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Spouse Visa extension refused need help!!!

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Heram
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Re: Spouse Visa extension refused need help!!!

Post by Heram » Wed Oct 30, 2019 12:00 pm

Last time our solicitor applied for 10 years partner route but the HO refused it because we didn’t meet financial requirements .

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Re: Spouse Visa extension refused need help!!!

Post by geoeng » Wed Oct 30, 2019 12:09 pm

Heram wrote:
Wed Oct 30, 2019 12:00 pm
Last time our solicitor applied for 10 years partner route but the HO refused it because we didn’t meet financial requirements .
Not meeting the financial requirement and not demonstrating in the application how you meet the financial requirement would be two completely different situations. As everyone else has noted, without knowing exactly why it was refused (like the specific wording), it is difficult to provide any helpful advice unfortunately.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Heram
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Re: Spouse Visa extension refused need help!!!

Post by Heram » Wed Oct 30, 2019 12:45 pm

You have told us that you are in a relationship in the uk with your partner who is named above as you are eligible to apply as a partner under appendix FM we have considered your claim under 10 year partner route and not parent route we have considered your application under Paragraph R-LTRP.1.1.(a),(b)and(d) of appendix FM however you do not qualify for leave to remain under the 10 year partner route for the following reasons.

Family life
We have considered your application under the private life rules under paragraph 276ADE(1) in part 7 of the immigration rules. However you do not qualify for leave to remain under the 10 year private life route for the following reasons.

Suitability
Your application does not fall for refusal on grounds of suitability in section S-LTR of appendix FM under paragraph 276ADE(1)(i) of the imagination rules.

Eligibility
You have therefore lived in the uk for 2 years 7 months and it is not accepted you have lived continuously in the uk for at least 20 years. Consequently you fail to meet the requirements of paragraph 276ADE(1)(iii) of the imagination rules.

You are over the age of 18. Consequently you fail to meet the requirements of paragraph 276(1)(iv) of the imagination rules.

You are not aged between 18 and under 25 years. Consequently you fail to meet the requirements of paragraph 276(1)(v) of the imagination rules.

You therefore fail to meet the requirements of EX.1.(b) os appendix FM of the imagination rules so paragraph EX.1.does not apply in your case.

You have not raised anything that would lead us to believe you have a child in the uk and so do not meet the requirements of paragraph EX.1.(a)of appendix FM and therefore paragraph EX.1. Does not apply in your case

Consequently you fail to meet the requirements of paragraph 276ADE(1)(vi) of the imagination rules

You have told us that you are currently expecting a baby due in February 2020 and you no longer meet the financial requirements of the spouse route.

Heram
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Re: Spouse Visa extension refused need help!!!

Post by Heram » Wed Oct 30, 2019 12:54 pm

In light of the above your application is refused under paragraph D-LTRP.1.3 with reference to paragraph R-LTRP.1.1(d),(ii)and(iii)of appindex FM and under paragraph 276CE with reference to paragraph 276ADE(1),(iii),(iv),(v)and(vi) of the imagination rules.accordingly you do not qualify for leave to remain under the 10 year partner route of appendix FM or the 10 year private life route of part 7 of the immigration rules.

Heram
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Re: Spouse Visa extension refused need help!!!

Post by Heram » Wed Oct 30, 2019 2:02 pm

Can you guys please help me now I’ll appreciate you replies

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Re: Spouse Visa extension refused need help!!!

Post by Korekt » Thu Oct 31, 2019 12:43 am

Heram wrote:
Wed Oct 30, 2019 2:02 pm
Can you guys please help me now I’ll appreciate you replies
You seem to be feeding info about your circumstances and the decision in dribs and drabs which does not help in getting an accurate picture.

You've said repeatedly in this thread that you were refused only because of the financial requirements. This does not seem to be the case at all. What you've posted details that you've told them that you're expecting a baby and no longer meet the financial requirements. They seem to have stated what you told them and does not seem to be the basis for the refusal.

It appears from what you posted that the application was considered under family and private life, and refused on both those grounds.

What is your full immigration history?

What is your partner's immigration history/status?
"Facts are sacred. Opinions are free."

Heram
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Re: Spouse Visa extension refused need help!!!

Post by Heram » Thu Oct 31, 2019 9:24 am

I’m so confuse now so what do you think what will be the refusal reason?
I just came here 2 years and 7 months ago my husband sponsored me and I got my spouse visa since I came I joined college to improve my English...

And my husband is Indefinite leave to remain holder he has been here for years first he had full time job but 3 years ago some people attacked him he had injury and operation and had metal on his elbow that’s why he wasn’t able to work full time and we didn’t meet the financial requirements...

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Re: Spouse Visa extension refused need help!!!

Post by geoeng » Thu Oct 31, 2019 9:36 am

This information is helpful in understanding the circumstances. Were you previously on the 5 year route and just applied on the 10 year route for this extension because you no longer met the financial requirement for the 5 year route?
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Heram
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Re: Spouse Visa extension refused need help!!!

Post by Heram » Thu Oct 31, 2019 9:39 am

No we just applied for 10 years route and our solicitor said we applied under 10 years partner route.

Heram
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Re: Spouse Visa extension refused need help!!!

Post by Heram » Thu Oct 31, 2019 9:43 am

He said we will do appeal until that time maybe you give birth to your child then it’s your wish if you want then we will go to the court and if not we will apply for 10 years parent route...

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Re: Spouse Visa extension refused need help!!!

Post by geoeng » Thu Oct 31, 2019 10:47 am

Heram wrote:
Thu Oct 31, 2019 9:43 am
He said we will do appeal until that time maybe you give birth to your child then it’s your wish if you want then we will go to the court and if not we will apply for 10 years parent route...
Your child would likely help in qualifying for exceptions to the eligibility requirements of the partner route, I'm not sure it would make you eligible under the parent route as you have an eligible partner.

I think what's still confusing here is what requirement you met for your current visa that you no longer meet in the extension application.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: Spouse Visa extension refused need help!!!

Post by iwolga » Thu Oct 31, 2019 11:00 am

geoeng wrote:
Thu Oct 31, 2019 10:47 am
I think what's still confusing here is what requirement you met for your current visa that you no longer meet in the extension application.
From what I gather, those are the financial requirements. From how it sounds, the solicitor wasn't even using financial papers and simply explained that they no longer qualify. I assume this was the reason to apply for a different type of visa.

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Re: Spouse Visa extension refused need help!!!

Post by geoeng » Thu Oct 31, 2019 11:09 am

iwolga wrote:
Thu Oct 31, 2019 11:00 am
From what I gather, those are the financial requirements. From how it sounds, the solicitor wasn't even using financial papers and simply explained that they no longer qualify. I assume this was the reason to apply for a different type of visa.
That's what I assumed as well, just isn't clear.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Heram
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Re: Spouse Visa extension refused need help!!!

Post by Heram » Thu Oct 31, 2019 12:22 pm

Don’t know we have all the documents even more the only thing that has changed my husband is working part time now and he worked full time when he applied for my first spouse visa

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Re: Spouse Visa extension refused need help!!!

Post by seagul » Thu Oct 31, 2019 8:07 pm

In my view you should appeal the decision because same as told earlier that you should have been granted flrfp partner visa under 10 years of route.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Heram
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Re: Spouse Visa extension refused need help!!!

Post by Heram » Fri Nov 01, 2019 4:27 am

Thnx yeah we are going to appeal let’s see what happens do you have any idea how long does it take to get the court date?

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Re: Spouse Visa extension refused need help!!!

Post by geoeng » Fri Nov 01, 2019 8:43 am

seagul wrote:
Thu Oct 31, 2019 8:07 pm
In my view you should appeal the decision because same as told earlier that you should have been granted flrfp partner visa under 10 years of route.
The reasons for refusal seem to indicate that insufficient evidence was provided to meet the criteria for being excepted from the financial requirement. Agreed that an appeal might help but additional evidence will likely be required to qualify for the exception.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: Spouse Visa extension refused need help!!!

Post by Korekt » Fri Nov 01, 2019 9:36 am

geoeng wrote:
Fri Nov 01, 2019 8:43 am
The reasons for refusal seem to indicate that insufficient evidence was provided to meet the criteria for being excepted from the financial requirement.
Which part of the refusal exactly indicates this?
"Facts are sacred. Opinions are free."

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Re: Spouse Visa extension refused need help!!!

Post by geoeng » Fri Nov 01, 2019 9:52 am

Korekt wrote:
Fri Nov 01, 2019 9:36 am
Which part of the refusal exactly indicates this?
Not meeting the requirements of EX.1 and no reference to exceptional circumstances. In which case a financial requirement would have to be met.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: Spouse Visa extension refused need help!!!

Post by Korekt » Fri Nov 01, 2019 2:00 pm

geoeng wrote:
Fri Nov 01, 2019 9:52 am
Korekt wrote:
Fri Nov 01, 2019 9:36 am
Which part of the refusal exactly indicates this?
Not meeting the requirements of EX.1 and no reference to exceptional circumstances. In which case a financial requirement would have to be met.
Could you reproduce the exact text that says this?
"Facts are sacred. Opinions are free."

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Re: Spouse Visa extension refused need help!!!

Post by geoeng » Fri Nov 01, 2019 2:04 pm

Korekt wrote:
Fri Nov 01, 2019 2:00 pm
Could you reproduce the exact text that says this?
Yes I could.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: Spouse Visa extension refused need help!!!

Post by CR001 » Fri Nov 01, 2019 2:06 pm

Korekt wrote:
Fri Nov 01, 2019 2:00 pm
geoeng wrote:
Fri Nov 01, 2019 9:52 am
Korekt wrote:
Fri Nov 01, 2019 9:36 am
Which part of the refusal exactly indicates this?
Not meeting the requirements of EX.1 and no reference to exceptional circumstances. In which case a financial requirement would have to be met.
Could you reproduce the exact text that says this?
See below, highlighted.
Heram wrote:
Wed Oct 30, 2019 12:45 pm
You have told us that you are in a relationship in the uk with your partner who is named above as you are eligible to apply as a partner under appendix FM we have considered your claim under 10 year partner route and not parent route we have considered your application under Paragraph R-LTRP.1.1.(a),(b)and(d) of appendix FM however you do not qualify for leave to remain under the 10 year partner route for the following reasons.

Family life
We have considered your application under the private life rules under paragraph 276ADE(1) in part 7 of the immigration rules. However you do not qualify for leave to remain under the 10 year private life route for the following reasons.

Suitability
Your application does not fall for refusal on grounds of suitability in section S-LTR of appendix FM under paragraph 276ADE(1)(i) of the imagination rules.

Eligibility
You have therefore lived in the uk for 2 years 7 months and it is not accepted you have lived continuously in the uk for at least 20 years. Consequently you fail to meet the requirements of paragraph 276ADE(1)(iii) of the imagination rules.

You are over the age of 18. Consequently you fail to meet the requirements of paragraph 276(1)(iv) of the imagination rules.

You are not aged between 18 and under 25 years. Consequently you fail to meet the requirements of paragraph 276(1)(v) of the imagination rules.

You therefore fail to meet the requirements of EX.1.(b) os appendix FM of the imagination rules so paragraph EX.1.does not apply in your case.

You have not raised anything that would lead us to believe you have a child in the uk and so do not meet the requirements of paragraph EX.1.(a)of appendix FM and therefore paragraph EX.1. Does not apply in your case

Consequently you fail to meet the requirements of paragraph 276ADE(1)(vi) of the imagination rules

You have told us that you are currently expecting a baby due in February 2020 and you no longer meet the financial requirements of the spouse route.
Char (CR001 not Casa)
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Re: Spouse Visa extension refused need help!!!

Post by Korekt » Fri Nov 01, 2019 7:43 pm

geoeng wrote:
Fri Nov 01, 2019 9:52 am
Korekt wrote:
Fri Nov 01, 2019 9:36 am
Which part of the refusal exactly indicates this?
Not meeting the requirements of EX.1 and no reference to exceptional circumstances. In which case a financial requirement would have to be met.
I'm afraid the highlighted bit in the reproduced text doesn't help your assertion; and I note that you aren't the one who reproduced it.

The way you've analysed it is not the right way round.

EX.1. is part of R-LTRP.1.1. (d).
If EX .1. had been met by the OP along with the other requirements of LTRP.1.1. (d), as well as LTRP.1.1.(a) & (b), the application would have been approved.

The financial requirement is NOT a factor in the above; it itself sits under LTRP.1.1.(c).

D-LTRP.1.2 says
If the applicant meets the requirements in paragraph R-LTRP.1.1.(a), (b) and (d) for limited leave to remain as a partner, or paragraph GEN.3.1.(2) or GEN.3.2.(3) applies to an applicant for leave to remain as a partner, the applicant will be granted leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the decision-maker considers, with reference to paragraph GEN.1.11A., that the applicant should not be subject to such a condition, and they will be eligible to apply for settlement after a continuous period of at least 120 months in the UK with such leave
"Facts are sacred. Opinions are free."

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Re: Spouse Visa extension refused need help!!!

Post by geoeng » Sat Nov 02, 2019 11:53 am

Korekt wrote:
Fri Nov 01, 2019 7:43 pm
EX.1. is part of R-LTRP.1.1. (d).
If EX .1. had been met by the OP along with the other requirements of LTRP.1.1. (d), as well as LTRP.1.1.(a) & (b), the application would have been approved.

The financial requirement is NOT a factor in the above; it itself sits under LTRP.1.1.(c).
Exactly my point. Meeting EX.1 is the only way to qualify under R-LTRP.1.1. (d), which is the primary way to avoid having to meet all of the requirements of E-LTRP, section .3.1 of which contains the financial requirement and section .4.1 of which contains the English language requirement. Those that don't qualify for the EX.1 exemption have to meet these requirements unless paragraph GEN.3.1.(2) or GEN.3.2.(3) apply, which does not appear to have been this case in this application. Hence why I assume the OP believes the application was refused for not meeting the financial requirement, in an exceptionally roundabout way, and assuming there weren't any other refusal reasons not yet mentioned. Proof of qualifying for EX.1 seems to be the best chance of a successful appeal.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: Spouse Visa extension refused need help!!!

Post by Heram » Sat Nov 02, 2019 11:58 am

Proof of qualifying for EX.1 seems to be the best chance of a successful appeal.

Can you please explain what do We need to prove that we are qualify for Ex.1 please please?

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