Wrong acquisition and decision of my dependant application.

[madhury0407]

I will need a urgent advice from you.let me tell you what UKBA did to me. i have come to this country in 2007. i was a student.in February, 2011 i got my PSW visa which was till February 2013.In 2011 i got married.after that i was staying on my PSW. in November 2012,3 month before my visa expires i have gone back to my country and switch my visa and came back to UK as a psw dependant.because my husband was in PSW visa.in September 2013 ,he applied as a tier 1 entrepreneur and me as his dependant.

with our visa application we have sent my previous biometric card of PSW (because we cannot retain them). When i have applied in my country as a dependant ,the visa office said they are not allowed to take the card.anyway our solicitor also highlight this in the cover letter which was gone with the application.

anyway now they have sent me a refusal letter with no right to appeal.They mention the last visa of mine is psw and after February 2013 i didn't extend my visa,and applied in September 2013..so for this i am a overstayer. i have to leave the country by 23rd October.

i am sure they just saw my biometric card and made this decision which is completely wrong.they didn't even see my visa in the passport (because if you applied in your country ,they didn't give you card,they give visa on passport) and the cover letter by solicitor,i am really stressed and feeling humiliated. how this type of caseworker is working there i really don't understand.

[madhury0407]

plz everyone...give me some advise ...what i can do now

[Casa]

Your solicitor is the best one to advise you as they have all the facts.

[vinny]

Keep calm. It's obviously a mistake.

Submit an appeal within the time limit, if you made an in-time valid application and have no leave remaining. Ask a judge to decide on your right of appeal, similar to the case of Basnet.

[madhury0407]

@vinny , thnx for the reply. They did not give me right to appeal. So can i appeal against it? Or should i give them email or fax regarding their mistake. They didnot give me my passport back. So if they check my passport again they will surely find their fault.

[vinny]

They did not give me right to appeal

From your own experience, you are already aware that the UKBA makes mistakes.

It's not the UKBA's decision on who may be entitled to a right of appeal. The requirements are govern by statue.

Do click on the given links for more information.