Complex situation but need you help

naeemengineer · Post by **naeemengineer** » Thu Mar 08, 2012 12:50 am

I came to UK in sept 2002. and my wife joined me in july 2006.
in august 2011 my visa was curtailed and when I applied for visa transferred UKBA KEPT MY passport and asked me to leave the country. I launched another application and UKBA did not change their decision but issued a letter to my wife and two kids mentioning that they have leave to remain till april 2012. because ukba use their discretionary right.
I have been issued work permit on Nov 2006 and in Nov 2011 I could have gone on ILR.
now could you tell me what application I can launch for my wife. can I go for ILR because she was on work permit dependent for five years.

please advice me.
and possibilities as well.

DieselD · Post by **DieselD** » Thu Mar 08, 2012 10:18 am

You should read News on the UKBA website ( Automatic settlement for skilled workers to end ) and see if it applies to you. In April 2012 the threshold is believed to be increasing to 35000 K. Therefor I would apply before April.

wqzh · Post by **wqzh** » Thu Mar 08, 2012 10:45 am

DieselD wrote:You should read News on the UKBA website ( Automatic settlement for skilled workers to end ) and see if it applies to you. In April 2012 the threshold is believed to be increasing to 35000 K. Therefor I would apply before April.

I think the threshold will be implemented from 6 April.

Post by **Greenie** » Thu Mar 08, 2012 12:09 pm

DieselD wrote:You should read News on the UKBA website ( Automatic settlement for skilled workers to end ) and see if it applies to you. In April 2012 the threshold is believed to be increasing to 35000 K. Therefor I would apply before April.

his leave has been curtailed - I think you have missed the point of his post.

Post by **Greenie** » Thu Mar 08, 2012 12:11 pm

naeemengineer wrote:I came to UK in sept 2002. and my wife joined me in july 2006.
in august 2011 my visa was curtailed and when I applied for visa transferred UKBA KEPT MY passport and asked me to leave the country. I launched another application and UKBA did not change their decision but issued a letter to my wife and two kids mentioning that they have leave to remain till april 2012. because ukba use their discretionary right.
I have been issued work permit on Nov 2006 and in Nov 2011 I could have gone on ILR.
now could you tell me what application I can launch for my wife. can I go for ILR because she was on work permit dependent for five years.

please advice me.
and possibilities as well.

why was your leave curtailed? Was was the effective date of the curtailment (i.e. on what date did your leave expire?). Were you given a right of appeal?

On what basis was your wife given leave to remain until April 2012 - did they curtail her leave as a dependent and then grant her discretionary leave or did they limit her WP dependent leave to April 2012?

naeemengineer · Post by **naeemengineer** » Thu Mar 08, 2012 6:19 pm

My first work permit was issued on Nov 2006. and i should be going for ILR on Nov 2011. so i do not think i fall in the new £35000 threshhold.

Please see the answer to you questions

Why was your leave curtailed
I was doing permanent job and I transferred my visa to new employer. when my visa was transferred, employer pulled out the job offer. that happened in Jan 2010.
UKBA then curtailed my visa in Agust 2011. I did home office know about my situation
? Was was the effective date of the curtailment (i.e. on what date did your leave expire?). Were you given a right of appeal?
I never been served with any letter nor I have been given any appeal right

On what basis was your wife given leave to remain until April 2012 - did they curtail her leave as a dependent and then grant her discretionary leave or did they limit her WP dependent leave to April 2012?

Like I said, I never was issued any letter nor my wife and kids. UKBA used their discretionary right to limit the leave till April 2012. We did not apply for that.

DieselD · Post by **DieselD** » Thu Mar 08, 2012 6:38 pm

I think you should ask for a letter from the UKBA explaining their reasons and make an appeal on the old laws that were in place in 2006. Use a lawyer to argue the legal points for you.

naeemengineer · Post by **naeemengineer** » Tue Mar 13, 2012 10:56 pm

I have been in touch different solicitors but no one came up with solid answer.

could you please suggest me a good solicitor or firm

regards

Post by **vinny** » Tue Mar 13, 2012 11:20 pm

See also Any good law firm recommendation?

Post by **Greenie** » Wed Mar 14, 2012 8:30 am

How do you know your leave has been curtailed if you have never received a letter about it? How do you know your wifes leave has been limited to April 2012 if they haven't sent her a letter either?

Post by **vinny** » Wed Mar 14, 2012 9:02 am

Did the UKBA always have your correct address?

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Complex situation but need you help

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Complex situation but need you help

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