefinite leave to stay in the UK (ILR), despite qualifying, due to the fact that of deceptive advice and intransigent bureaucracy on the part of the Office. When she inspected if she was qualified on the federal government website, she was told she could apply as the partner of a British citizen. The website states: “If you have actually got a household visa as a partner or spouse on the five-year route, you must have been residing in the UK for 5 years.” She has been living here for 13 years and we married in 2013.

What the site ought to have stated is that candidates with family visas must have been living on the five-year path to ILR for five years. My spouse was placed on that in 2017.

If she had been directed to apply under long house– those who have actually lived legally and continuously in the UK for more than ten years and passed the required tests– she would have certified. However the Home Office is declining to grant ILR under this criteria since she applied under the wrong classification.

Due to the fact that of the mistake, she’s been given limited leave to stay, which indicates she has to wait another five years before she can reapply and we have actually needed to pay a ₤ 1,000 NHS additional charge. She lodged a reconsideration request on the basis the site was misleading, however the Home Office is sticking by its choice.

AM, Glasgow

Anyone seeking to develop whether they are eligible to settle in the UK is asked by the government website which option explains them finest. Number two on the list is whether they are the partner of a British resident. If they are, they’re told that if they have a family visa on the five-year route, which your wife does, they can obtain ILR supplied they have been resident for five years.

Fruitless have I discussed to the Office that a basic modification to a sentence would clarify what this means. It ought to say: “If you’ve got a household visa as a partner or spouse on the five-year path, you must have been living in the UK on this route for five years.” Your better half would have understood she needed to be resident for another year before she might use under the five-year category.

The long residence option isn’t pointed out in the eligibility requirements for those with British partners. To find that route, you need to return to the very first page of the eligibility check, overlook the truth you have a British partner and tick number 13 to declare you have actually lived legally in the UK for ten years.

You can’t tick both. The Home Office firmly insists the guidelines are clear. “The applicant was given leave on the five-year partner route in 2017 and the required full 5 years in the UK had actually not been completed when her indefinite leave to remain application was made in 2020,” it says.

When I questioned why those confused by the unclear wording have to wait another five years and pay another four-figure sum to reapply, I was informed your partner’s application would be reevaluated. A week later on she heard she had been approved ILR under long house.

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