Indefinite Leave to Remain Appendix FM | Continuous Residence
Case facts
The Appellant applied for indefinite leave to remain (ILR) as a Partner under Appendix FM, however the application was refused on the grounds that the Appellant did not complete the 60 months as required by the immigration rules. The Home Office refused the application albeit they had requested the evidences and granted the Appellant under the 10 years route to settlement under the parent route. The entire decision was wrong and there was no right of an appeal.
Outcome of the matter
We decided to lodge a grounds of representation. We advised the Appellant and her Sponsor that we need to make a formal submission. The evidences were not reviewed by the Home Office Case Worker when we reviewed the decision letter.
A grounds of representation with a Letter of Intent was served, with detailed facts of the case, schedule of issues and our grounds of submission. We made reference to the evidences and submitted those.
After 2 days, the Home Office granted the ILR after agreeing that the decision was wrong. We found that the decision was wrong and unlawful from the outset. If this was not going to be granted, the Appellant was required to pay the IHS fees for the extension, plus 3 more visa extension costs and spending more time in the UK to be granted the ILR.
End.
