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Search found 19 matches

by trevor-austin
Sat Jul 20, 2019 12:13 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

Your wife isn't on Immigration Bail as she hasn't been detained. She is currently under a Notice of Removal which doesn't grant her legality in the UK. See the information in the link below regarding an amendment to the Home Office Removal Notice allowing an extension in the (generally) 3 month win...
by trevor-austin
Sat Jul 20, 2019 7:03 am
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

Also, if that was the reason for the refusal, that you can't switch, which I hate but understand, aren't they obliged to say that on the refusal notice? It isn't even hinted at. Probably due to the fact that she wasn't switching to a spouse visa, she was applying for further leave to remain which i...
by trevor-austin
Fri Jul 19, 2019 11:43 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

I wish you luck, but I still believe that your wife's right to remain in the UK ceased when she separated from her previous partner. As I mentioned before, it's not possible to switch to another spouse visa from within the UK after the previous relationship was no longer subsisting. Being given per...
by trevor-austin
Fri Jul 19, 2019 9:48 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

Hi Trevor, I tried to PM, but it said some people do not have permission to read PM, so I guess you're right, you need to be here longer. Stay in touch through here, as would like to find out how it goes for you both. You should make contact with your MP though, as he/ she might just be able to get...
by trevor-austin
Fri Jul 19, 2019 10:49 am
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

There is also the money as well, after 2.5 years, we will have to find another £1K+++ whatever they have put it up to, so we can keep living together, and then I really don't know what the final payment is at year 5. It's a tax on my marriage. I have a good mind to see what action can be taken agai...
by trevor-austin
Thu Jul 18, 2019 7:13 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

Well, it should be my given right to marry and live with anyone I choose, obvious exceptions granted, as I am 100% British, it should be a fairly simple formality. My human right to be with a girl I met in Germany. What the HO don't seem to take into consideration is what would be in it for me if i...
by trevor-austin
Thu Jul 18, 2019 2:49 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

Trevor, When mine and my now wife's marriage visitor visa got turned down, with no right to appeal or judicial review, I ignored that and went to my MP. He raised it with the HO, through channels we can't use. She was in VN when we applied though. I also took a second direct complaint route. Not an...
by trevor-austin
Thu Jul 18, 2019 10:59 am
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

Also, any comment on the paragraphs in the refusal telling us to tell them why she should be allowed to stay, but not clear how? Anything you tell them, can be used against you later down the line if it's not well formulated considering existing law, previous cases and procedures in place. If you j...
by trevor-austin
Thu Jul 18, 2019 6:32 am
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

If you are able to meet all the conditions for the Spouse Settlement visa, the previous refusal shouldn't have any bearing on the decision. You aren't able to apply for this from within the UK. JR is a very long and expensive process, with no guarantee of success. A Spouse visa application submitte...
by trevor-austin
Wed Jul 17, 2019 10:45 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

If you are able to meet all the conditions for the Spouse Settlement visa, the previous refusal shouldn't have any bearing on the decision. You aren't able to apply for this from within the UK. JR is a very long and expensive process, with no guarantee of success. A Spouse visa application submitte...
by trevor-austin
Wed Jul 17, 2019 9:06 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

There is another option, although it may not be your preference. Assuming you meet the minimum income level of £18,600 p.a., your wife could return to her home country and apply for a spouse settlement visa to enable her to return to the UK and follow the 5 year route (2.5 x 2.5) to settlement. I b...
by trevor-austin
Wed Jul 17, 2019 5:14 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

Just going to throw this out there - by 'insurmountable obstacles' they essentially mean you would need an asylum claim to be legitimate in the UK, ie your life is at risk because you would be targeted specifically in the other country. I am sympathetic of not wanting to move out of the UK, but wha...
by trevor-austin
Wed Jul 17, 2019 2:29 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

Correcting myself, in the next steps is this; If you think there are other reasons why we should allow you to stay in the UK If you think you have a legitimate reason to stay in the UK you need to make an application to stay. Details of how to apply can be found on the immigration pages of www.gov.u...
by trevor-austin
Wed Jul 17, 2019 2:18 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

I understand you want to write to the case worker and plead further with him about your case. However, even if it seems the right thing to do on a personal level, it's not productive to do it this way. The Home Office is a very formal institution and any move you do, has to be within a clear legal ...
by trevor-austin
Wed Jul 17, 2019 1:52 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

The actual refusal paragraph is; The refusal Paragraph is worded; In light of the above your application is refused under paragraph D-L TRP1.3 with reference to paragraph R-LTRP.1.1(d)(ii) and (iii) of Appendix FM, and under paragraph 276CE with reference to paragraph 276ADE(1)(iii), (iv), (v) and (...
by trevor-austin
Wed Jul 17, 2019 1:46 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

The HO 'help' line is outsourced to any agency, with call centre staff who have very limited knowledge on the Immigration Rules, even on the simplest of issues and frequently give incorrect advice. I confirm that. Even the simplest queries are given answers very close to fantasy. For the OP. please...
by trevor-austin
Wed Jul 17, 2019 1:46 pm
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

I believe the situation you've found yourselves in has been complicated by the fact that your wife's previous visa was issued under the relationship with her unmarried partner, which subsequently broke down. The ex-partner was required to notify the Home Office that the relationship was no longer s...
by trevor-austin
Wed Jul 17, 2019 11:51 am
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Re: Help/advice required, both panicking and scared

My post, which I don't appear to be able to edit, should have read that I wrote directly to the case worker along with another letter from my wife.
by trevor-austin
Wed Jul 17, 2019 11:30 am
Forum: Immigration for family members
Topic: Help/advice required, both panicking and scared
Replies: 34
Views: 1678

Help/advice required, both panicking and scared

Hi, I am a 56 year old British Citizen who married a Zimbabwean national in the UK on a visa with home office approval last October. My wife has been in the UK since 2003 on student visa then a couple of leave to remains, she had a short overstay about 10 years ago but ignored in subsequent applicat...
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