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rsathish · Posted: Thu Sep 20, 2012 8:09 am Post subject: Spouse visa

What if one is making an application from outside UK? I can see the form is VAF4A but,
1) for long will the visa be granted
2) will these be treated as settlement visa, as they are only granting an extension of the leave isn't?

Thanks
Sathish

sushdmehta · Posted: Thu Sep 20, 2012 8:17 am Post subject:

1. Initial entry clearance will be granted for 33 months.
2. Extension can only be applied for from within the UK.
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rsathish · Posted: Thu Sep 20, 2012 9:54 am Post subject:

Yes, we did that but was asked to apply from outside UK as she stayed for <6months in the UK.

To give some background, my Tier 1 was set to expire on 6Aug2012, we got married last Nov and she got her visa (given until 6Aug) and came to UK in mid-Feb.

Now, I have my ILR and they rejected her FLR(M) application at the Croydon PEO citing that she had stayed for <6months in the UK and so can't apply from there.

I am now confused as to what visa they will grant her, Tier 1 dependant not possible, ILR not possible, FLR(M) not possible as application is made outside UK - so, what then?

sushdmehta · Posted: Thu Sep 20, 2012 10:21 am Post subject:

Whoever told you that at the PEO was definitely a complete moron. And Croydon PEO seems to have loads of them!! The worst bit is that your wife ends up paying dearly for the mistake of an ignorant UKBA employee.

I assume your wife must have left UK since then. And will need to apply for entry clearance as spouse of settled person. She will be subject to the new immigration rules introduced on 09-Jul-12, one of which is 5 years residency before becoming eligible for settlement.

Family life as a partner
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Greenie · Guru Joined: 21 Aug 2008 Posts: 6949

Did they actually refuse the application (ie you paid the fee and were issued a refusal letter) or did they just refuse to consider it?

rsathish · Posted: Thu Sep 20, 2012 10:51 am Post subject:

Well, our visas were filed through my employers' lawyers and when my wife's case was referred to the Sr case officer, they then apparently spoke to this Sr. case officer and suggested that instead of waiting for UKBA to respond with a letter after 2 months (citing this reason), it is better to withdraw the application & leave the next day as her visa was expiring too.

I don't even mind waiting for 5 years to apply for her settlement, but what worries is the long delay in getting any visa. Today she was asked to submit a TB medical certificate along with the application, as she intends to stay for >6months. They wouldn't buy the fact that she was screened here in the UK only this Feb, when she came on a dependent spouse visa. They now treat this a new application & hence, a further delay of 3 weeks.

The requirements keep changing every day.

sushdmehta · Posted: Thu Sep 20, 2012 11:09 am Post subject:

Ah! So a "lawyer" was involved too! In such case, I must say he is a bigger moron than any of the UKBA employees. And I have my doubts if what he told you was the true version of what happened on the day. Anyways, no point in pondering over what happened and why. What is done is done!

The TB requirement for applications in India was announced in May 2012 and detailed information published in August 2012. If you / your wife became aware of the requirement only now then unfortunately it is ignorance at your end and not UKBA's fault.
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rsathish · Posted: Thu Sep 20, 2012 11:40 am Post subject:

Why would the lawyer has to hide any facts? The company would have paid his fees if he had managed to get the visa. Withdrawing the application wouldn't be in the best of his interests right?

Moreover, I couldn't think of any other holes in the application other than this '6 month' requirement.

What to say about TB - it is so unfortunate. Can't blame anyone.

sushdmehta · Posted: Thu Sep 20, 2012 11:47 am Post subject:

Any "competent" lawyer would have known that there is no such requirement and he would have made sure that your wife's application is accepted (even if to be refused, which would have been unlawful and could have been easily appealed). Perhaps he didn't want to take care of the case up to that logical end and thought it wise to be happy with what he could earn on that day - by having your application approved.

Like I said, there is no point now in digging what happened and why. Guess there were a lot of morons involved that day - who was the biggest one makes no difference.

Concentrate on the current application and forget about the past. All the best.
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