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Please help me to identify my immigration status

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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HND STUDENT
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Posts: 32
Joined: Sat Jul 31, 2010 2:32 pm

Please help me to identify my immigration status

Post by HND STUDENT » Thu Oct 01, 2015 8:07 pm

My husband and my visa was expired in September 2013. My husband was eligible for ILR under long residence in September 2013. He was tier 4 student and I was his dependent since August 2007. In September 2013 he applied for ilr. While he applied for his ILR and my visa was expired , unfortunately my solicitor wrong advised me to apply in flr(o ) form , instead of flr ( m ) form in September 2013. While his Ilr application was pending my application was refused within one month with appeal right that my husband not citizen nor settle yet. In January 2014 my husband application was successful and he got ILR. I sent my bundle with his ILR copy to home office for my appeal hearing, home office withdrew the appeal and granted 2.5 years leave to remain visa in October 2014.My question is ,as my husband settled in uk should i switch to his spouse or i can apply for ilr directly or what is the best option for me ? I would be grateful if anyone advice me. Thanks.

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Casa
Moderator
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Please help me to identify my immigration status

Post by Casa » Thu Oct 01, 2015 8:38 pm

Under what visa category was your 2.5 year residence granted?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Kurshedalam
Junior Member
Posts: 68
Joined: Sun May 30, 2010 12:12 am
United Kingdom

Re: Please help me to identify my immigration status

Post by Kurshedalam » Fri Oct 02, 2015 10:54 am

Ask your solicitor

HND STUDENT
Newbie
Posts: 32
Joined: Sat Jul 31, 2010 2:32 pm

Re: Please help me to identify my immigration status

Post by HND STUDENT » Fri Oct 02, 2015 11:10 am

Thanks for your reply. My 2.5 years visa granted under appendix FM ( as a settlement person spouse ) that my solicitor said. But my ID card says 'leave to remain' only not a settlement person spouse. Thanks.

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Re: Please help me to identify my immigration status

Post by vinny » Fri Oct 02, 2015 11:44 am

If they treated your FLR(O) application as a FLR(M) application, then refer them to the rules and policy for FLR(M) applications under Part 8, prior to 6th April 2014.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

HND STUDENT
Newbie
Posts: 32
Joined: Sat Jul 31, 2010 2:32 pm

Re: Please help me to identify my immigration status

Post by HND STUDENT » Wed Oct 07, 2015 9:44 pm

Thanks for your reply.I got my file from solicitor today.Home office said,I have been granted leave within the immigration rules under D-LTRP.1.2 OF Appendix FM which include the exceptions paragraphs EX.1(a) and (b).Home office also said i can apply for ILR after 10 years.
I applied in September/2013 for extension under FLR (0)[as my solicitor advised] when my husband applied for ILR at the same time and he got ILR on January 2014 but my application was refused with appeal right.My appeal was withdrawn 21 march/2014.And home office issued my ID card after 7 months in October/2014.My question is while my appeal was pending ,My husband got ILR and appeal was withdrawn in 21 march/2014 and even I applied in September 2013 that means before rule changes from 6 April/2014,why home office issued me discretionary visa rather than as a settlement person spouse visa.Should I challenge home office regarding this visa was not correct and apply for ILR now.or do you think the visa was correct on my particular case.please note that i am continuously living as his PBS dependent since 2007. please advise me.i would be grateful if answer my query.many thanks.

sah10406
Diamond Member
Posts: 3630
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Please help me to identify my immigration status

Post by sah10406 » Thu Oct 08, 2015 1:40 pm

Why are you not asking your solicitor these questions?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

HND STUDENT
Newbie
Posts: 32
Joined: Sat Jul 31, 2010 2:32 pm

Re: Please help me to identify my immigration status

Post by HND STUDENT » Thu Oct 08, 2015 7:56 pm

Thanks for your reply.I don't want ask any more question to my present solicitor.He already messed my immigration matter.Please help me to clarify this matter so that I can go right way. Many thanks.

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