Spouse Visa delimma and issue

Zaqi wrote: ↑

Tue May 21, 2019 12:09 pm

Hi, I'm in a bit of a complicated situation in regards to my immigration matter and need some help and advice. I am a Pakistani National and married my wife who is a British Citizen over 20 years ago and my spouse visa has still not be granted or resolved due to my solicitor completely messing up my case and has since been closed down for misconduct and all my case details have been lost with him since he no longer exists and my case file is also sitting at the Home Office, so how do I go about resolving this do I now attend the Home Office in person to get an update or hire a new solicitor who will likely fleece me for an untold amount of money which I don't have since I am not working or allowed to work so don't have access to any funds. Also worried that Will the home office deport me once I attend there so am very worried and confused here as I do not know what to do or the best course of action?

Thanks in Advance for any help or advice.

Jhelumi wrote: ↑

Tue May 21, 2019 12:34 pm

Hello,

I don't think you can personally visit the Home Office.
You can approach your local MP and ask him for help if you want to know what is happening with your case.

What exactly is the issue with your visa?
What is your current immigration status?
Have you not kept personal copies of your applications and all other supporting documentation?
Are you currently living with your spouse?

CR001 wrote: ↑

Tue May 21, 2019 1:08 pm

When did you arrive in the UK?

What visa did you have when you came to the UK?

What application, if you know, did your previous solicitor apply for (form name)?

CR001 wrote: ↑

Tue May 21, 2019 1:15 pm

So what is your FULL immigration history and visas you have held in the UK from the date you came here???

When was the last application submitted as far as you know?

It is HIGHLY unlikely that HO has sat on an application for almost 20 years.

I came on a Visit Visa 30 years ago, overstayed so didn't have any status for around 10 years then married for the last 20 to my British Citizen Wife where the application was made.

My last application was made 20 years ago and then subsequently has been followed up through a few different solicitors who took my money and never followed up or updated me so I don't know where I stand?

The few letters of correspondence I did get back from the Home Office don't really state details of my visa status or cases o, unfortunately, I am in a very complicated and difficult situation and I don't know steps to take next in order to resolve this?

CR001 wrote: ↑

Tue May 21, 2019 1:32 pm

How did you marry in the UK, with HO approval or an Islamic ceremony??

Had Both marriage ceremonies official U.K Registered and Islamic one

Highly likely that it was either never made or you were refused etc and correspondence sent to whichever solicitor you had.

Yes, I agree that is highly likely what happened.

Did you ever update HO with your address for correspondence when your solicitor(s) went bust?

It is also likely a DLR or FLR(FP) application that would have been made, and probably refused.

You might need to do a Subject Access Request to find out what HO records state or submit a new application, which will cost over £2000.

Have you been using the NHS etc for free, working or anything??

No, I never updated the HO with my address since I had my solicitor at the time take care of that and since that legal firm went bust I didn't know what to do or how to update my address with the HO?

I haven't used any public services or been working because I am not allowed to because of my status.

CR001 wrote: ↑

Tue May 21, 2019 1:48 pm

All you could possibly do is apply on FLR(FP) 10 years private life. It will be a 4 2.5 year visa route to possible ILR.

These visas can take very long, often over a year, to get a decision.

You might also benefit from doing the Subject Access Request with HO to find out exactly ALL the information they hold.

CR001 wrote: ↑

Tue May 21, 2019 2:02 pm

https://www.gov.uk/uk-family-visa/private-life

https://www.gov.uk/government/publicati ... form-flrfp

Subject Access Request info link below.

general-uk-immigration-forum/how-to-do- ... 35376.html

secret.simon wrote: ↑

Tue May 21, 2019 2:15 pm

Which month and year did you arrive in the UK?

seagul wrote: ↑

Tue May 21, 2019 2:21 pm

also you maybe eligible for discretionary leave or ILR based on 20 years illegal & legal stay.

seagul wrote: ↑

Tue May 21, 2019 2:21 pm

also you maybe eligible for discretionary leave or ILR based on 20 years illegal & legal stay.

seagul wrote: ↑

Tue May 21, 2019 2:30 pm

https://www.freemovement.org.uk/what-ar ... residence/

seagul wrote: ↑

Tue May 21, 2019 2:30 pm

https://www.freemovement.org.uk/what-ar ... residence/

What kind of status does the 20 year rule lead to?
If the application is successful, an individual will be granted limited leave to remain for a period of 30 months. It will usually have a condition of “No Recourse to Public Funds” attached to it.

A person will then be eligible to apply for indefinite leave to remain once they have accumulated a period of 120 months (i.e. 10 years) lawful residence. So, under the 20 year rule, it will be 30 years from entry to the UK before the person is eligible to apply for settlement.

Zaqi wrote: ↑

Tue May 21, 2019 2:56 pm

seagul wrote: ↑

Tue May 21, 2019 2:30 pm

https://www.freemovement.org.uk/what-ar ... residence/

Would you know the Application procedure for this?

CR001 wrote: ↑

Tue May 21, 2019 3:25 pm

I have already given you the links for the FLR(FP) Private Life 10 year visa.