Confusing visa acceptance letter. FLR accepted or back to start again?

Hi,

My wife's FLR(M) application back in 2017/18 was hamstrung by myself, nobody told me of the NHS surcharge rule change, that makes np sense to a UK citizen(as wife has always been to use the NI credit of the husband, anyway...) That wonderful Theresa May

Anyway, can someone please decipher the attached approval letter. Due to my mistake, and a missing response letter from the application centre, we never made the required payment until a month after their first no show letter. So, Jess was briefly on Immigration Bail.
Her acceptance letter enclosed hints that she is starting her 60 day route, but not clearly stating this. How I love the clarity of immigration legal english.
Please can anyone cast some light on this? 

Tried posting links to page images below.  Hopefully it works.
We don't know for sure if she is now applying for her ILR or re-applying for her FLR(M)!  It is a costly procedure so we want to be careful so we proceed.

Thanks in advance,
Richard

https://1drv.ms/u/s!AptJhvygVmakg4lv-XHj8tIJNKnhyg?e=O1bvnt [nofollow]
https://1drv.ms/u/s!AptJhvygVmakg4lwVoS76NZ4kUVS_Q?e=Rnuvcf [nofollow]

Please remove your links as it gives full name and address. This is a public forum and we don't know who is reading. Then blank out all personal details and post the link.

thanks.

I had blacked them out, but adobe grabbed the image under the blacked out section. Had to print it again to pdf and grab that image.
Richard

thanks.

I had blacked them out, but adobe grabbed the image under the blacked out section. Had to print it again to pdf and grab that image.
Richard

I've only been able to get into the first link but that is an acceptance letter on the 5 year route. It's the desired result.
Did your wife arrive on a spouse or fiancé visa? When? When does the BRP expire?

Just to note that the IHS is unrelated to NI payments.

Arrived on a spousal visa in 2015, FLR Dec 2017, supposed to be ILR before end of July.
The NI payments are the UK funding for th NHS, in theory, and if the husband had fully paid up his wife would automatically be covered as well. Now the IHS is the immigration equivalent, but only to the NHS. where as the National Insurance payment is for social services, unemployment benefit as well as the NHS, etc.

Here is page 2 again https://1drv.ms/u/s!AptJhvygVmakg4lwVoS76NZ4kUVS_Q?e=ihfAKu [nofollow]

regards.
Richard

My wife's FLR(M) application back in 2017/18 was hamstrung by myself, nobody told me of the NHS surcharge rule change, that makes np sense to a UK citizen(as wife has always been to use the NI credit of the husband, anyway...)

Your National Insurance is not for your wife, it's just your National Insurance record and is for your state pension only and for certain benefits only for you and not for your wife.
https://www.gov.uk/national-insurance

Your wife has to build her own record of Natioanal Insurance for a UK state pension.

That wonderful Theresa May

The Immigration Health Surcharge (nothing to do with National Insurance) wasn't May, it was a new law with the coalition government of the Conservatives and Liberal Democrats and all the the other political parties and the Lords, who voted for the Bill that became law in 2014. IHS started 6 April 2015 and your wife had to pay the IHS to get a visa.

So, Jess was briefly on Immigration Bail.

Was she put on Immigration Bail as she was an overstayer?

Her acceptance letter enclosed hints that she is starting her 60 day route, but not clearly stating this.

That February 2018 letter states that she applied for LLR for a 5 year partner  visa on 18 January 2018 which is granted with a 30 month visa and that she may be eligible for settlement in 5 years. The second part of the letter tells her to apply for further FLR before that vias expires, for another 30 month visa. 




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The NI payments are the UK funding for th NHS, in theory, and if the husband had fully paid up his wife would automatically be covered as well.

No it didn't. It used to be that anybody who was lawfully residing in the UK (not illegal or a visitor) could use the NHS bill free as they were ordinarily resident. Some British citizens (UK state pensioners?)  living in certain countires, in certain conditions, could also visit the UK for bill free NHS.

The Immigration Act 2014 changed the defination of ordinarily resident to, those who have a valid  ILR or British citizenship and who are living in the UK. Brits living abroad can now be billed and some residents in the UK are now billed too, with 50% added to the bill if they don't have insurance to pay.

Your wife on a spouse visa, could use the NHS bill free if she had a valid UK visa, but she would only get that Limited Leave to Remain visa from 6 April 2015, if she paid the IHS.

If she has broken her 5 year route to ILR, then it looks like her 5 years to ILR starts again with her new visa in 2018. If she has overstayed, it will likely affect British citizenship.

Can you give the dates of her immigration and the start and end dates of those visas.

Hi Sirius,

The difficulty we have is that we applied for FLR.
Never received the mid December letter, paid the IHS within a week of the second letter and re applied, which we would have done had we received the December letter.

So now we get penalised for a shoddy mail service?
Also it states on the letter that we applied for limited leave to remain, not Further leave to remain.  Surely they could have worded it clearer. 'You have applied for further leave, but due to x and y we are only giving you limited leave.'

I was also referring to Theresa May, Home Secretary in the coalition govt, not PM May.
Regards,
Richard

Limited Leave to Remain IS Further Leave to Remain.... you applied for FLR(M) and you got it.

Limited Leave is ANY visa that is time-limited (i.e. any visa that is not permanent residence/ILR).

- Your wife's spousal visa was Limited Leave to ENTER the UK

- Your wife's FLR(M) is Limited Leave to REMAIN in the UK... it's just called FURTHER leave because it is a visa extension.

- When she applies for ILR, she will be given Indefinite Leave to Remain (instead of Limited Leave to Remain)

So, I don't understand what you think she has been penalised for... she applied for FLR(M), she paid the IHS and she got FLR(M).

End of story.

The letter you posted is the exact same approval letter that EVERYONE who applies for FLR(M) receives when their visa has been approved. I don't see anything in that letter about a 60-day period.

Now all she needs to do is apply for ILR before the end of July.

For the record, here are the official requirements for FLR(M) from the immigration rules for family members:

Section R-LTRP: Requirements for limited leave to remain as a partner
R-LTRP.1.1. The requirements to be met for limited leave to remain as a partner are-

(a) the applicant and their partner must be in the UK;

(b) the applicant must have made a valid application for limited or indefinite leave to remain as a partner;

and either

(c)
(i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner;

or

(d)
(i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain;
and
(ii) the applicant meets the requirements of paragraphs E-LTRP.1.2-1.12. and ELTRP.2.1.;
and
(iii) paragraph EX.1. applies.

Due to my mistake, and a missing response letter from the application centre, we never made the required payment until a month after their first no show letter. So, Jess was briefly on Immigration Bail.

Was overstaying an expired visa, the reason she was put on immigration bail?
http://www.legislation.gov.uk/ukpga/2016/19/schedule/10

Hi Sirius,

Yes, the immigration bail was due to the initial visa ending in December. Though again, other than the bail letter, no communication as to whether this is definitely the case.
Why do they bother asking for your rnail address if they don't know how to use it, rhetorical.
We are basically waiting to see what we get back from SARU, as to what the situation is now.
Will keep you posted
Richard