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What type of Visa I should apply

Family member & Ancestry immigration; don't post other immigration categories, please!
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Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

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Oxford84
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What type of Visa I should apply

Post by Oxford84 » Sun Jul 19, 2020 3:52 pm

Good Afternoon board members
Hope all is well
Would like to ask few questions if any one can help please.

Friend of mine is going to apply for extension but don’t know which category he needs to apply

He came in 2015. Spouse/CP visa of Mrs.... 5 years route to ILR. ( to mention here he didn’t show income of £18600 when he 1st applied for visa. HO granted him visa in 5 years to ILR route)

When he applied for extension in 2018 HO granted him visa in different category route to 10 years ILR
Reason they have said is English Language certificate was not submitted when applied.
They didn’t ask to submit new certificate otherwise my friend would have done that

Now which visa category he needs to apply now?

He had 1st visa Spouce/CP
2nd Leave to remain Which type of categories are these???

Can he apply for ILR now? If not which visa category should he apply now? He don’t want to go for 10 years route

Any help will be appreciated

Regards

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CR001
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Re: What type of Visa I should apply

Post by CR001 » Sun Jul 19, 2020 4:10 pm

He cannot apply for ilr yet as his route has changed. He needs to either switch back to the 5 year FLR m and start 5 years again from scratch or he applies for FLR fp extension on the 10 year route he already is.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Oxford84
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Re: What type of Visa I should apply

Post by Oxford84 » Tue Jul 21, 2020 1:55 pm

CR001 wrote:
Sun Jul 19, 2020 4:10 pm
He cannot apply for ilr yet as his route has changed. He needs to either switch back to the 5 year FLR m and start 5 years again from scratch or he applies for FLR fp extension on the 10 year route he already is.
Thanks CR001 for your promote reply.
He didn’t know he needs English Language Certificate When he applied for extension last time
HO did send him a letter to send some other documents but they didn’t ask for English Certificate either
Can we justify this As when HO Sent a letter they didn’t ask for Certificate???


Thanks again for your help

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CR001
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Re: What type of Visa I should apply

Post by CR001 » Tue Jul 21, 2020 1:58 pm

Can we justify this As when HO Sent a letter they didn’t ask for Certificate???
It is the applicant's responsibility, always has been, to make sure they meet the requirements and submit all the mandatory evidence.
Char (CR001 not Casa)
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vinny
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Re: What type of Visa I should apply

Post by vinny » Tue Jul 21, 2020 2:57 pm

If he had at least an A2 English language test certificate at that time, then complain to the caseworker.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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.

Oxford84
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Re: What type of Visa I should apply

Post by Oxford84 » Tue Jul 21, 2020 10:15 pm

vinny wrote:
Tue Jul 21, 2020 2:57 pm
If he had at least an A2 English language test certificate at that time, then complain to the caseworker.
Thanks Vinny. When he 1st Applied for Visa he did submit English Language certificate but after he arrived some immigration rules were changed and English certificate had to be certified From SELT

Is there any possibility can We argue with HO with regards to this Matter now?? Or is it too late For now and We should just simply apply for 2nd extension Now and wait until he is eligible for ILR?

Thanks again for both Of you for your help and kindness

Oxford84
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Re: What type of Visa I should apply

Post by Oxford84 » Tue Jul 21, 2020 10:20 pm

CR001 wrote:
Tue Jul 21, 2020 1:58 pm
Can we justify this As when HO Sent a letter they didn’t ask for Certificate???
It is the applicant's responsibility, always has been, to make sure they meet the requirements and submit all the mandatory evidence.
Thanks CR001. It was his fault as well as he didn’t check immigration rules changed but also the other side when HO sent him a letter they didn’t ask for Certificate just ask for other documents which were missing.

Is there any way something can happen? Or is it too late for now and we should simply apply for further extension. Thanks again for both of you for your help and kindness

vinny
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Re: What type of Visa I should apply

Post by vinny » Tue Jul 21, 2020 11:53 pm

As matters stand with limited time, I think he should apply in-time for an extension to prevent overstaying.

However, there is no harm in also asking them whether the caseworker should have requested the correct English test and given him the opportunity to produce it under the evidential flexibility policy. Refer to the linked judgment. If they admit that it was their mistake, then they may correct it somehow?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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.

Oxford84
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Re: What type of Visa I should apply

Post by Oxford84 » Wed Jul 22, 2020 6:26 am

vinny wrote:
Tue Jul 21, 2020 11:53 pm
As matters stand with limited time, I think he should apply in-time for an extension to prevent overstaying.

However, there is no harm in also asking them whether the caseworker should have requested the correct English test and given him the opportunity to produce it under the evidential flexibility policy. Refer to the linked judgment. If they admit that it was their mistake, then they may correct it somehow?
Ok Thanks Vinny
One last thing can you please give me email or postal address of HO where i can send them Letter or email with every single details and papers so they can respond me accordingly?
When i look GOV website for details they give me this contact number 0300 123 2241 to contact HO for general immigration enquiry. I would rather send them email or letter where i can describe complete details of the case of my friend.

Again thanks for your help and kindness

Regards

geoeng
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Re: What type of Visa I should apply

Post by geoeng » Wed Jul 22, 2020 7:25 am

If it's a complaint about their service, you could try the contact details on the web page linked below. Contacting your MP for assistance might also be worthwhile as they likely have more direct contacts available within the Home Office.

https://www.gov.uk/government/organisat ... -procedure
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Oxford84
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Re: What type of Visa I should apply

Post by Oxford84 » Wed Jul 22, 2020 10:15 am

geoeng wrote:
Wed Jul 22, 2020 7:25 am
If it's a complaint about their service, you could try the contact details on the web page linked below. Contacting your MP for assistance might also be worthwhile as they likely have more direct contacts available within the Home Office.

https://www.gov.uk/government/organisat ... -procedure
Thanks Geoeng. But we have no complain to HO service We just want to ask them of we can apply for ILR as it was a error from there side when they sent a letter they didn’t ask for English Language Certificate. If we can get HO email or postal address where we can send Detail letter/email With other documents. Will appreciate your help

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seagul
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Re: What type of Visa I should apply

Post by seagul » Wed Jul 22, 2020 11:49 am

Oxford84 wrote:
Wed Jul 22, 2020 10:15 am
geoeng wrote:
Wed Jul 22, 2020 7:25 am
If it's a complaint about their service, you could try the contact details on the web page linked below. Contacting your MP for assistance might also be worthwhile as they likely have more direct contacts available within the Home Office.

https://www.gov.uk/government/organisat ... -procedure
Thanks Geoeng. But we have no complain to HO service We just want to ask them of we can apply for ILR as it was a error from there side when they sent a letter they didn’t ask for English Language Certificate. If we can get HO email or postal address where we can send Detail letter/email With other documents. Will appreciate your help
There isn't any designated email/postal address rather a covering letter/complain letter can be uploaded along with other supporting documents at UKVCAS website.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Oxford84
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Re: What type of Visa I should apply

Post by Oxford84 » Wed Jul 22, 2020 4:43 pm

seagul wrote:
Wed Jul 22, 2020 11:49 am
Oxford84 wrote:
Wed Jul 22, 2020 10:15 am
geoeng wrote:
Wed Jul 22, 2020 7:25 am
If it's a complaint about their service, you could try the contact details on the web page linked below. Contacting your MP for assistance might also be worthwhile as they likely have more direct contacts available within the Home Office.

https://www.gov.uk/government/organisat ... -procedure
Thanks Geoeng. But we have no complain to HO service We just want to ask them of we can apply for ILR as it was a error from there side when they sent a letter they didn’t ask for English Language Certificate. If we can get HO email or postal address where we can send Detail letter/email With other documents. Will appreciate your help
There isn't any designated email/postal address rather a covering letter/complain letter can be uploaded along with other supporting documents at UKVCAS website.
Ok thanks Seagal but will we have to do this when we apply for extension?

Regards

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