Looking for help

My wife's spouse visa was due to expire on the 6th of January 2016, so in December we rang the home office for advice on permanent residency. We were given the wrong information and stupidly submitted the EEA PR form instead of the set m. We only realised when my wife's right to work was stopped, we have now submitted the set m along with a covering letter explaining the situation.

We understand and accept that visas can take up to 6 months but we are really worried about the restrictions on her work, it has given her anxiety attacks something she has never had before. I was just looking to ask if anyone has been through something similar and what happened with the right to work

How long has your wife been on a spouse visa?

Casa wrote:How long has your wife been on a spouse visa?

Since September 2011 we have been told she can apply for set M as she entered the country before 2012 and can apply by the old rule after being in the country after 2 years

Sorry for all the questions, but if your wife entered the UK in 2011 on a 2 year spouse visa, how was the expiry date not until Jan 2016?

Casa wrote:Sorry for all the questions, but if your wife entered the UK in 2011 on a 2 year spouse visa, how was the expiry date not until Jan 2016?

We extended her leave to remain after the first spouse visa expired. We are now worried that we won't pass the financial requirements as she is currently not allowed to work due to the wrong advice given to us, we even have a letter from her work saying they will reempoly her once the right to work is sorted.

Do you have any income? Unfortunately this is an example of the appalling advice that the Home Office 'help line' is notorious for giving, even on the most basic enquiries. Even more concerning, I have never known them to take responsibility for their errors.

Casa wrote:Do you have any income? Unfortunately this is an example of the appalling advice that the Home Office 'help line' is notorious for giving, even on the most basic enquiries. Even more concerning, I have never known them to take responsibility for their errors.

I earn around £1550 a month, I have a sickening feeling about the whole process. We have been up for the past 3 nights being sick with worry. I served 8 years in the Army and the thought that my wife may have to leave the country we both love because of poor advice makes me angry. We are still waiting for confirmation of the correct application and waiting to see what they do reguarding her right to work.

We extended her leave to remain after the first spouse visa expired.

How long between expiry and the extension application was there? When was this?

Why has she not applied for ILR sooner?

Has she done Life in the UK and does she meet the English Language Requirement?

CR001 wrote:

We extended her leave to remain after the first spouse visa expired.

How long between expiry and the extension application was there? When was this?

Why has she not applied for ILR sooner?

Has she done Life in the UK and does she meet the English Language Requirement?

She's got both ielts and life in the uk. The first extension we did was in 2013 and we applied on time, we did extension rather than PR because we was unaware she was entitled to set m. This time we submitted the incorrect form well before the expiry but it wasn't until almost 2 months later we realised we had been given the incorrect advice. We were advised not to withdraw the incorrect one and submit the correct one with a covering letter explaining the situation. We are still waiting to here back but they have already deducted the money for new application

She should be fine with Set(M) now and it should be granted without any problems.

As she is under the old rules pre July 2012, she/you do not have to meet the financial requirement.

CR001 wrote:She should be fine with Set(M) now and it should be granted without any problems.

As she is under the old rules pre July 2012, she/you do not have to meet the financial requirement.

Thank you for the advice. Yes first spouse visa was granted September 2011 and extension sometime in 2013.

Good luck and let us know the result.

as we are swapping a visa in process does anyone know if we will recive a new case id as we are waiting to here back to recheck my wife's right to work? The money was frozen in our account today so it seems they have opened our new application

Good luck! and sorry to hear about the ordeal because of wrong advice from the home office 'help-line' !

O_Relly wrote:Good luck! and sorry to hear about the ordeal because of wrong advice from the home office 'help-line' !

Thank you

As a SET(M) application doesn't require extant leave, it would be worth asking your wife's employer to confirm her continuance of right to work with the UKVI Employer's Checking Service.

Here's the link:
https://www.gov.uk/employee-immigration ... ent-status

We are currently still waiting to hear back with a new application and answer on my wife's right to work, even though the money was taken 2 weeks ag everything seems to have stalled . We have heard back from our MP today who said he will do everything in his powers to get a answer back from the Home Office and get my wife back into work ASAP. Our question is, how much power do MPs have when it comes to an individual's visa?