DEPENDENT EXTENSION REFUSED, AR REFUSED, PLZ HELP

[atmone]

Dear All,

HO cancelled my T1e visa last year due to TOEIC scam. We did not receive any decision against my wife's dependent visa.

So, before her visa expiry date, followed an professional immigration consultant's advice, my wife applied the T1e dependent visa extension application this July while my appeal is pending.

HO refused her application on August, then we applied AR but get refusal again and no ground of appeal.

We have asked several law firm and chambers, now there are two completely different opinions:

A--Some solicitors say as an dependent of mine, our visa status are automatically linked. Any decision on my visa will automatically apply on hers. HO should have linked our cases together at the very beginning which they didn't. HO should cancelled her visa when they cancel mine. So they advised us to submit an appeal form to the court and ask the Judge to link our cases together. Then, she can stay with me until the outcome of my appeal. This appeal is not against the refusal, but the decision she should but never received.

B--Some say she can only go back to our country ASAP and apply for entry clearance. Because HO refused her application and she has no ground of JR and appeal. We do can submit the appeal, but it is waste of time. Anytime she spends in the UK now is counting as overstay time.

Who should we listen to?

Regards


Atmone

[Obie]

But she did not make a human right claim so how are the lawyer saying she has a right of appeal.

[atmone]

But she did not make a human right claim so how are the lawyer saying she has a right of appeal.

We did mention human right both in the application and the AR, but HO choose to ignore.

A solicitor has already submitted the appeal form for us, we are now waiting what the judge will do.

Do you have any advice?