Spouse visa refused under paragraph E-LTRP.1.2 ex.1(b)

P4uLuv · Post by **P4uLuv** » Sun Jun 30, 2013 2:47 pm

Dear all,

Will be grateful if you can help. My wife's visa got refuse under the paragraph E-LTRP.1.2 ex.1(b). I am currently on Indefinite Leave to remain (settlement visa) and my wife has been dependent since 2008. In 2011, i got the settlement visa and my wife got a dependent visa. However, in June 2013, my wife submitted an application under the 10 year family route but unfortunately was refused.

Can anybody help?

Thanks

Post by **MPH80** » Sun Jun 30, 2013 9:16 pm

So your wife was refused as you aren't present and settled in the UK?

Is that right?

Can you post the full text of the refusal please.

P4uLuv · Post by **P4uLuv** » Mon Jul 01, 2013 12:25 am

Her visa was refused as I did not submit my passport and submitted only our marriage certificate. My passport is unfortunately at the Home Office as I have applied for my citizenship. I have settlement since 2011.

This is what he wrote:

"We have considered your claimed relationship with XXXXXXX and you failed to meet the requirement of E-LTRP.1.2 of the immigration rule. You have not provided your husband passport and therefore it is not accepted that you are the partner of a person present and settled in the UK for the purpose of the immigration rule and failed to meet the requirement of E-LTRP.1.2. We have considered if providing your partners passport would change the outcome of your application EX.1b has been considered and it is deemed that there are no surmountable obstacle to family life that would prevent you and your partner from continuing life outside the UK"

Post by **Amber** » Mon Jul 01, 2013 6:10 am

Was you wife a PBS dependent and then switched to flr(m) and was this a set(m) application? Did you not read what documents you had to send? You could ave used the NCS for your citizenship and kept your documents!

P4uLuv · Post by **P4uLuv** » Mon Jul 01, 2013 7:47 am

Yes, she was a PBS dependent and has applied to the 10 year family route. The case worker make another blunder by not giving her the right of appeal stating that she put in the application two days after her leave was over. But we have postal receipt etc.. to confirm otherwise..

Any suggestions?

Post by **Amber** » Mon Jul 01, 2013 8:00 am

P4uLuv wrote:Yes, she was a PBS dependent and has applied to the 10 year family route. The case worker make another blunder by not giving her the right of appeal stating that she put in the application two days after her leave was over. But we have postal receipt etc.. to confirm otherwise..

Any suggestions?

If she was a pbs dep then why did she not either apply on set(o) if qualified and you had settled as a PBS applicant or if you settled as a long resident then she could have applied flr(m) then when qualified (possible immediately) set(m)?

P4uLuv · Post by **P4uLuv** » Mon Jul 01, 2013 7:42 pm

Hi Amber,

She does not have the right of appeal at the moment. I will seek the right of appeal as the caseworker mentioned that she applied after her visa expired which was not the case. What do you suggest?

Post by **Amber** » Mon Jul 01, 2013 8:59 pm

Getting legal advice.

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Spouse visa refused under paragraph E-LTRP.1.2 ex.1(b)

Spouse visa refused under paragraph E-LTRP.1.2 ex.1(b)