General help questions

[dunnp]

Hello,
I am unsure if this is the correct place to post this. My wife and I decided to apply for me to remain in the UK as a spouse unaware that I was unable to make the application from a visitor visa. We were only made aware of the non ability to apply as a visitor because my father passed away and enquired about the status of our application due to extreme situations. We have a seven month old son and I am the primary caregiver. My son was born in Scotland. I have never overstayed as we travelled to the states shortly after his birth when I returned I asked to be let in under my visitior visa which was still current. We were planning on moving to the States. I was given a new six month visitor stamp but we decided to stay after a short period here. We then went about securing employment for my wife and housing thinking that would be what we needed to stay.

I am expecting being refused. Is there an appeal process? They processed the fee and biometrics? SHouldn't they have made us aware right away that one cannot change from a visitor visa to a marriage visa.

[Greenie]

Hello,
I am unsure if this is the correct place to post this. My wife and I decided to apply for me to remain in the UK as a spouse unaware that I was unable to make the application from a visitor visa. We were only made aware of the non ability to apply as a visitor because my father passed away and enquired about the status of our application due to extreme situations. We have a seven month old son and I am the primary caregiver. My son was born in Scotland. I have never overstayed as we travelled to the states shortly after his birth when I returned I asked to be let in under my visitior visa which was still current. We were planning on moving to the States. I was given a new six month visitor stamp but we decided to stay after a short period here. We then went about securing employment for my wife and housing thinking that would be what we needed to stay.

I am expecting being refused. Is there an appeal process? They processed the fee and biometrics? SHouldn't they have made us aware right away that one cannot change from a visitor visa to a marriage visa.

Yes there is an appeal process if you are refused, which is fairly likely. Even if you won your appeal you would only be able to be given leave outside the rules however which would mean having to complete 6 years to get indefinite leave as opposed to two years.

In the long run however you may find it easier to withdraw your application and apply from the US as the processing times there are quick.

No it is not the UKBA's responsibility to tell you whether you meet the rules before taking the fee and biometrics- applications are only considered after the fee has been paid and the biometrics given. It is the applicant's responsibility to make sure they meet the rules of the application they are making.

[dunnp]

Hi

I have since had my refusal letter they have stated that as I have only entered into the UK on a temporary stay that its not sufficient time to have established a family or private life in the UK.

Surly having my son to care for is sufficient evidence of my family life. Reading the notes of discretionary leave:

Where the return of an individual would involve a breach of Article 8 of the ECHR (right to respect for private and family life) on the basis of family life established in the UK, they should be granted Discretionary Leave. Leave should not be granted on this basis without a full consideration of the Article 8 issues.

How do we apply for this to be taken into account?