Yes. A COA is not a way to get a switch allowed.

Victoria

Crikey! I thought that everyone gave initial advice for free these days.

Perhaps it is just me....



Victoria

Actually, he may well get teh COA...but it is likely to take many months.

And even if he does get it, it won't mean that he can switch.

Victoria

You can count time on the WHM towards ILR under the 10 year long residence category. You can't add it to the ancestry for a 5 year application.

Victoria

I am now having the same conversation on two different forums and it is getting confusion!


Victoria

Just checking, as Wanderer then said you would be considered a 'returning resident', which of course you are not if you are British.

Can I also confirm that your wife only holds SA citizenship, as 'English South African' is slightly ambiguous.

Victoria

Are you a UK national?

Victoria

Only student visitors.

Victoria

"...on return from his absence, to continue that period of existing leave". That is the point. If someone leaves the UK on one kind of visa, then gets a new kind of visa, he will have the new visa endorsed on entry, the old visa ceases to be valid, therefor he is not coming to continue his existing...

As long as the last application was made within 28 days of rejection you are not an overstayer.

But you might need to prove this when you apply.

Victoria

Any time you like.

Victoria

Did your mum move back to the UK at any point between age 10 and your birth?

Victoria

Yes, that is fine.


Victoria

SYH, you are getting a bit harsh.


Victoria

You can start the fiancee visa process in advance of getting the absolute, as long as you have a letter from the solicitor confirming that it will be finalised within 6 months.


Victoria

And before you get caught. If any of you are found by the Home Office before you make the application you will be issued with a removal notice, and then you will be stuffed.

You must make these applications as soon as possible to stand any chance of staying.

Victoria

You all need to make applications for Indefinite Leave to Remain under the 14 year rule. As soon as possible.

Victoria

Theoretically you need an extension, but it may be worth getting the records from the Embassy in LA to prove that they made an error in not putting the requested date of issue. You may then be able to get the extra 2 months needed for free.

Victoria

Dublin is in Ireland, it is a different country, and not relevant to UK laws unless they specifically ask.

If they think that you were compliant in your wife's lies on her application then you will find it extremely difficult to get a visa for the UK.

Victoria

He has solicitors helping him - no one here could help any further.

Victoria

I'm glad it worked out. But my advice is always to supply both, and that you may be refused without bank statements, But if you don't have them, you don't have them, and I'm glad you got good people looking at your applications.

Victoria

To be honest I have not read all of the implications of Zhou. I know the basics, but it's not a case I am familiar enough with to answer your question.

Now how's that for honesty from a legal professional?

Victoria

Thanks for the update - I hate both teams so much I stayed at home to watch 'Doctor Who'!

If there is satisfactory progress then any problems over attendence will be reduced, if not nullified.


Victoria

That's the problem. It is highly subjective.


Victoria

To be fair, back in July the HO were doing things very different, and they probably would not have asked for this info. In fact, it could well have been me who gave this advice! If the attendence record is bad then do explain, mention Zhou, and it should not be refused. If it is, I believe that refu...