Hi,
I applied for the extension of my Uk spouse visa on a 5 year route on the 18th Dec 2018. However, on 15th February 2019 i received my documents back from the HO along with a letter stating that my application had been refused.
My BRP expired on the 3rd of Dec, and I was 15 days late in my online application which became the ground for refusal.
The reason for late application was that I applied for my English Language Proficiency Assessment from UK NARIC on 11th Nov 2018, due to receive the certificate within 10-13 days. However, after the 10 days when UK NARIC dispatched my certificate, I never received it. I called NARIC on 31st Nov explaining that I hadn't received my certificate and my BRP is expiring in 4 days, to which they responded that a document is not considered lost by Royal Mail until atleast 15 days have lapsed from the date of dispatch and a replacement certificate can only be issued and mailed on the 15th day. On the 15th day, I requested for a new certificate to be sent and paid for , the correspondence of which i have on email. I received the certificate on 17th Dec (by that time my BRP had already expired and was over by 14 days).
I explained on my application that this became the reason for late application (over by one day) which was not good enough reason for home office.
- We meet the financial requirement
- We meet the relationship requirement
- I meet the English language requirement
- We do not have a child, so no special circumstances are considered for my application.
I have been given the right to appeal within 14 days of refusal and have sought initial advise from a few solicitors but have got a very mixed response.
Some solicitors believe that this is a very straight forward case hence we should definitely appeal, however, i do not have the right to work anymore (I had been working for 2 years and 3 months in UK)
Others believe that it would be much quicker and easier to go back to my home country, Pakistan, and re-apply as a new applicant and do the process all over again.
I want to ask the experts here what to do, as I need to make a decision in the next two days and I cannot decide what is best to do here, stay in UK and fight my case (upto a year, with no right to work) or go back and make a new application and gain a visa within 1-2 months ?
Any quick responses would be very much appreciated.
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