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uk spouse visa extension refusal - Appeal or reapply?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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eeman24
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Posts: 1
Joined: Tue Feb 19, 2019 8:34 pm
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uk spouse visa extension refusal - Appeal or reapply?

Post by eeman24 » Tue Feb 19, 2019 9:11 pm

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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seagul
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Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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Re: uk spouse visa extension refusal - Appeal or reapply?

Post by seagul » Wed Feb 20, 2019 12:06 am

you should definitely appeal and add these genuine unavoidable reasons of out of time application. But unfortunately you might not get the protection of section 3C which usually gives the same rights as were before the expiry of visa because your application was out of time.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

MultreesLaw
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Posts: 3
Joined: Mon Feb 19, 2018 9:16 pm
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Re: uk spouse visa extension refusal - Appeal or reapply?

Post by MultreesLaw » Wed Feb 20, 2019 7:56 pm

I suggest you to leave the UK and apply for Entry Clearance as soon as you can.

You were rightfully refused, unfortunately, in accordance to the Immigration Rules. Therefore although the judge believes that you are in a genuine relationship with your husband and are financially self-sufficient, the Home Secretary made the correct decision in refusing the application. Hence the result could well be that the decision remains and you could be advised to return to your home country to made a valid application to enter the UK again or apply for discretionary leave. Imagine, going down this route, the time it takes for court hearings, documents you need to submit, and legal fees as well as stress and emotion...

The most efficient way is to leave the UK and apply to enter again. Providing all required documents are provided, you will be granted EC.

Good luck!

smj_jak
Newbie
Posts: 45
Joined: Tue Jul 09, 2013 12:49 pm

Re: uk spouse visa extension refusal - Appeal or reapply?

Post by smj_jak » Tue May 07, 2019 2:30 pm

eeman24 wrote:
Tue Feb 19, 2019 9:11 pm
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.

Hi,
What was the prof of English you have used when you get your initial spouse visa ? It was not UK NARIC letter ?

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