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Help/advice required, both panicking and scared

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

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

THO
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Re: Help/advice required, both panicking and scared

Post by THO » Fri Jul 19, 2019 12:15 pm

Hi Trevor,
I tried to PM, but it said some people do not have permission to read PM, so I guess you're right, you need to be here longer.
Stay in touch through here, as would like to find out how it goes for you both.
You should make contact with your MP though, as he/ she might just be able to get to the bottom of your refusal, without the need to involve expensive solicitors, and also you can speak to him/ her about allowing your wife to remain while you sort things out.
What part of the country you in? I'm North Herts.

trevor-austin
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Re: Help/advice required, both panicking and scared

Post by trevor-austin » Fri Jul 19, 2019 9:48 pm

THO wrote:
Fri Jul 19, 2019 12:15 pm
Hi Trevor,
I tried to PM, but it said some people do not have permission to read PM, so I guess you're right, you need to be here longer.
Stay in touch through here, as would like to find out how it goes for you both.
You should make contact with your MP though, as he/ she might just be able to get to the bottom of your refusal, without the need to involve expensive solicitors, and also you can speak to him/ her about allowing your wife to remain while you sort things out.
What part of the country you in? I'm North Herts.
I have an appointment with my mp in mid August. Earliest I can get. Im in Leicestershire so not very far. She is allowed to rain for now on immigration bail, for about 90 days while we de ide on the next step, which I think will be the spouse visa.

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Casa
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Re: Help/advice required, both panicking and scared

Post by Casa » Fri Jul 19, 2019 9:59 pm

I wish you luck, but I still believe that your wife's right to remain in the UK ceased when she separated from her previous partner. As I mentioned before, it's not possible to switch to another spouse visa from within the UK after the previous relationship was no longer subsisting.

Being given permission to marry by the Home Office doesn't grant legal status, it simply means that they have accepted the relationship is genuine.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

trevor-austin
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Re: Help/advice required, both panicking and scared

Post by trevor-austin » Fri Jul 19, 2019 11:43 pm

Casa wrote:
Fri Jul 19, 2019 9:59 pm
I wish you luck, but I still believe that your wife's right to remain in the UK ceased when she separated from her previous partner. As I mentioned before, it's not possible to switch to another spouse visa from within the UK after the previous relationship was no longer subsisting.

Being given permission to marry by the Home Office doesn't grant legal status, it simply means that they have accepted the relationship is genuine.
Not ideal, but maybe the way it is.

Even though we told them and they chose to do nothing? So you think she will need to return to Zimbabwe then apply for the spouse visa from there? And if that is the case, presumably there should be no problems at all getting that from there as we lived together for 2+ years and are married?

Also, if that was the reason for the refusal, that you can't switch, which I hate but understand, aren't they obliged to say that on the refusal notice? It isn't even hinted at.

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Re: Help/advice required, both panicking and scared

Post by Casa » Sat Jul 20, 2019 12:38 am

trevor-austin wrote:
Fri Jul 19, 2019 11:43 pm
Also, if that was the reason for the refusal, that you can't switch, which I hate but understand, aren't they obliged to say that on the refusal notice? It isn't even hinted at.
Probably due to the fact that she wasn't switching to a spouse visa, she was applying for further leave to remain which is a visa extension.

FLR(FP) is an application to extend a current visa and the circumstances on which this was issued had changed. In fact, my understanding is that at the time of the application, her visa was no longer valid and hadn't been from the time she separated from her ex-partner. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

trevor-austin
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Re: Help/advice required, both panicking and scared

Post by trevor-austin » Sat Jul 20, 2019 7:03 am

Casa wrote:
Sat Jul 20, 2019 12:38 am
trevor-austin wrote:
Fri Jul 19, 2019 11:43 pm
Also, if that was the reason for the refusal, that you can't switch, which I hate but understand, aren't they obliged to say that on the refusal notice? It isn't even hinted at.
Probably due to the fact that she wasn't switching to a spouse visa, she was applying for further leave to remain which is a visa extension.

FLR(FP) is an application to extend a current visa and the circumstances on which this was issued had changed. In fact, my understanding is that at the time of the application, her visa was no longer valid and hadn't been from the time she separated from her ex-partner. :idea:
OK thanks I'll discuss with the solicitor Monday.

Maybe now that she is on immigration bail, therefore legally here it might be seen that she isn't on a visa at all, maybe they are doing us a favour refusing and putting her on immigration bail.

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Casa
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Re: Help/advice required, both panicking and scared

Post by Casa » Sat Jul 20, 2019 8:10 am

Your wife isn't on Immigration Bail as she hasn't been detained. She is currently under a Notice of Removal which doesn't grant her legality in the UK. See the information in the link below regarding an amendment to the Home Office Removal Notice allowing an extension in the (generally) 3 month window.

https://righttoremain.org.uk/deferral-o ... ce-period/

Scroll down the page for guidance on the amendment

Also click on the link in the word 'here' when you're reading through the amendment for the full Home Office guidance. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

trevor-austin
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Re: Help/advice required, both panicking and scared

Post by trevor-austin » Sat Jul 20, 2019 12:13 pm

Casa wrote:
Sat Jul 20, 2019 8:10 am
Your wife isn't on Immigration Bail as she hasn't been detained. She is currently under a Notice of Removal which doesn't grant her legality in the UK. See the information in the link below regarding an amendment to the Home Office Removal Notice allowing an extension in the (generally) 3 month window.

https://righttoremain.org.uk/deferral-o ... ce-period/

Scroll down the page for guidance on the amendment

Also click on the link in the word 'here' when you're reading through the amendment for the full Home Office guidance. :idea:
Thanks for that but I do have a letter from the home office saying exactly the words
"You are liable to enforced removal to Zimbabwe, etc........
I hereby grant you immigration bail subject to the following conditions ."
Followed by 3 check boxes, the only one ticked is she is not allowed to work. So there is no question she is on immigration bail.

I have also spoken to a specialist immigration solicitor this morning at length and great cost who said that she is allowed to switch spouse visa as long as the previous one wasn't revoked.
As we notified them with the change of circumstances form and notified them with about 20 phone calls in December 2017 a month later of this, all recorded on her case file, and phone records proving hours of talking to home office numbers there is no question that although they could have revoked her visa they chose not to, maybe because they didn't get round to it, but the visa expired naturally at full term and after we had put the new visa application in on 22nd December 2018, a year after we notified them.
So it appears we are good to go for the flr(M) visa, which is also the one the solicitor confirmed we should be applying for. Whether it gets approved is another story of course.

THO
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Re: Help/advice required, both panicking and scared

Post by THO » Mon Jul 22, 2019 1:22 pm

Hi Trevor,

So pleased to hear your good news about re-application. Bit of a relief for now. I got bad news today, visa turned down because no VFA4 form and no unaudited accounts supplied. I spoke to HO help-line and confirmed I do not need VFA4, since I none of the criteria for filling out are applicable to me, i.e. I am not settled in UK, I am resident.
I also do my accounts myself since they are very simple, so I do not have an accountant, so no unaudited accounts available. So not sure if that means I am stuffed or not. My receipts are in lots of foreign languages, so would be hard / expensive for any accountant to do the retrospectively.

Why do the HO not take into account that I have never claimed one penny in dole money? Honestly, so depressed now.

But pleased for you.

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Re: Help/advice required, both panicking and scared

Post by CR001 » Mon Jul 22, 2019 2:11 pm

THO wrote:
Mon Jul 22, 2019 1:22 pm
Hi Trevor,

So pleased to hear your good news about re-application. Bit of a relief for now. I got bad news today, visa turned down because no VFA4 form and no unaudited accounts supplied. I spoke to HO help-line and confirmed I do not need VFA4, since I none of the criteria for filling out are applicable to me, i.e. I am not settled in UK, I am resident.
I also do my accounts myself since they are very simple, so I do not have an accountant, so no unaudited accounts available. So not sure if that means I am stuffed or not. My receipts are in lots of foreign languages, so would be hard / expensive for any accountant to do the retrospectively.

Why do the HO not take into account that I have never claimed one penny in dole money? Honestly, so depressed now.

But pleased for you.
You should start your own topic with your refusal etc questions/circumstances rather than tagging onto this one, just to avoid confusion and the topic becoming a jumble of different users posting.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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