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Very Complicated Situation Confused Urgent Help Please

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ur_ali
Newly Registered
Posts: 1
Joined: Wed Apr 02, 2014 8:21 pm

Very Complicated Situation Confused Urgent Help Please

Post by ur_ali » Wed Apr 02, 2014 10:04 pm

Hi,
i have just joined the form, i m in a very confused situation i tried to search the solution of this but couldn't find anything helpful for this online,
My situation is that i came here in uk on student visa on 15th jan 2012
Registered marriage with British Girl on 25th april 2013
my student visa was expiring on 15th jun 2013 , i applied for spouse visa on 3 jun 2013 , i got refused because employer letters was missing for my job and my wife's income was not going in her bank account for starting 3 months of 6 months period. we appealed against the decision but got refused then we again challenged the decision of First tier tribunal to the upper tribunal but received the refusal of appeal on 26th march 2014.
Now the situation is that my wife is 25 weeks pregnant and she is not working and i am working 30 hours per week at minimum rate , court has given us 12 days for making an appeal ,but my solicitor is saying that making an appeal again will be waste of money and he is saying that we should make a fresh application and he said we have 28 days for doing that but it doesn't say anywhere on the letter and not elsewhere on the internet as far as i searched but he said that i will not be allowed to work if i apply for a fresh application now, but an other solicitor told me that i still will be allowed to work and i only have 12 days for either making an appeal or making a fresh application so i m really confused i don't want to be an over-stayer, so my question are that

1. On what basis (route) shall i apply on?
2 .Can i apply for the parental route but the delivery date is 14th july 2014
3 . will i be allowed to work if i make fresh application? (as i was allowed to work full time off-term on my student visa)
4 . so what are the days limits i have to make a fresh application is it within 12 working days or 28 days?
5 . What are my options and what are there main requirements?
6 . Shall i apply for family route visa and then send my child's birth certificate when the baby been born ?

i will be very grateful if anybody can help , Please answer as i don't have much time left , Thanks

User avatar
Choc-Ice
Member
Posts: 245
Joined: Tue Mar 26, 2013 7:58 pm
Nigeria

Re: Very Complicated Situation Confused Urgent Help Please

Post by Choc-Ice » Wed Apr 02, 2014 11:45 pm

Duplicate post.
Last edited by Choc-Ice on Wed Apr 02, 2014 11:48 pm, edited 1 time in total.
IMpossible is 2 letters to long!

User avatar
Choc-Ice
Member
Posts: 245
Joined: Tue Mar 26, 2013 7:58 pm
Nigeria

Re: Very Complicated Situation Confused Urgent Help Please

Post by Choc-Ice » Wed Apr 02, 2014 11:45 pm

ur_ali wrote:Hi,
i have just joined the form, i m in a very confused situation i tried to search the solution of this but couldn't find anything helpful for this online,
My situation is that i came here in uk on student visa on 15th jan 2012
Registered marriage with British Girl on 25th april 2013
my student visa was expiring on 15th jun 2013 , i applied for spouse visa on 3 jun 2013 , i got refused because employer letters was missing for my job and my wife's income was not going in her bank account for starting 3 months of 6 months period. we appealed against the decision but got refused then we again challenged the decision of First tier tribunal to the upper tribunal but received the refusal of appeal on 26th march 2014.
Now the situation is that my wife is 25 weeks pregnant and she is not working and i am working 30 hours per week at minimum rate , court has given us 12 days for making an appeal ,but my solicitor is saying that making an appeal again will be waste of money and he is saying that we should make a fresh application and he said we have 28 days for doing that but it doesn't say anywhere on the letter and not elsewhere on the internet as far as i searched but he said that i will not be allowed to work if i apply for a fresh application now, but an other solicitor told me that i still will be allowed to work and i only have 12 days for either making an appeal or making a fresh application so i m really confused i don't want to be an over-stayer, so my question are that

1. On what basis (route) shall i apply on?
2 .Can i apply for the parental route but the delivery date is 14th july 2014
3 . will i be allowed to work if i make fresh application? (as i was allowed to work full time off-term on my student visa)
4 . so what are the days limits i have to make a fresh application is it within 12 working days or 28 days?
5 . What are my options and what are there main requirements?
6 . Shall i apply for family route visa and then send my child's birth certificate when the baby been born ?

i will be very grateful if anybody can help , Please answer as i don't have much time left , Thanks
In my own opinion your solicitor advise sounds reasonable. You have lost your appeal at both FT and UT, going further with the appeal is possible (but not advisable)..Only problem is if you're refused again you will have no right to appeal..To answer your questions;

1- FLR-FP (I'll advise you consult with your solictor first)
2- The Child has no right until he/she is born
3-Sadly NO work right for the new application
4-28 days from the day you receive the Upper Tribunal decision
5- Guidiance click >https://www.gov.uk/government/uploads/s ... _flrfp.pdf
6- If you apply now, it will probably be decided before JULY 14th (Processing times are quicker than previous years)..I did something similar in 2012 but processing time was slower back then..GOOD lUCK..
IMpossible is 2 letters to long!

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