advice needed for a HSMP independant VISA please

[davidwang]

Dear all,

In 2004, I entered the UK as a HSMP visa for one year permision and 3 years extension. They said after four years we will get a PR but the government changed to five years later. So I applied another 3 years for extention. Later the court judgement came out and say we should give PR after 4 years stay. So finally I was gave PR in 2011 and the VISA letter said my PR status was deemed to give from 2008.

My question is in 2009, my wife applied a dependant VISA of me and was refused because Tier one dependant VISA need apply outside the UK, not inside the UK. She hold a student VISA at that time. Then we left the UK and live in China. Only me went back the UK sometimes to deal with our business in the UK (I operate a small company in Manchester )

From my view, because my VISA letter say my PR right was deemed to give in 2008. Then from this point when my wife applied the VISA, actually I was in PR status not Tier one status, she can apply the VISA inside the UK and would be success...

Since we are busy in China and she did not back the UK these years, there any chance we request them to review the VISA application or take a court action? Any help or advice are high appreciated.

Many thanks

David

[davidwang]

Anyone can help please?

[goldfish]

Why don't you apply for a visa for her based on your ILR (assuming it is still valid)? (I'm not expert on visas for family members, there's a separate forum for that if you need more information.)

I don't think you could take action based on the 2009 refusal because it is too long ago. When your ILR was issued in 2011 (back-dated to 2008), maybe there would have been an option to request review of the 2009 refusal if you had requested it at the time. However, 2011 is a long time ago and no action was taken at the time, so I don't think you would make much progress asking for a review now.

You might also want to get advice from an immigration lawyer since your situation is quite specific.