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Advice on incorrectly issued visa please

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lainybug
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Posts: 38
Joined: Tue Aug 03, 2010 8:40 pm
Location: United Kingdom
United Kingdom

Advice on incorrectly issued visa please

Post by lainybug » Sun Jan 05, 2014 10:56 am

Hi everyone,

I was just wondering if any one had any advice they could offer about my situation, please. We will obviously consult an immigration lawyer closer to the time (as we did at the time of switching visas), but I am hoping someone else has some experience with similar cases and has some ideas on what to do.

So...my husband and I came to the UK in Feb 2011. He was on an Ancestry visa, and I was on an Ancestry dependent visa.

Then around October 2012 we discovered that my husband was, in fact, eligible for British Citizenship. This was under the rule UKM, as he was born before 1983 to a British mother, who was herself born in a Protectorate. He subsequently applied for citizenship, and was successful.

Because of this, I had to change to a different visa, namely "Spouse of a British citizen". However, I was applying after the rule change in July 2012. As I had been on a different visa prior to this, the UKBA would not take into account the time I had already been in the UK, even though I was still married to the same man. As such, I had to apply under the new rules, and will have to wait a further 5 years to be eligible for ILR.

We did my application in person in Cardiff in March 2013 and I was issued with a spouse visa. However, I was expecting the visa to be valid for 30 months, after which I understood that I'd have to reapply for FLR for another 30 months, to make up 5 years.

However, my visa is only valid for 24 months. I immediately contacted Cardiff, both by email (to which I received no reply) and by phone. The lady on the phone had a look at my records and informed me that the person who had done my application had incorrectly considered me under the old rules. However, she said that as it was their mistake, she would allow it to remain the way it is, which is in my favour, and that I should just go ahead and apply for ILR at the end of the 24 month visa. She told me she had added a note to my file regarding this.

So my question is...what do I do now? Just apply for ILR in March 2015 and hope they stand true to their word? Or question it further? I don't have anything in writing, obviously, only the details of the phone call (date, time, name).

Any thoughts would be most welcome!

Thank you!

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