Please advice and help!

[Raven]

Here is my story

My wife's spouse visa expired on 15/09/07 so i rang the home office in aug, i told the guy that cos my wife still hasnt done her english test and her visa is gonna expire on the above date, what do i need to do, he told me the best thing is to apply for extension, she will be granted a further 2 years and during that time she will be able to hopefully pass her english test and then apply for ILR, so i took his advice and he sent me the extension forms through the post. I filled them in and send them off.

A letter came from the home office requesting for further documents, i wrote a letter requesting for further 2 years cos i couldnt get the documents requested,

(i had absolute no knowledge that after 2 years you need to produce documents)

Her application got refused but i don't understand my wife applied for extension why did they wrote on the refusal letter that Mrs....... applied for rights to remain.. isnt that ILR. doesnt the new law say that in order to apply for ILR you need to pass english test??? they mentioned nothing in the refusal letter regarding english test.

I appealed and got an full hearing date..... i also been running around getting documents...... i am really stressed out about this...

I am worried if she is deportated, who will look after our 6months old son, i can't afford to stay off work, i also got mortgage to worry about as well as other bills.... i wish i could go back to the year 2005 and i should have got bills on her names if only i knew.... i made the biggest mistake in my life!

abt being deportated surely the home office wouldnt separate a mother from her child! they cant be stone hearted!

any help!

[SYH]

What further documents did they ask for?
The application states what is required. Did you not provide them the information????

You are also confusing FLR with ILR. FLR is further leave to remain is not ILR which is indefinite leave to remain. You do not have to apply for ILR ever, you can apply for FLR every 2 years indefinitely. ILR once granted does not require a renewal or extension or further applications.
For FLR you do not need Life in the UK test for ILR you do but that does not mean you do not need to provide other documents to support your FLR application.

In any case, it simply might be easier for your wife to go home and reapply for a visa there. To be honest the Home Office doens't like overstayers even if it is just a mistake or misunderstanding of the rule on your part.

[Docterror]

abt being deportated surely the home office wouldnt separate a mother from her child! they cant be stone hearted!

I would like to start with a request. Please wake up!

What are the exact reasons stated for the refusal. Also as asked above what documents did they ask for before they refused the application? If you have asked for further leave to remain, then they should give you a further 2 years which would be ample time to collect evidence of co-habitation.

Finally, what were the dates of the expiry of visa, the application being made, the refusal and the appeal?

[Raven]

What further documents did they ask for?
The application states what is required. Did you not provide them the information????

You are also confusing FLR with ILR. FLR is further leave to remain is not ILR which is indefinite leave to remain. You do not have to apply for ILR ever, you can apply for FLR every 2 years indefinitely. ILR once granted does not require a renewal or extension or further applications.
For FLR you do not need Life in the UK test for ILR you do but that does not mean you do not need to provide other documents to support your FLR application.

In any case, it simply might be easier for your wife to go home and reapply for a visa there. To be honest the Home Office doens't like overstayers even if it is just a mistake or misunderstanding of the rule on your part.

They wanted documents addressed jointly or individual providing it has the same address, i have provided them some, but not enough

The home office doesn't believe that we intent to live together as husband and wife in the future

Why should my wife go home and re apply? she didnt over stay, she applied before her visa ran out.

[Raven]

abt being deportated surely the home office wouldnt separate a mother from her child! they cant be stone hearted!

I would like to start with a request. Please wake up!

What are the exact reasons stated for the refusal. Also as asked above what documents did they ask for before they refused the application? If you have asked for further leave to remain, then they should give you a further 2 years which would be ample time to collect evidence of co-habitation.

Finally, what were the dates of the expiry of visa, the application being made, the refusal and the appeal?

The exact reasons for the refusal was that the home office didn't believe that we will live together as husband and wife in the near future. They wanted documents for the past 2 years as evidence of our co habitation.

Her visa expiry date was 15/09/07, she applied for an extension on 20/08/07, but before that i rang the home office up they told me that my wife applies for an extension and they send the forms through the post.

I got a letter from the home office on 26th aug 07 requesting for further documents. I replied requesting for further 2 years and that i couldn't get the documents requested.

On 16th oct 07 my wife recieved all the doucments which were provided and a refusal letter stating that the sectarty of state doesnt believe that we intent to live together as wife and husband.

I appealed, got a date for the appeal on 26th nov 07. I have now got additional documents and need to send them off to the immigration tribunal before 22 nd nov 2007.

I also got my local MP invloved and also a Barrister who looked at my case, he told me as long as i get documents, everything is going to be alright, as my case is not a very big issue.

[SYH]

Well it would have helped if you had provided the additional documents that you had found since then so you go through the appeal process and hope for the best.

why should your wife go home and apply again, because sometimes you just have to play the game even though it was unfair to you.

[Raven]

Well it would have helped if you had provided the additional documents that you had found since then so you go through the appeal process and hope for the best.

why should your wife go home and apply again, because sometimes you just have to play the game even though it was unfair to you.

Well i know it will sound stupid but i had absolute no knowledge that after 2 years you need to produce document evidence to show you are still living together, if i had then i would have collected all the letters since she came here.

For the past weeks i been collecting letters. very stressed out!

[SYH]

Well it would have helped if you had provided the additional documents that you had found since then so you go through the appeal process and hope for the best.

why should your wife go home and apply again, because sometimes you just have to play the game even though it was unfair to you.

Well i know it will sound stupid but i had absolute no knowledge that after 2 years you need to produce document evidence to show you are still living together, if i had then i would have collected all the letters since she came here.

For the past weeks i been collecting letters. very stressed out!

I dont know what the applications says but did it not ask you for those documents
And then the HO sent a followup letter for them??? so it really is unfortunate that you have to sort it out in the appeal process

[Raven]

Well it would have helped if you had provided the additional documents that you had found since then so you go through the appeal process and hope for the best.

why should your wife go home and apply again, because sometimes you just have to play the game even though it was unfair to you.

Well i know it will sound stupid but i had absolute no knowledge that after 2 years you need to produce document evidence to show you are still living together, if i had then i would have collected all the letters since she came here.

For the past weeks i been collecting letters. very stressed out!

I dont know what the applications says but did it not ask you for those documents
And then the HO sent a followup letter for them??? so it really is unfortunate that you have to sort it out in the appeal process

This is the thing which is confusing me... If you look at the application form

www.ind.homeoffice.gov.uk/6353/11406/flr(m)may.pdf

Yes it does say doucments are needed but only for those people who are unmarried, same sex... look at 8C

[avjones]

I don't know where you get that from?

The form pretty clearly says you need to provide 20+ documents spread evenly over the 2 years, as many as possible in joint names.

[Docterror]

Amanda, that is strictly for same sex or unmarried partners only. Married ones are not held to that requirement as well. Nothing as far as I can see makes it a legal refusal and I think that the OP is really unfortunate to go through all this... assuming that they applied with a FLR(M) and not a SET(M).