one stop warning

Hope someone can help.

My wife was refused an extension to her visa (We applied using a FLR) whilst I wait for my final interview for a visa to emigrate to the United States.

The refusal letter stated that She now had to inform the IND of any reasons why she should be allowed to stay in this country and not be removed.

We wrote back enclosing further information we we had received in between our original application and the refusal letter which supports our case.

The thing was that was nearly 3 weeks ago and we haven't even had an acknowledgement from the IND that they have received the further information.
Luckily I know it was delivered as it was sent Special Delivery.

firstly, how long does it take them to reply? and secondly can they reverse their original decision based on my new documentation?

What should I expect to happen next? - not sure how/when/if to appeal based on this one stop thing. very confusing

Hope someone can help,
Chris

did they tell you why she was refused?

Not really... just seemed to be a standard style letter saying that the secretary of state believed that the case was not compassionate enough to extend stay.

blakey,

Can you provide more details so that we can better understand your situation.

1. What visa category is your wife on? Is she on a dependent visa?
2. If she is on a dependent visa. what visa are you on and when does it expire?
3. Any particular reason why she had to apply for extension alone and you didnt need to?
4. You said you were processing your visa application to go to the US. Did this hamper the quality of documentation required for an FLR? Section 11 of the FLR(IED) form enlists all mandatory evidence you need to attach with your application. Was this provided?

1) My wife was on a 6 month visitor visa . It expired on January 18th 2005 - Although we applied for FLR back in December prior to its expiry.
- We were told by an immigration officer when we entered the UK that if my visa application to go to the US looked like it was going to last over the 6 months to apply for FLR. This was also confirmed when I emailed the IND.

2) Not a dependent visa.

3) I don't need to apply as I am a UK Resident

4) We sent them all the documentation that we had been sent at that time by the US Embassy and since we submitted our request for FLR I got further information which means I will soon have my final interview. this information was sent back to the IND when we recieved the one stop warning and refusal letter.

In between submitting the orginal request for FLR and receiving the one stop warning my wife was getting very sick and I found out that she needs to have surgical hernia removed. I paid for her to see my Doctor and he has referred her to a specialist. I submitted this new information along with the one stop warning reply including the doctors referral letter.
and stated that As I would be moving to the US soon I would prefer to pay for the minor operation over here and let my wife recover before we had to go through all the hassle and hard work of moving.

Blakey

blakey1152 wrote:I don't need to apply as I am a UK Resident

And what category of residence is this i.e. right of abode, indefinite, limited? Further if it is not ROA or Indefinite to what validity is it and what are the relevant nationalities (your's and your spouse's?

Note that a visitor is only given leave to enter or remain in the UK as applicable for a maximum of 6 months. Such can be extended by the Home Office for 6 more months to a maximum of 12 months - this requires the applicant to demonstrate the most compelling/extenuating circumstances usually of a medical nature or bereavement.

I have a UK passport and was born in Ipswich.
My wife however, is from the United States of America.

She was applying for further leave to remain on a limited basis.

Blakey1152

Blakey1152,

There are multiple FLR categories and it is not clear which one your wife applied for - did she use a form FLR (M) or FLR (O)?

FRL (M) - used where the spouse of a settled person (includes British Citizens) applies to remain in the UK on the basis of said marriage. Under the immigration rules those admitted for six months or less i.e. visitors (unless on a fiance visa) cannot switch status to the spouse route.

FLR (O) - Used where any person present in the UK wishes to extend their stay in other categories (including as a visitor) other than the one above.

In either case (only you can verify which although I presume the former) the Home Office have applied the immigration rules correctly. The one stop appeal is linked to the Human Rights Act given your settled status but an appeal will be dismissed. When is the op? You may get a discretionary extension to cover this and a short term recovery period pending the nature of the illness.

Hope things go well