please hellllppppp

[aysie]

hi there,
my partner came to the uk, in dec 09 on a visitor visa, with every intention to return, we sought advice for my husband to return in the future, we were told that he could apply for the flr m whilst here before his visa ran out.
we did this, and 3 months later (bearing in mind the visa he had had expired by then) they wrote to us saying that we had applied for the wrong visa, and had enclosed the visa form flr o, as discretionary leave, to fill in.
we did this, and today have heard from them that my husband has been refused to stay, he must contact them to leave by monday, and that he cannot appeal because his visa had already run out when we applied!!!
they also state that we have not lived together.
iam very upset, and stressed as our solicitor is on annual leave and do not know what to do, i do not want him to stay here illegally, but i do not know what to do!!!!

[geriatrix]

People did suggest to you that returning to home country to apply for spouse visa was the most appropriate option for your husband.

Unfortunately, it didn't work out as you had hoped. Given the circumstances, I am guessing UKBA has retained his passport so there is no option but to leave UK. Had he left earlier on his own will (than being forced like now), it would have much easier for him and less stressful for you all as a family.

Did you read the last response(s) from Ben here and followed the advice given? Don't know but perhaps a bit too late now?


regards

[aysie]

I already stated that the home office requested us to fill in the right form, the case was ongoing, and with no documents. And a valid application, there was no need to return??

[geriatrix]

Have you been given the right to appeal? If so, you may wish to appeal the decision. If not, your husband can return to home country and apply for EC as spouse of British citizen.

Not sure though if the forced exit from UK will impact future EC applications.

regards

[aysie]

basically they are saying that he didnt apply for the visa until june 10, there has been a mistake somewhere along the lines, and i will have to fight it, if he just goes then he wont be allowed back because they are saying hes an overstayer!

[mochyn]

Overstaying has no effect on a spousal visa

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

[Wanderer]

basically they are saying that he didnt apply for the visa until june 10, there has been a mistake somewhere along the lines, and i will have to fight it, if he just goes then he wont be allowed back because they are saying hes an overstayer!

But u cant switch from VV to spouse visa in the UK - so what's the problem?

[vinny]

hi there,
my partner came to the uk, in dec 09 on a visitor visa, with every intention to return, we sought advice for my husband to return in the future, we were told that he could apply for the flr m whilst here before his visa ran out.

That's incorrect. See also Yes (go back) No (wait here) and Spouse Visa Vs Discretionary Leave Urgent help plz!!!!!!!!!