application for leave to remain refused

[olegunna]

i came to the UK on a working holidaymaker visa and later extended my stay on a leave to remain for 6months. Within that time i married a british citizen and applied for a leave to remain. About three months later i received a letter from the home office to the effect that my application is valid and that further investigation was being made.

six months later i received a letter from the home office inviting my spouse and i for an interview. we went and later received a letter from the home office refusing the application on the basis that there were some inconsistencies in our response during the interview.
further i was not given a right of appeal because according to them my visa had run out at the time of my application even though it had not and even though they had previously sent me a letter saying the application is valid. so if i had no leave to remain at the time of my application why would they then have said that my application was valid only to change their minds later when they refused the application.

i would be grateful for your advice on what to do next.
thanks.

[Wanderer]

i came to the UK on a working holidaymaker visa and later extended my stay on a leave to remain for 6months. Within that time i married a british citizen and applied for a leave to remain. About three months later i received a letter from the home office to the effect that my application is valid and that further investigation was being made.

six months later i received a letter from the home office inviting my spouse and i for an interview. we went and later received a letter from the home office refusing the application on the basis that there were some inconsistencies in our response during the interview.
further i was not given a right of appeal because according to them my visa had run out at the time of my application even though it had not and even though they had previously sent me a letter saying the application is valid. so if i had no leave to remain at the time of my application why would they then have said that my application was valid only to change their minds later when they refused the application.

i would be grateful for your advice on what to do next.
thanks.

There's a similar post in this forum -basically u cant switch from WHM to a settlement-type visa in-country - sorry.

[Plum70]

Wonder why the UKBA didn't inform the applicant in the first place of their ineligibility to switch in-country instead of the merry-go-round approach?

[olegunna]

Wonder why the UKBA didn't inform the applicant in the first place of their ineligibility to switch in-country instead of the merry-go-round approach?

the question is not about eligibility or at least they are not saying so. they are saying they were inconsistencies in the response and that they don't believe that the marriage is subsisting. that is the central point. because i know a lot of people who have switched so it is not a concern. my point is the are not giving me the right of appeal because according to them at the time of application i didnt have right of appeal even though i have evidence to opposite and they themselves acknowledge that by writing to me initially to say that the application was valid.

[Casa]

Switching from WHV to UPV was until recently allowed, but they are
now working strictly within the rules...and so no longer is an option.

[olegunna]

Switching from WHV to UPV was until recently allowed, but they are
now working strictly within the rules...and so no longer is an option.

i applied over a year ago when it was still valid. the question is not about validity or otherwise so if someone has any information of the substantive matter please help because the UKBA are not even claiming that switching from whv to leave to remain is not possible. so that is not an issue.
thanks

[bototo]

They may argue that "application is valid" does not constitute a binding obligation.

It would revolve on the precise nature of "validity". An application for a job could be valid if you provide the CV, reference and everything they ask for. This does not mean that you are guaranteed the job. It may not even guarantee that they'll consider you for the job - they could have abruptly ceased recruiting.

I'm not trying to be nasty, I'm pointing out UKBA's possible response.

[republique]

Wonder why the UKBA didn't inform the applicant in the first place of their ineligibility to switch in-country instead of the merry-go-round approach?

the question is not about eligibility or at least they are not saying so. they are saying they were inconsistencies in the response and that they don't believe that the marriage is subsisting. that is the central point. because i know a lot of people who have switched so it is not a concern. my point is the are not giving me the right of appeal because according to them at the time of application i didnt have right of appeal even though i have evidence to opposite and they themselves acknowledge that by writing to me initially to say that the application was valid.

those are two different things, a valid application doesnt mean you have have the right to appeal
with this knowledge, prepare yourself to return home

[PaperPusher]

olegunna

Do you have evidence of posting? Like a recorded/special delivery slip? They take the date of posting to be the date that the application is made when it comes to whether your application was made before your visa ran out, unless you did it in person.

Valid does not mean that they are saying you made it before your visa ran out.

[olegunna]

olegunna

Do you have evidence of posting? Like a recorded/special delivery slip? They take the date of posting to be the date that the application is made when it comes to whether your application was made before your visa ran out, unless you did it in person.

Valid does not mean that they are saying you made it before your visa ran out.

yea i do have evidence that it was posted in time. any advice?

[INSIDER]

Just a little observation which I concede may not be entirely relevant.
But the poster did not switch from a WHV.By the time he made his application for leave to remain on the basis of his marriage he had already been granted leave to remain for 6 months on some other basis which remains unclear.

[vinny]

i came to the UK on a working holidaymaker visa and later extended my stay on a leave to remain for 6months. Within that time i married a british citizen and applied for a leave to remain.

It's possible to switch to spouse status, subject to 284(i), etc.

If you posted your FLR(M) application in-time, then you should have the right of appeal (82(2)(d)) and may lodge an appeal within 10 business days.