Hi all,
I've been searching the boards to try to find a case similar to ours but with no luck.
My wife came on a Tier 4 student visa. Before expiration we applied for discretionary leave because we did not meet the financial requirement of the Spouse Visa (as I am currently studying). We were rejected for discretionary leave on the basis that we could live in Colombia (even though we met here and have never been there together). We appealed this and lost. By this time we had arranged our finances accordingly and applied for an FLR(M) visa. I understand that we were able to apply from within country due to my wife previously having a tier 4 student visa.
There seems to be no obvious reason to reject the pending application, however we have been informed that "because we went outside of immigration rules by applying for discretionary leave", they may award a visa outside of immigration rules, i.e. discretionary leave. So after fighting for discretionary leave and losing, then applying for another visa, we may end up with the visa we originally fought for.....just seems nuts....
We have been informed by our advisor that it has now been allocated to a case worker and we should hear within 2 weeks. I was just wondering if anybody has any knowledge of this type of situation as we are now on tenterhooks waiting for the determination.
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