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Wife needs ILR, missed appointment.

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nomaps
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Wife needs ILR, missed appointment.

Post by nomaps » Thu Feb 25, 2010 4:50 pm

Hi All,
My wife has reached the end of her two year spousal visa and is line to apply for ILR. We had an appointment booked on the 22/02 at Croydon but were unable to attend due to an accident (not our fault). This has caused a problems, to say the least!. Her visa runs from 14/3/08 to 14/3/10 and she entered on the 22/3/08 (which is stamped on the visa). We are unable to get a new appointment before the 14th and are in a real bind.

I have a few questions which I hope someone could answer.

1. I've read that normally a visa is granted for 27 months to allow for the 2 year residency and 3 months to apply for ILR. Why was she only given two years, and does she have grounds to stay on even though her clearance is technically expired?

2. If she has to leave the country before the 14th to be in breach of immigration rules, what is the best way for her to get a visa to return? Will she be able to get a visitor's visa to return, and can she apply for ILR holding one? Or does she need to get a new 2 year spousal visa? She is a Chinese national.

Finally, she needs to have her passport for business reasons as she works in the travel industry so cannot rely on a postal application.

Any help or advice would be most gratefully received.

John
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Post by John » Thu Feb 25, 2010 4:58 pm

Using your numbering :-
  1. It was only the summer of 2008 that 27-month visas started to be issued, and your wife's visa was issued before that.
  2. Very simple really ... apply by post! Make sure it is posted before the visa expiry date. Indeed post it as soon as possible.
The fact that she needs her passport for work is less important than the matter of her visa.

So you have saved £200, the fee differential between an in-person application and a postal one.
John

nomaps
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Post by nomaps » Thu Feb 25, 2010 5:02 pm

Thanks John

1. Ok, I understand.

2. If only. She needs her passport as she needs to be back in China for business, so the postal option is ruled out as it takes months. Which of the two visa options is best for getting her back into the country?

John
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Post by John » Thu Feb 25, 2010 5:30 pm

OK, another idea. You mention an appointment at the Croydon PEO. But have you tried for an appointment at any other PEO. You are not restricted to your nearest one.

The point is that it will be less hassle overall having to travel to Birmingham, Sheffield, Glasgow, or wherever, than the alternative of having to apply for a new spouse visa outside the UK.
John

giz
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Post by giz » Thu Feb 25, 2010 5:45 pm

Nomaps,
Keep trying online, especially evenings between 6 & 8 pm. You will probably with a bit of luck get a booking?

Alternatively call the HO for an appointment at any of the 6 UK PEO offices. Call at 8:59 am on the dot and you will get throught to a human being after about 5 minutes.

Good luck and don't give up on getting an appointment. I've been through exactly the same myself in the last couple of days and I managed to get one! :)

Giz :wink:

nomaps
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Post by nomaps » Thu Feb 25, 2010 5:46 pm

Yes, tried them all. Nothing Within our time limit. Is coming back on a visitor's visa to reapply out of the question?

giz
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Post by giz » Thu Feb 25, 2010 5:58 pm

I was told over the phone by the HO that all appointment slots were booked at Croydon PEO up to the 7th April. Then low and behold I got an online booking for 17th March the same day :o

I realise that you need a booking before the 14th March, but honestly keep trying, you might be pleasantly surprised :D

I can't really give you much advice on the other option of leaving the UK to come back in on a new visa to re-apply...........sorry :cry:

John
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Post by John » Thu Feb 25, 2010 6:08 pm

Is coming back on a visitor's visa to reapply out of the question?
Yes, out of the question for a number of reasons. Firstly it is highly unlikely a visitor visa would be issued, if only because you are living here. And even if granted she would not be allowed to work, and would not be permitted to convert to another visa in the UK.

The only alternatives are to apply for ILR in the UK, prior to the expiry date of her current visa, or apply for a 27-month spouse visa in her country.
John

nomaps
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Post by nomaps » Thu Feb 25, 2010 9:12 pm

Guys,
Thanks for all your help.

nomaps
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Post by nomaps » Thu Feb 25, 2010 9:14 pm

One last question, would a solicitor be able to get an appointment before the 14th? My wife has heard that a solicitor usually has pre-booked appointments. Is this likely to be true?

vinseh
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Post by vinseh » Thu Feb 25, 2010 10:27 pm

nomaps wrote:One last question, would a solicitor be able to get an appointment before the 14th? My wife has heard that a solicitor usually has pre-booked appointments. Is this likely to be true?
yes that's true, the solicitors have different system of booking appointments and they are usually able to get slots in a weeks time.

good luck!

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