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Dependant Visa (Spousal)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Kunlala1
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Joined: Wed Dec 21, 2011 10:00 am

Dependant Visa (Spousal)

Post by Kunlala1 » Wed Dec 21, 2011 10:44 am

Hi Guys,

My wife is British and I successfully applied and got my dependant visa, the thing is that I was given a 1 year spousal visa but I was expecting to receive a 2 year one instead. :shock:

Is this the norm now or can I contest this :?:

I have had the visa for about 6 months now and I am unsure about whether to apply for an indefinite leave to remain (ILR) in June 2012 or reapply for the remaining 1 year and then the ILR and after that the British passport. I don’t even want to think of how much this is going to cost me but I can honestly do without having to pay for the extra 1 year spousal visa that should have been 2 years in the first instance. :( :cry:

Can anyone kindly advise?

Many thanks

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Dec 21, 2011 11:20 am

If you applied for entry clearance as spouse of a British citizen, you should have been granted leave for a period for 27 months (282(a)).
If you switched to FLR(M) leave by making an in-country application, you should have been issued leave for a period of 2 years (285).

See also ECB19.2 An incorrect endorsement (not Tiers 1, 2 or 5 under PBS)

What does the endorsement on the vignette say? Is it "Settlement Spouse / CP (KOL REQ)"?
Last edited by geriatrix on Wed Dec 21, 2011 11:57 am, edited 2 times in total.
Life isn't fair, but you can be!

Kunlala1
Newly Registered
Posts: 3
Joined: Wed Dec 21, 2011 10:00 am

Post by Kunlala1 » Wed Dec 21, 2011 11:26 am

She got her British citizenship this year via the 10 year route.

We got married 3 years before she got her ILR and citizenship and I was previously on the tier 1 general visa before switching to the dependant visa and have been in the UK since 2004 but started out as a student.

thanks

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Dec 21, 2011 11:59 am

sushdmehta wrote:If you switched to FLR(M) leave by making an in-country application, you should have been issued leave for a period of 2 years (285).

See also ECB19.2 An incorrect endorsement (not Tiers 1, 2 or 5 under PBS)
Click on the link given ... and contact the named UKBA unit.
Life isn't fair, but you can be!

Kunlala1
Newly Registered
Posts: 3
Joined: Wed Dec 21, 2011 10:00 am

Post by Kunlala1 » Wed Dec 21, 2011 12:07 pm

I switched using the FLR(M) in country but I was given a year visa..

Can I still get this rectified even though I have had it for about 5-6 months? If yes, what are the steps to go round this?

Many thanks for your prompt replies.

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