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Spouse visa appeal -new application?

Family member & Ancestry immigration; don't post other immigration categories, please!
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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Mkg
Newbie
Posts: 33
Joined: Sat Apr 30, 2016 3:17 am
United Kingdom

Spouse visa appeal -new application?

Post by Mkg » Mon Nov 28, 2016 2:36 pm

Hello everyone,

In April,I have applied for my ILR and for my wife FLR(M) . Unfortunately my ILR got rejected and after long battle I got my ILR visa now. At the same time after my refusal my wife's FLR(M) also rejected in may with appeal right. Now she is in appeal status and waiting for court date.
My question is ,can she withdraw her appeal and make a fresh application which is PBS dependant? As I cannnot got for FLR(M) coz of no job for me for last 6 months.
Please suggest me.
Thanks everyone

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa appeal -new application?

Post by Obie » Mon Nov 28, 2016 2:54 pm

That is risky. Without meeting the financial requirement, FLR (M) will likely fail. There will then be no in country right of appeal.
Smooth seas do not make skilful sailors

Mkg
Newbie
Posts: 33
Joined: Sat Apr 30, 2016 3:17 am
United Kingdom

Re: Spouse visa appeal -new application?

Post by Mkg » Mon Nov 28, 2016 3:19 pm

Obie wrote:That is risky. Without meeting the financial requirement, FLR (M) will likely fail. There will then be no in country right of appeal.
Thanks for the reply
For PBS dependant visa no fanancial requirement right? Just the funds maintainance?
Is it ok to go for PBS dependant?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa appeal -new application?

Post by Obie » Mon Nov 28, 2016 3:20 pm

How did you get ILR, on what basis?
Smooth seas do not make skilful sailors

Mkg
Newbie
Posts: 33
Joined: Sat Apr 30, 2016 3:17 am
United Kingdom

Re: Spouse visa appeal -new application?

Post by Mkg » Mon Nov 28, 2016 3:22 pm

Obie wrote:How did you get ILR, on what basis?
Court granted me permission for JR after that Ukba they sent me consent order.

Mkg
Newbie
Posts: 33
Joined: Sat Apr 30, 2016 3:17 am
United Kingdom

Re: Spouse visa appeal -new application?

Post by Mkg » Mon Nov 28, 2016 3:23 pm

Obie wrote:How did you get ILR, on what basis?
Got the ILR through t1 general 5 yr route

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa appeal -new application?

Post by Obie » Mon Nov 28, 2016 3:24 pm

My question is, on which basis? PBS or long residence.
Smooth seas do not make skilful sailors

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa appeal -new application?

Post by Obie » Mon Nov 28, 2016 3:27 pm

If she applied for FLR (M) and got refused, she cannot apply under PBS again , now that you have ILR. She would have been able to extend as a PBS dependent. However, she cannot come into it now as she switched category.
Smooth seas do not make skilful sailors

Mkg
Newbie
Posts: 33
Joined: Sat Apr 30, 2016 3:17 am
United Kingdom

Re: Spouse visa appeal -new application?

Post by Mkg » Mon Nov 28, 2016 3:50 pm

Obie wrote:If she applied for FLR (M) and got refused, she cannot apply under PBS again , now that you have ILR. She would have been able to extend as a PBS dependent. However, she cannot come into it now as she switched category.
thanks for you advise.
Her initially visa was t1 general dependant once expired! the mistake I did was applied for flr(m) with my ILR application.
No endup with no other way just need to wait for court date

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