Quote Originally Posted by tone View Post
Hi Peter
We applied for ILR for my Wife last week and was refused because I thought is was 2 years after entering the UK but the .......s told us She had to be under FLR for 2 years and the initial visa didnt count.
I am obviously very peeeed off because we lost our £1426 fee in this refusal and we have been told to reapply in Jan and repay the fee..
I have written to my MP about this because even though we complained to a supervisor we were misled and our complaint fell on deaf ears.

As you can imagine we are still pretty sore about this - so it may be worth clarifying that the 2 years.

Cheers
Tone
Hi Tone, firstly let me say I'm so very sorry to learn about this.

I do hope your MP will be able to find a way to secure a refund.
You made an 'honest' mistake and I personally feel you should get one.

I cannot stress enough the importance of following all the UKBA rules whenever dealing with them.

There are many postings here in the forum about ILR eligibility such as this one here posted just a couple of weeks ago.

In the quote you use in you post I have highlighted the key part:-

Quote Originally Posted by Terpe View Post
Under the 'old-rules' ILR eligibility is 24 months living in UK as spouse...........
Here's what UKBA state about applying for ILR under form SET(M):-

Can I apply using this form?

You should use application form SET(M) if you:

currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here;
have lived here for 2 years in this category; and
are still planning to live together .................

If we gave you permission to remain in the UK as an unmarried or same-sex partner and are now applying to settle here as the husband, wife or civil partner of the same person, your 2-year qualifying period started on whichever is the later of these two dates:

the date when we gave you permission to remain as an unmarried or same-sex partner; or
the date when you arrived in the UK.

Please do not send us your application more than 28 days before the end of your 2-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.
Michael, as I understand it your wife entered UK as a spouse? In which case the eligibility for ILR is 24 months living in UK as spouse. Application can be made 28 days before the 24 month anniversary.
As long as you comply with the rules you'll have no issues.