Non Payment of IHS - Spouse LR Refused - IS96 served

Dear Friends,

My brother's wife (non-eea) has been in UK for 2 and half years (on spouse settlement), hence applied for extension (Leave to Remain) of her spousal visa (5years route).

She applied about 2weeks for extension before her first 2 and half years completed.

She completed the application forms by herself. She did not know that she had to pay for Immigration Health Surcharge, as she came in to UK nearly 3years ago, hence non-existence of IHS at the time of her Entry Clearance application.

She did the Biometric process all ok. She does not remember of being asked to pay the IHS at any point.

For some reason, her visa application has been refused and IS96 Notice of Detention/Removal has been served on her to go and report to Immigration centre every two weeks.

Her visa expired on the first week of November 2015. So the 28days overstaying is gone pass.

She has just received the IS96 this week.

Please could you advice what she can do?

Appeal against the decision, reapply visa with IHS Payment, Review, etc?

she is stressed... Please help.

She has a dependant child (non-eea)

Advice pls..

Many thanks for your help

When was the refusal received and what is the reason(s) given? Does it mention the right to administrative review?

They were required in Law to inform you to pay the NHS surcharge before invalidating the application.

It is totally unlawful.

Thanks so much.

She has reapplied.

Hello,

Please when you reapplied, What happened ?

Can you explain further. We are in a similar Case.

Thanks