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Permit refused - what are our options?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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zkajo
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Posts: 5
Joined: Wed Oct 24, 2018 7:51 pm
Poland

Permit refused - what are our options?

Post by zkajo » Tue Feb 12, 2019 9:23 am

My wife (she's Ukrainian, I'm a Polish national) has just received her passport via post - it was blank, meaning the permit was refused (as I understand). There was no refusal letter. She didn't receive a refusal letter by e-mail either.

She claims (and I don't know where she got this from, but I cannot convince her otherwise) that we need to pay for the refusal letter, as some additional option in our application. I understood that it was standard practice to give the refusal letter automatically.

First question: will we receive the refusal letter, and if so when is it likely?

Secondly: What are our options? Settled status is coming in in a few weeks. Can she apply as my wife from outside the UK on the grounds of me being here for X years? Should we reapply going through TLS centre again, or can we send evidence directly? I think they did a shoddy job of sending evidence.

Thank you all for your considerate replies!

NikiGio
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Posts: 422
Joined: Wed Sep 19, 2018 11:18 am
Location: London
Mood:
Italy

Re: Permit refused - what are our options?

Post by NikiGio » Sun Mar 03, 2019 12:35 pm

zkajo wrote:
Tue Feb 12, 2019 9:23 am
Secondly: What are our options? Settled status is coming in in a few weeks. Can she apply as my wife from outside the UK on the grounds of me being here for X years? Should we reapply going through TLS centre again, or can we send evidence directly? I think they did a shoddy job of sending evidence.

Thank you all for your considerate replies!
She needs to be in the UK to apply for Pre-Settled Status. She should be able to enter the country with her marriage certificate and proof of your residence/working status here, and then apply for Pre-Settled Status from 30 March as the non-EEA wife of a resident EEA citizen.

What is your status - do you have PR or Settled Status or other HO document?
I am not an immigration lawyer. My comments are opinions, not legal advice.

NikiGio
Member of Standing
Posts: 422
Joined: Wed Sep 19, 2018 11:18 am
Location: London
Mood:
Italy

Re: Permit refused - what are our options?

Post by NikiGio » Sun Mar 03, 2019 12:45 pm

ps: if you look at other posts on travelling without a FP, you will see there is a risk that your wife may be refused entry to the UK if travelling without a FP. In theory, she should be able to enter with her passport, marriage certificate (check if this needs to be professionally translated) and proof of your employment/residential status here and you waiting for her at the UK airport - but there have been cases of non-EEA spouses refused entry because they didn't have a FP.
You may want to consult a lawyer on this - the pro-bono lawyers on UKCEN could help initially.
I am not an immigration lawyer. My comments are opinions, not legal advice.

Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Permit refused - what are our options?

Post by Obie » Sun Mar 03, 2019 1:54 pm

It is important to establish what the basis of the refusal is.
Smooth seas do not make skilful sailors

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