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VISA ISSUES

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Alikhan07
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Posts: 6
Joined: Sun Apr 02, 2017 10:31 pm

VISA ISSUES

Post by Alikhan07 » Thu Apr 06, 2017 10:01 pm

Hi everyone im not sure if im in the right section but i would like to ask you guys for some advice.
My visa history is i have never been illegal in this country and its going to be 10 years this September.
I had eea family permit which expired in july 2015 then I applied for permanent residence which was refused in the meantime i got married and applied for eea family permit.
As my wife always had Irish passport But it was refused as home office said my wife was born in this country and has never been anywhere in eea.
To which my solicitor advicef to appeal and now it has been 18 months and my appeal is in june.
Someone here has told me before that it is going to be refused.
My ask is can if apply for a British visa do i have to go back to my country and apply or i can apply from here and my wife meets all the requirements for a British visa as well.
Any advice will be really helpful as i am bit stressed about going back as i have just secured a really good job :(

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: VISA ISSUES

Post by vinny » Thu Apr 06, 2017 10:13 pm

You may (have to) apply for a spouse visa from home country.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: VISA ISSUES

Post by vinny » Thu Apr 06, 2017 10:16 pm

Alikhan07 wrote:its going to be 10 years this September.
I don't think that a Long residence application will succeed now.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Alikhan07
Newly Registered
Posts: 6
Joined: Sun Apr 02, 2017 10:31 pm

Re: VISA ISSUES

Post by Alikhan07 » Thu Apr 06, 2017 10:23 pm

vinny wrote:You may (have to) apply for a spouse visa from home country.
So even though i have never been overstayed and always had a visa or application within time limits with home office i still have to go back home to apply for a British spouse visa and how long will it take

Alikhan07
Newly Registered
Posts: 6
Joined: Sun Apr 02, 2017 10:31 pm

Re: VISA ISSUES

Post by Alikhan07 » Thu Apr 06, 2017 10:27 pm

And my appeal is in june will this help? Hopefully i will get visa on this what do u think ?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: VISA ISSUES

Post by vinny » Thu Apr 06, 2017 10:32 pm

You were not eligible to apply under the EEA regulations and Section 3C is not engaged for applications under the EEA regulations.

Technically, if your leave under the immigration rules has expired. then you have overstayed!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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