- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
No,I always left at the right time. I travelled in and out with my son who had gotten his british passport. I gave birth to him here in the Uk and we paid full maternity cost as i was on visitors visa and we honestly didn't want anything to spoil my records as i had a good one. Thank youWanderer wrote:How often and what was the pattern of stay on visit visas? Did you stay more than 6 months in any 12?
As i mentioned i had been coming in and out of the Uk on visitors visa since 2005. Never overstaying,never breaking any rules or taking public funds.we even paid for the delivery of our child who was born british as his dad is a british citizen. Our lawyer did mention that the application could be refused and we could appeal if that was the case. We got married here in the Uk and i'm currently expecting our second child. People do switch to various categories here in the Uk especially if you have genuine reasons. I just feel they shouldn't use wrong decisions to make a judgement on our case. Is it possible to have it looked into or could they take the leave of me if i query them?CR001 wrote:I am fairly certain that you cannot switch in country to any visa category if you are on a visitor visa. Spouse visa needs to be applied from your home country as Entry Clearance. You can only apply to switch in country if you are on a visa category that allows it (work permit/PBS/Ancestry etc). Your solicitor should have told you this.
But the rules are very clear that a person in the UK on a visitor visa cannot switch into another category (spouse, Ancestry, study or work visas).Nenepep wrote:People do switch to various categories here in the Uk especially if you have genuine reasons.
I currently have a 2year visit visa on my passport and it expires in august. They could have mentioned that i am not allowed to apply here as their reason and based it on that,but clearly that wasn't mentioned.CR001 wrote:But the rules are very clear that a person in the UK on a visitor visa cannot switch into another category (spouse, Ancestry, study or work visas).Nenepep wrote:People do switch to various categories here in the Uk especially if you have genuine reasons.
As Wanderer and Casa have said, you are lucky you got a visa on the 10 year route because they could have refused your application outright.
When does/did your visitor visa expire?
Amber,do you think its possible to put in the application now that i was just given the 120 months limited leave?Amber wrote:Just put in an application for FLR(M) now that you have valid leave and that'll put you on a 5 year route to settlement. A1 English required in addition to the Financial Requirement. Your solicitor should have explained this!
You can. Amber is right no need to leave the country to apply.Nenepep wrote:Amber,do you think its possible to put in the application now that i was just given the 120 months limited leave?Amber wrote:Just put in an application for FLR(M) now that you have valid leave and that'll put you on a 5 year route to settlement. A1 English required in addition to the Financial Requirement. Your solicitor should have explained this!
I really dont know where dey came up with the overstaying part.i never have. I did pay the application fee of 600plus and paid my lawyer too....lol. I really think there's a mistake here because all the reasons mentioned by the home office clearly does not apply to me and are enough reasons to actually refuse an application,which they didn'tWanderer wrote:Why did they say you'd overstayed by over 28 days?
I think they've granted leave as FLR(FP) and to be honest you where lucky to get that since switching from a visit visa is not permitted unless under extreme compassionate grounds. I presume you didn't pay a fee?
To right it I think you'll have to return to your home country and apply for a spouse visa on form VAF4A in the proper manner.
How much time did you spend in UK over the period of the two year visit visa? There is a rule that you have to be a 'genuine visitor', and no more than 6 months stay in any 12 is the guide the IO's use to judge that. If you;d been effectively living here in a visit visa for most of a year the ECO could have considered this overstay and granted FLR(FP). If so (and I'm guessing like mad!) you have been really lucky to get what you got - normally UKVI can be a bit brutal.....Nenepep wrote:I really dont know where dey came up with the overstaying part.i never have. I did pay the application fee of 600plus and paid my lawyer too....lol. I really think there's a mistake here because all the reasons mentioned by the home office clearly does not apply to me and are enough reasons to actually refuse an application,which they didn'tWanderer wrote:Why did they say you'd overstayed by over 28 days?
I think they've granted leave as FLR(FP) and to be honest you where lucky to get that since switching from a visit visa is not permitted unless under extreme compassionate grounds. I presume you didn't pay a fee?
To right it I think you'll have to return to your home country and apply for a spouse visa on form VAF4A in the proper manner.
I also know i'm lucky to be granted the leave but they also aren't used to applicants who are as honest as we are i guess.
We never really calculated it that way to be honest. I just know i never elapsed the 6 months. 2013 feb i returned home after spending 6months from 2012 , i came back into Uk in may of 2013 and left in october, then i returned again in november,planned to leave in may.then my partner suggested we get married since we were allowed to do so.he had proposed on my bday 2013,shortly before i was to leave,we found out i was pregnant and then started having complications and we decided to apply from here. We figured we'd rather be here together and try to get it sorted than me go home and get stuck with our child and the pregnancy. I always travelled with our child.Wanderer wrote:Nenepep wrote:I really dont know where dey came up with the overstaying part.i never have. I did pay the application fee of 600plus and paid my lawyer too....lol. I really think there's a mistake here because all the reasons mentioned by the home office clearly does not apply to me and are enough reasons to actually refuse an application,which they didn'tWanderer wrote:Why did they say you'd overstayed by over 28 days?
I think they've granted leave as FLR(FP) and to be honest you where lucky to get that since switching from a visit visa is not permitted unless under extreme compassionate grounds. I presume you didn't pay a fee?
To right it I think you'll have to return to your home country and apply for a spouse visa on form VAF4A in the proper manner.
I also know i'm lucky to be granted the leave but they also aren't used to applicants who are as honest as we are i guess.
How much time did you spend in UK over the period of the two year visit visa? There is a rule that you have to be a 'genuine visitor', and no more than 6 months stay in any 12 is the guide the IO's use to judge that. If you;d been effectively living here in a visit visa for most of a year the ECO could have considered this overstay and granted FLR(FP). If so (and I'm guessing like mad!) you have been really lucky to get what you got - normally UKVI can be a bit brutal.....
I don't understand that i was not refused based on that grounds ,no where in the letter was it stated that i was on visitors visa.Instead,if that is the case,why base the decision of granting me the ten year route on grounds that don't apply to me.Amber wrote:What don't you understand about what's been explained? You were on a visitors visa and thus were not allowed to apply for FLR(M), no ifs or buts about it.
Nenepep wrote:I don't understand that i was not refused based on that grounds ,no where in the letter was it stated that i was on visitors visa.Instead,if that is the case,why base the decision of granting me the ten year route on grounds that don't apply to me.Amber wrote:What don't you understand about what's been explained? You were on a visitors visa and thus were not allowed to apply for FLR(M), no ifs or buts about it.
Amber ,my sincere concern now is can i switch to the FLR(M), when can I apply for it? Or do I still write to review the mistakes and if making them of their mistakes wont result in them reversing it to a refusal.
Thank you.
Tunjy, i dont think you read my comments properly. I have already been granted leave to remain on the 10 year route.I already have my biometrics card.tunjy wrote:Nenepep wrote:I don't understand that i was not refused based on that grounds ,no where in the letter was it stated that i was on visitors visa.Instead,if that is the case,why base the decision of granting me the ten year route on grounds that don't apply to me.Amber wrote:What don't you understand about what's been explained? You were on a visitors visa and thus were not allowed to apply for FLR(M), no ifs or buts about it.
Amber ,my sincere concern now is can i switch to the FLR(M), when can I apply for it? Or do I still write to review the mistakes and if making them of their mistakes wont result in them reversing it to a refusal.
Thank you.
Pls i will like u to go and read carefully and understand: immigration directorate instructions
chapter 8: appendix FM family members
consideration of paragragh EX.1:Exception.
You do not have leave to remain in the uk, you only have visitor visa ,therefore you fall in the same level with illegal immigrant and overstayer. 5 years route is for partner/spouse that meet all the requirements (leave to remain is one them not visitor visa). 10 years route is for partner/spouse that do not meet all the requirements.
A friend of mine was an illegal immigrant has a british partner and a british child. He applied for leave to remain based on family member of a british citizen making reference to Appendix FM family ,paragragh EX.1:Exception. He was given 2.5 years,10 years route to ILR ( even if that my friend is overstayer or on visitor visa, he still has to go through 10 years route to ILR ).
Even with your visitor visa and you meet other requirements,you still have to go through 10 years route to ILR bcos you do not meet ALL requirements.
Amber wrote:You can switch to FLR(M) at any time, if you meet the requirements. You can't ask them to reconsider.
Thanks a lot Amber,really appreciate the infoNenepep wrote:Amber wrote:You can switch to FLR(M) at any time, if you meet the requirements. You can't ask them to reconsider.
Hi Vinny,vinny wrote:M.