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extension refused, can apply again through different category?

Family member & Ancestry immigration; don't post other immigration categories, please!
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cyclina1
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extension refused, can apply again through different category?

Post by cyclina1 » Wed Jul 18, 2018 1:49 am

Ask on behalf of my friend -

both are self-employed, they applied through self-employed income, but due to SA302 problem get the extension of spouse visa refused, see the photo attached please.
37293316_10157652978807729_3581596970713612288_n.jpg
refusal letter
37293316_10157652978807729_3581596970713612288_n.jpg (136.97 KiB) Viewed 491 times
Actually they have saving >62500. can they apply the extension again by category D by solely saving? they of course don't want to take this leave and settle only by 10 years route. So they want to file the new extension application using FLR M. Thanks for your advice.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Re: extension refused, can apply again through different category?

Post by CR001 » Wed Jul 18, 2018 7:29 am

So why didn't they use they savings route in the first place instead of the more complicated self employment route?
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cyclina1
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Re: extension refused, can apply again through different category?

Post by cyclina1 » Wed Jul 18, 2018 1:18 pm

CR001 wrote:
Wed Jul 18, 2018 7:29 am
So why didn't they use they savings route in the first place instead of the more complicated self employment route?
In short, they were tricked by their solicitor.....

her spouse visa expired on sept this year and in June she prepared to extend and thus looking for solicitor to help her case. Honestly, I even don't know why the solicitor would do the application for her so early as it should be submitted within 28 days before visa expired. She doesn't know the rule well and just want to prepare things earlier.

Her saving fulfill 6 months rule only at the end of August. but still she can wait until that fulfilled.

She has no right to appeal and granted 3 years leave through 10 years route. Her solicitor said will ask HO for reconsideration. I don't know it will success honestly.

Btw, she told me that she cannot choose to refuse the leave to remain granted alternatively, and must take the leave granted by the HO. (quite strange to me as her currrent visa is valid, why the HO enforces her to take the leave?) but in this case can she still file the fresh new application, extend spouse visa through saving category again?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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cyclina1
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Re: extension refused, can apply again through different category?

Post by cyclina1 » Thu Jul 19, 2018 10:23 am

Anyone has idea?
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cyclina1
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Re: extension refused, can apply again through different category?

Post by cyclina1 » Fri Jul 20, 2018 6:29 pm

Final call: anyone has idea? Thanks.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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