Spouse visa refused, reapply with super priority query

[yacsii97]

Hi, URGENT help needed please!

I had a tier 4 visa studying Masters with my partner, we both graduated in July 2020 and my visa was expiring on 29th of October 2020, we got married on the 7th of October and applied for a spouse visa, however, due to pandemic and my partner being in full-time education he was only employed for 3 months at the time, our (horrible) advisor told us to include my father in law as a third party sponsor ( exceptional circumstance)....anyway long story short after 13MONTHS my visa got refused on 15/11/21 and the only ground is not meeting the financial requirement at the time of application. Now instead of appealing, I'd like to re-apply and get a super-priority visa to end this misery as soon as possible, we have all the correct documents, he has been employed for the past 14 months so should be fine. I would appreciate it if someone can help me with some questions....

- on my refusal letter says I have 14 days to appeal and also (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 remain in the UK you need to make an application to stay.) Does this mean that I can continue staying in the UK and make a new application and I won't be classified as an overstayer?

-As I had a Tier 4 visa I could work full-time off-term and under Section 3C because I made an in-time application I had the right to work whilst my application was pending.... does this mean that I can continue working if I make a fresh application and my section 3C will resume?

-I can get super-priority appointments for spouse visa right....?

Many thanks for your help!

[TODMATT]

Hi, URGENT help needed please!

I had a tier 4 visa studying Masters with my partner, we both graduated in July 2020 and my visa was expiring on 29th of October 2020, we got married on the 7th of October and applied for a spouse visa, however, due to pandemic and my partner being in full-time education he was only employed for 3 months at the time, our (horrible) advisor told us to include my father in law as a third party sponsor ( exceptional circumstance)....anyway long story short after 13MONTHS my visa got refused on 15/11/21 and the only ground is not meeting the financial requirement at the time of application. Now instead of appealing, I'd like to re-apply and get a super-priority visa to end this misery as soon as possible, we have all the correct documents, he has been employed for the past 14 months so should be fine. I would appreciate it if someone can help me with some questions....

- on my refusal letter says I have 14 days to appeal and also (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 remain in the UK you need to make an application to stay.) Does this mean that I can continue staying in the UK and make a new application and I won't be classified as an overstayer?

-As I had a Tier 4 visa I could work full-time off-term and under Section 3C because I made an in-time application I had the right to work whilst my application was pending.... does this mean that I can continue working if I make a fresh application and my section 3C will resume?

-I can get super-priority appointments for spouse visa right....?

Many thanks for your help!

Yes as, section 3C will be extended if you appeal with the decision within 14 days of your appeal and if you do not appeal within 14 days, then your section 3C has ended and you have no valid leave in the UK thus you become an overstayer.

I will recommend you to continue with your appeal and present that your partner now meets the financial requirement in the hope that the judge will agree with your decision otherwise if you are intending on applying for a new application, you do not have a valid leave to make such application.

[yacsii97]

Thanks for your answer! However, my life doesn't allow me to wait for another 6-12months for a decision and need my visa to be able to travel in and out of the country. In my refusal letter states that if I think I have other reasons I should make an application and in this way, I can now use the super-priority service. Also if anyone else has advice and answers to the below ..

-When filling in the application what are the appropriate answers to these questions...

Have you ever been refused a visa for any country, including the UK? I have on only this but I am reapplying within 14 days... should I say yes?

Do you have any Home Office reference numbers? is this my previous application?

Do you have a biometric residence permit? yes but expired????

Do you currently have a visa or leave to remain? no???????

-I can get super-priority appointments for spouse visa right....?

Many thanks again!

[TODMATT]

Thanks for your answer! However, my life doesn't allow me to wait for another 6-12months for a decision and need my visa to be able to travel in and out of the country. In my refusal letter states that if I think I have other reasons I should make an application and in this way, I can now use the super-priority service. Also if anyone else has advice and answers to the below ..

-When filling in the application what are the appropriate answers to these questions...

Have you ever been refused a visa for any country, including the UK? I have on only this but I am reapplying within 14 days... should I say yes?

Do you have any Home Office reference numbers? is this my previous application?

Do you have a biometric residence permit? yes but expired????

Do you currently have a visa or leave to remain? no???????

-I can get super-priority appointments for spouse visa right....?

Many thanks again!

Paragraph 39E(2) does allow you to apply within 14 days as an overstayer. I will not recommend super priority while you are an overstayer especially if your recent application was refused but your choice!

[yacsii97]

Thanks for your reply very helpful.
just why a super priority is a bad thing? I had waited 13months already and cannot afford to lose another year my application is way more straightforward this time and I will explain as best I can why it got refused the first time and it was only the financial requirement which if they reached out or I should have done it if I didn't have carrots for solicitors, they would have realised he met the requirements. everything else in y application is solid, we own a home, been together, I have had 3 successful previous visas and lived here for 8 years ..