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Incorrect endorsement - Casa & others, help needed

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UKGuyLondon
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Incorrect endorsement - Casa & others, help needed

Post by UKGuyLondon » Thu Oct 07, 2010 1:08 pm

Hello,

Reference is made to the following post where Casa was very helpful to the poster, Sally:

http://www.immigrationboards.com/viewto ... c&start=20

I am the UK citizen and have been successful in obtaining a Spouse Visa for my wife, a dependant Visa for my 3 yr old son and have just won an appeal (decision overturned) for my infant daughter who was rejected earlier. Problem is, though we have been married and living together for 7 years now in Pakistan, my wife and son were issued with a "D - Spouse/CP" and "D-to Acc Mother/CYR" visas valid for 27 months instead of "ILE-KOL Req" which we qualify for.

1. Is it possible to get this changed?

2. If the above is possible, should we get it done from within the UK (we plan to leave Pakistan by 1st qrtr 2011 once my infant daughter's passport is stamped) or should we initiate the process from Pakistan?

Keeping in mind the steep fee for ILR we would have to pay, it will save us a lot of effort and money if the endorsement can be changed.

Many thanks in advance.

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Casa
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Post by Casa » Thu Oct 07, 2010 1:17 pm

Normally it would be preferable to have this changed in the issuing country, but as Pakistan is notoriously slow, it may well be better to have this amended once you arrive in the UK...which can be done.
Edit: have just seen you don't intend to travel until next year, so it would be worth asking to have this amended before you leave.

vinny
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Re: Incorrect endorsement - Casa & others, help needed

Post by vinny » Fri Oct 08, 2010 4:10 am

mekyle1@hotmail.com wrote:Problem is, though we have been married and living together for 7 years now in Pakistan, my wife and son were issued with a "D - Spouse/CP" and "D-to Acc Mother/CYR" visas valid for 27 months instead of "ILE-KOL Req" which we qualify for.

1. Is it possible to get this changed?

2. If the above is possible, should we get it done from within the UK (we plan to leave Pakistan by 1st qrtr 2011 once my infant daughter's passport is stamped) or should we initiate the process from Pakistan?

Keeping in mind the steep fee for ILR we would have to pay, it will save us a lot of effort and money if the endorsement can be changed.

Many thanks in advance.
I think that you would still have to pay the fees for the ILR application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

UKGuyLondon
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Post by UKGuyLondon » Sun Oct 10, 2010 6:26 pm

Thank you Casa and Vinny. You have both been very helpful!

I will wait till I get to the UK and try to meet someone in person there who can guide me as to what will work best for me.

Like Casa said, things from Pakistan work very slowly and I do not want to risk getting the passports stuck in processing/courier while we are ready to leave for UK.

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Post by geriatrix » Sun Oct 10, 2010 6:50 pm

In absence of KOL pass certificate submitted with EC application. if your spouse has been issued a visa with endorsement "Settlement Spouse/CP (KOL Req)" vaild for 27 months, there's been no error / mistake. Likewise for the children, the endorsement "To acc Father/CYR" or "To acc Mother/CYR" or "To acc Parent(s)/CYR" is appropriate as parents have been living outside the UK.
ECB13.1 Visa endorsements and conditions[/url] > [url=http://www.ukvisas.gov.uk/resources/en/docs/ecgdocs/LTEendorsementsandcodes]Leave to enter endorsement and list of conditions required with each code wrote:Type of visa | Cat | Endorsement | Code | + POL | Duration | Add endorsement field | ECG Chapter

Settlement spouse/ CP for 4 years but need KOL | D | SETTLEMENT SPOUSE/CP(KOL REQ) | 1 | N | 27 months | add initial and surname of spouse / CP | 13

Child- view to settlement | D | TO ACC FATHER/CYR | 1 | N | 27 months | add initial and surname of sponsor / CP | 13
Child- view to settlement | D | TO ACC MOTHER/CYR | 1 | N | 27 months | add initial and surname of sponsor / CP | 13
Child- view to settlement | D | TO ACC PARENT(S)/CYR | 1 | N | 27 months | add initial and surname of sponsor / CP | 13

regards

UKGuyLondon
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Post by UKGuyLondon » Sun Oct 10, 2010 7:08 pm

Sushdmehta, thanks for your post.

There is no mention of KOL Req anywhere hence the worry on my part!The visa though, is valid for 27 months.....

John
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Post by John » Sun Oct 10, 2010 7:27 pm

Vinny, obviously the links you have posted are very useful, but how to get the current 27 month visa corrected so that it refers to "KOL REQ"?

I am open to correction but I think in the past you have posted a link to a UKBA webpage that tells you how to get stickers corrected. But I also know that webpage is very illusive and I cannot find it now. Do you have a link?
John

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Post by vinny » Sun Oct 10, 2010 11:16 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Post by Obie » Mon Oct 11, 2010 4:25 pm

Please don't get too work up about what the ECO issued your family with.

If you meet the criteria in Paragraph 281 (i )(b) (i) and (ii) , then the immigration officer subject to 282(C) can issue your wife with an ILE, provided the condition in 281 (b)(ii) is met.

In any case it is irrelevant what they issued you with. I strongly believe it is the Immigration officer that can issue you with ILE, and if the KOL requirements in 281 (i) (b)(ii) are not met, will issue her with a 27 months permission to enter, and live the Home Office to issue her with an ILR once she has passed KOL, and the appropriate fee has been paid.

Had she taken the test, this would have saved you a lot of money, between 800-1000 pounds, as the immigration officer would have been oblidge to issue her and your son ILE once he is satisfied that all the conditions in 281 b(i) and (ii) are meet.

As she has not passed the test, i believe it will make absolutely no difference chasing them. It will just keep you longer and delay your return and gain you nothing.

If she passes the test in the UK, you don't need to wait for 27 months, you can apply for ILR immediately.

I believe the ECO issue Spouse/CP ( Immigration officer will issue 27months) or Settlement Spouse/CP if you have been married for 4 years or more, (immigration officer will issue ILE, and if no KOL, then a ILE KOL required for 27 months aswell) .
Smooth seas do not make skilful sailors

vinny
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Post by vinny » Tue Oct 12, 2010 12:46 am

An Immigration Officer may decline to consider an application for variation of leave at a port of entry under 31A.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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