CAN WE SWITCH FROM LLR(PARENT) TO SPOUSE VISA

[cezza2012]

hi my husband applied for spouse visa in may, which was rejected and in place was giving 30 months limited leave to remain(parent) via the 10 year route, however, we are wondering when this 30 months is near an end can we apply for spouse visa again? as its going to cost us 1850 to renew this visa which is alot of money!! so opting to apply for spouse visa again will save us money!! thanks

[Kitty]

It should be possible to switch back onto the 5-year spouse route if you meet the requirements: you would not need to wait 30 months (although note you would only be able to appeal a refusal in the Tribunal if your current leave expired while the new applicaiton was being decided).

E-LTRP.2.1. The applicant must not be in the UK-


(a) as a visitor;
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner; or
(c) on temporary admission.

E-LTRP.2.2. The applicant must not be in the UK in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less), unless paragraph EX.1. applies.

Why were you refused the first time? Did you appeal?

[cezza2012]

They never gave us the option to appeal Mabe because they gave his this 30 month visa, they refused due to his visa being curtailed 20th April and because we didnt make application until 21st may but because we overloaded them with information they gave him this visa in with his refusal because our daughter human right act thing!

[Kitty]

Yes, if he had overstayed by the time you applied then that explains why he would not have qualified for leave to remain under the old rules, and would not have had a right of appeal. He was instead granted permission to stay under the family life provisions of the new rules.