Greenie wrote:Do you have a right of appeal?
The decision is correct as to why you don't qualify for leave under para 281.
What was their reasoning as to why you don't qualify for leave due to your family life?
Posted: Mon Dec 17, 2012 3:04 pm Post subject: Help please, spouse visa refuse after a long wait
Thank you greenie for your precious time
yes i have a right of appeal
Here is the Full Refusal below:
(1) the application has limited leave to remain in the united kingdom qwhich was given in accordance with any of the provisions of these rules, other than where as a result of that leave he would not have been in the united kingdom beyong 6 months from the date on which he was admitted to the united kingdom on this occasion in accordance with these rules.
you were granted discretionary leave to remain in the uk not in accordance with any of the provisions of these rules for a period of less than 6 months valid from 13 december 2011 until 29 febuary 2012 in view of this fact, the secretary of state is not satisfied that you are able to meet the requirements in terms of leave set out in paragraph 284(i)
therefore we refuse your spouse application under para 286 and reference to 284(I)
in refusing your application consideration has been given to your family life under article 8 which from july 2012 falls under appendix FM of the rules.
R-LTRP.1.1. The requirements to be met for limited leave to remain as a partner-
(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 E-LTRP.2.1.;and
(iii) paragraph EX.1.applies.
ELTRP.2.1 The applicant must not be in the UK-
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiance(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings.
In view of the fact that you are in uk with leave granted for a period of 6 months or less, the secretary of state is not satisfied that you are able to meet requirements of paragraph E-LTRP.2.1.
You there fail to meet the requirements of the immigration rules for this category and it has been decided to refuse your application for leave to remain as a spouse under the published immigigration rules D-LTRP 1.3 with reference to R-LTRP.1.1(d)
PRIVATE LIFE
consideration has been given to your claim that your removal would breach your right to respect for private and family life under article 8 of the europeon convention on human rights in that you enjoy private life in the united kingdom
your application to remain in the united kingdom has been determined under rule 276ade of the immigiration rules by virtue of rule 326b.
article 8 (2) provides that it can be lawful to interfere with the exercise of the right to respect for family and/or private life where it is in accordance with the law and is necessary in a democratic country, for the prevention of disorder or crime . for the protection of health or morals , or for the protection of the rights and freedom of others
you last entered united kingdom feb 2008
you have failed to demonstrate that you have had 20 years residence in the uk as required by rule 276ade(3)
therefore your claim is refused under paragraph 276BE with reference to 276ADE of HC395( as amended)
