Urgent Help Needed

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 5:15 pm

Hi to All
I need urgent advice

I am married to a British girl.I was granted 2 years leave to remain as a spouse.then i applied for further leave to remain and my application is successful.

we have a daughter from our marriage.We were living at in laws place and i was contributing towards rent,bills and foods. i have some issue with in laws and the issues were getting in last few months.In the meantime i been offered a very attractive job outside London and i told them i want to move out of property but they said your wife will not go with you.She even refused to go with me,

I just left the property.My bio metric and passport are with them.
i dont want to divorce my wife but she is insisting that she wont leave the parents house.
i have been in UK now nearly 3 years .
i want to apply visa to some other category or can i get further leave on the basis that my daughter is in the UK and she is British.

please i need expert advice.

thanks

Post by **Amber** » Fri Aug 30, 2013 5:48 pm

Why did you apply for further leave (flr(m)?) and not settle on set(m)?

Are you in-laws ill and when does your current leave expire?

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 7:51 pm

I was given 27 month visa as spouse and i was told to apply ILR before expiry of the leave.I have send my application for ILR but UKBA again given me 27 months

when did old rules replaced by new rules where you could apply for ILR after 2 month

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 7:52 pm

what is best option for me??
can i apply leave to retain???
or any option and i dont want to loose work right and my job is well paid one

Post by **vinny** » Fri Aug 30, 2013 8:05 pm

nafeesakhtar wrote:I was given 27 month visa as spouse and i was told to apply ILR before expiry of the leave.I have send my application for ILR but UKBA again given me 27 months

when did old rules replaced by new rules where you could apply for ILR after 2 month

What form did you use for ILR? Did you satisfy KOL?

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 8:12 pm

yes i did KOL

SET (M)

Post by **vinny** » Fri Aug 30, 2013 8:17 pm

Was there any explanation about why they didn't grant you ILR?

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 8:22 pm

they just send me a letter confirming further leave.
if they did any other letter i wont have it as my wife family will have those letter including bio metric and passport

what should i do?
i have nothing in my hands?

Post by **vinny** » Fri Aug 30, 2013 8:31 pm

Ask for a reconsideration for ILR.

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 8:45 pm

do i need to change the address?
as if UKBA will send any correspondence on my wife's address i wont get it

and if i tell home office that i am on a different address then it will affect my application??????

Post by **Amber** » Fri Aug 30, 2013 8:47 pm

You must consider whether your relationship is subsisting, perhaps move back in and stick it out until you're settled. I'm not advocating this if your relationship isn't subsisting.

Post by **vinny** » Fri Aug 30, 2013 8:54 pm

Agreed.

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 9:06 pm

thanks a lot

one thing is confusing me that the probationary period for settlement rises from 2 to 5 years on 09.07.2012 and i have entry clearance in Nov 2010 and why they give me 27 month visa at that time....i think at that time you have to spent 2 years to qualify for ILR ...........am i right???

Post by **Amber** » Fri Aug 30, 2013 9:10 pm

Yes, you have transitional protection thus under Part 8 you can settle after 2 years, not sure why you were granted flr rather than ilr. When did you enter the UK?

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 9:12 pm

Can i challenge UK Border Agency Decision?
what will be procedure?

Post by **Amber** » Fri Aug 30, 2013 9:15 pm

D4109125 wrote:Yes, you have transitional protection thus under Part 8 you can settle after 2 years, not sure why you were granted flr rather than ilr. When did you enter the UK?

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 9:19 pm

any more comments?

Post by **vinny** » Fri Aug 30, 2013 9:21 pm

Waiting for your answer to Amber's question.

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 9:25 pm

nafeesakhtar wrote:any more comments?

Are you talking about this???

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 9:25 pm

Yes, you have transitional protection thus under Part 8 you can settle after 2 years, not sure why you were granted flr rather than ilr. When did you enter the UK?

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 9:26 pm

I came to UK in NOv 2010

Post by **vinny** » Fri Aug 30, 2013 9:29 pm

Yes.

When did you enter the UK on the Spouse visa and when did you apply for ILR?

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 9:34 pm

i enter on spouse visa
and apply for ILR in May 2013

Post by **Amber** » Fri Aug 30, 2013 9:36 pm

Did you apply for ILR after your visa had expired?

You don't by any chance have any criminal history? Any convictions at all?

nafeesakhtar · Post by **nafeesakhtar** » Fri Aug 30, 2013 9:40 pm

i applied before expiry of my visa
no criminal convictions

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Urgent Help Needed

Urgent Help Needed