HELP! Spouse FLRM invalid; unemployed; student VISA expired

Dear Knowledgeable Friends!

I am having trouble with my wife's FLRM application. Details are as follows:

Wife entered UK on a student VISA which expired 31 October 2009. We were married 24 October 2009 (after obtaining COA) and our first child was born 26th October 2009. Wife is currently on statutory maternity leave from her job and plans to return next year.

I am a British Citizen. However, i am currently unemployed after graduating from university July 2009 along with my wife as we both studied together. I am claiming Income based JSA; HB; Council tax benefit. Wife came to live with me since our marriage in October 2009 and i have informed council of our change of circumstances.

FLRM sent 29 October 2009 and receipt confirmed 2 November 2009. However, application returned as invalid 19 December 2009 due to my photograph being in the incorrect format. UKBA advised us over the phone that we will have to pay application fee again but request refund of fee for initial application.

Questions:
1, Are UKBA likely to actually repay initial application fee? As the only problem with the initial application was my photograph.

2, How will the fact that i'm not currently working and claiming benefits affect her FLRM?

3, While the application was being considered she retained her 'Student VISA' status but now it has been returned invalid is she considered to be 'overstaying'? If so, will this adversely affect her application even if we reapply within the next few days?

4, Should i mention to UKBA that we now have a child together even though he is British and therefore not applying for leave as a dependant? I considered mentioning him as his presence makes the situation alot more complicated (in addition he has been receiving regular medical treatment and required a lengthy hospitalization due to complications at birth).

5, I may receive a job offer shortly. The position is with a British company that has a new office in Czech Republic and if i am successful i will spend the first 6 months of employment stationed there. If i get that job i would want to bring my family with me for the 6 months, would that be possible?


Many Thanks for your help in advance and Merry Christmas!

See also Section 1 > 8.5.

Your wife's student visa has expired, therefore she is now classed as an over stayer.

Other people have stated on this forum that in this circumstance they have been refused a spouse visa for the reason that they are not in the UK on a valid visa and must return to their home country to apply for a visa for the UK.

Your son's medical treatment is not an issue, as he is british and so are you. He will however count as 1/2 a person for the finance test and accommodation tests - yes you should mention him as a dependent of you and your wife on her application form.

I don't have any experience of claiming back application fees so i can't comment, but in all the advice online it does say that application fees are non-refundable so make sure you get everything right before you send it in. (Your photo or your wife's photo? you shouldn't have needed to send a photo of yourself with your wife's application)

How soon are you going to be going to Czech republic? you would need to pass whatever visa rules they have there for your wife anyway, having a UK visa would not automatically grant you a czech visa

you may be better off getting the job under your belt, moving all the family to the Czech republic and then applying for a UK spouse visa before you come back to the UK and writing a cover letter to explain the overstay was due to an invalid photograph on your original application

but basically you're better off getting your wife out of the UK ASAP to avoid being accused of being an over stayer, plus, your current situation (no income and entirely on benefits) she is very unlikely to be granted a spouse visa anyway, you will be better off getting employment and arranging proper accommodation before applying

andyb123 wrote:Your wife's student visa has expired, therefore she is now classed as an over stayer.

Other people have stated on this forum that in this circumstance they have been refused a spouse visa for the reason that they are not in the UK on a valid visa and must return to their home country to apply for a visa for the UK.

Your son's medical treatment is not an issue, as he is british and so are you. He will however count as 1/2 a person for the finance test and accommodation tests - yes you should mention him as a dependent of you and your wife on her application form.

I don't have any experience of claiming back application fees so i can't comment, but in all the advice online it does say that application fees are non-refundable so make sure you get everything right before you send it in. (Your photo or your wife's photo? you shouldn't have needed to send a photo of yourself with your wife's application)

How soon are you going to be going to Czech republic? you would need to pass whatever visa rules they have there for your wife anyway, having a UK visa would not automatically grant you a czech visa

you may be better off getting the job under your belt, moving all the family to the Czech republic and then applying for a UK spouse visa before you come back to the UK and writing a cover letter to explain the overstay was due to an invalid photograph on your original application

but basically you're better off getting your wife out of the UK ASAP to avoid being accused of being an over stayer, plus, your current situation (no income and entirely on benefits) she is very unlikely to be granted a spouse visa anyway, you will be better off getting employment and arranging proper accommodation before applying

If he gets the job in Czech Rep and moves over there for more than 6 months then he can apply for one of those crappy EU visas as he's exercising treaty rights. Another way of spreading terrorism courtesy of the EU.