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Spouse visa extension rejected

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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

vikmeon
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Spouse visa extension rejected

Post by vikmeon » Sun Dec 31, 2017 12:50 am

Dear all,
I need urgent advice about my wife's Visa,she had applied for extension of visa following 2.5yrs of stay in U.K. We were not aware of the new A2 level English test, she had passed A1 level before coming to the country. Now her visa has been rejected and we have another 4 days left before appealing for review. Please guide me as what to do. We found out just today. They have kept her passport with them. Can she take the test and reapply, don't know how to go about it. Any help/ advise in this regard will be much appreciated.

Obie
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Location: UK/Ireland
Ireland

Re: Spouse visa extension rejected

Post by Obie » Sun Dec 31, 2017 1:06 am

She needs A2 for second renewal. You need to file in an appeal. They will not return her passport as she has no leave to remain at present.

This is the reason why it helps to seek legal advise before applying, as things are changing ever so frequently.

Do you have children or a child?
Seasons greetings to everyone and a prosperous 2020

vikmeon
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Re: Spouse visa extension rejected

Post by vikmeon » Sun Dec 31, 2017 1:17 am

Many thanks for the reply, we do not have children.

vikmeon
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Re: Spouse visa extension rejected

Post by vikmeon » Sun Dec 31, 2017 1:18 am

Do we apply for appeal? Then take the A2 English test? Would she not need her passport for taking the test?

vinny
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Re: Spouse visa extension rejected

Post by vinny » Sun Dec 31, 2017 1:20 am

Has her leave expired?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Location: UK/Ireland
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Re: Spouse visa extension rejected

Post by Obie » Sun Dec 31, 2017 1:20 am

https://www.gov.uk/government/uploads/s ... s_v1.1.pdf

The difficulties is you will not get her passport to do the test. You will need to file an appeal.

In this age in the UK, there is no second chance when it comes to immigrant. Always seek legal advise when unsure.

A legal advice that may have costed 100£ is unfortunately going to cost hundreds of pounds now.
Seasons greetings to everyone and a prosperous 2020

Obie
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Location: UK/Ireland
Ireland

Re: Spouse visa extension rejected

Post by Obie » Sun Dec 31, 2017 1:23 am

vikmeon wrote:
Sun Dec 31, 2017 1:18 am
Do we apply for appeal? Then take the A2 English test? Would she not need her passport for taking the test?
Her original visa would have expired. The law permits Home office to withhold her passport if her leave has expired. They will not return her passport now. Without the passport, you cannot do the test.
Seasons greetings to everyone and a prosperous 2020

vikmeon
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Posts: 16
Joined: Sun Dec 31, 2017 12:38 am

Re: Spouse visa extension rejected

Post by vikmeon » Sun Dec 31, 2017 1:26 am

Many thanks for the reply oboe, what options do we have now? Apart from appealing?

Obie
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Re: Spouse visa extension rejected

Post by Obie » Sun Dec 31, 2017 1:31 am

Apart from appealing, the other option is to make her go home and apply and you may be apart for 3-4 months.

Only better option involves appealing, and then to see if an MP may convince Home Office to send passport to a centre where test is conducted, you then withdraw appeal after test had been taken , or go it all the way and explain to judge about your ignorance of the legal system.
Seasons greetings to everyone and a prosperous 2020

vikmeon
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Posts: 16
Joined: Sun Dec 31, 2017 12:38 am

Re: Spouse visa extension rejected

Post by vikmeon » Sun Dec 31, 2017 1:34 am

Many thanks,
Will speak to an advisor Tuesday.

vinny
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Re: Spouse visa extension rejected

Post by vinny » Sun Dec 31, 2017 2:10 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vikmeon
Newly Registered
Posts: 16
Joined: Sun Dec 31, 2017 12:38 am

Re: Spouse visa extension rejected

Post by vikmeon » Sun Dec 31, 2017 7:27 am

Thanks vinny,
I suppose we need to appeal and apply for the English test and ask for return of passport.

waitingforspouse
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Re: Spouse visa extension rejected

Post by waitingforspouse » Sun Dec 31, 2017 8:58 pm

does she have a drivers license/provisional license? I'm sure that could be used to ID her no ??
perhaps brp could be used?

vikmeon
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Posts: 16
Joined: Sun Dec 31, 2017 12:38 am

Re: Spouse visa extension rejected

Post by vikmeon » Sun Dec 31, 2017 9:34 pm

She doesn’t have driving license nor the brp.
We are very worried 😢

waitingforspouse
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Re: Spouse visa extension rejected

Post by waitingforspouse » Sun Jan 07, 2018 1:23 am

Have you spoken to a lawyer/immigration adviser?
If so what have they advised you of?

vikmeon
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Joined: Sun Dec 31, 2017 12:38 am

Re: Spouse visa extension rejected

Post by vikmeon » Sun Jan 07, 2018 7:03 am

They advised appealing first to get some time to plan return to home country and restart the process allover again ,

Obie
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Re: Spouse visa extension rejected

Post by Obie » Sun Jan 07, 2018 9:15 am

vikmeon wrote:
Sun Jan 07, 2018 7:03 am
They advised appealing first to get some time to plan return to home country and restart the process allover again ,
That is not a good advise. What Vinny and I suggested is worth considering.
Seasons greetings to everyone and a prosperous 2020

vikmeon
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Posts: 16
Joined: Sun Dec 31, 2017 12:38 am

Re: Spouse visa extension rejected

Post by vikmeon » Sun Jan 07, 2018 1:50 pm

Hi Obie,
We are planning to take the English test here, but we thought we will withdraw the appeal when ny wife is ready to go back and reapply from india.

Obie
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Location: UK/Ireland
Ireland

Re: Spouse visa extension rejected

Post by Obie » Sun Jan 07, 2018 2:43 pm

No need for her to return to india if the test can be taken here. That will not amount to a good advise.
Seasons greetings to everyone and a prosperous 2020

vikmeon
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Posts: 16
Joined: Sun Dec 31, 2017 12:38 am

Re: Spouse visa extension rejected

Post by vikmeon » Sun Jan 07, 2018 4:28 pm

Okay, wearewaiting for the appal letter to come and then apply for the English test.will keep u updated. We are scared if it takes along time for appeal and that she cannot travel abroad during this time.

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