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ILR refused for Main applicant -Waiting for Dependant

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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BSatti
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Posts: 50
Joined: Sun Oct 09, 2016 10:34 pm
Pakistan

ILR refused for Main applicant -Waiting for Dependant

Post by BSatti » Sun Oct 09, 2016 10:59 pm

Hi,

I have been a silent reader of this forum for few months and it has been very helpful. Thanks everyone!

My story goes like this:

My husband applied for ILR on 22nd January 2016 through PEO Croydon, however the decision was not made on that day and they handed in further inquiries letter to him. I applied as his dependent on 28th January 2016 by post. After a long wait, unfortunately my husband received refusal letter based on tax discrepancies. He then applied for Admin review but they maintained their decision. He is now preparing for judicial review.

I haven't received any response for my dependent application yet, but I am very worried that they can reject my application any day and I won't be allowed to work. I was wondering if it is worth applying for FLR application while they have my dependent application, to maintain 3C until judicial review's decision comes back? Can you please advise if applying for another application is a good idea? I really need to be in employment as my husband already can't work.
Any advise will be much appreciated.
Thanks

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CR001
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South Africa

Re: ILR refused for Main applicant -Waiting for Dependant

Post by CR001 » Sun Oct 09, 2016 11:13 pm

Did you also apply for ILR or for a PBS dependent visa extension?

Has your visa already expired?

Any application you make in a dependent category will fail if his application fails.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR refused for Main applicant -Waiting for Dependant

Post by vinny » Sun Oct 09, 2016 11:15 pm

BSatti wrote:I haven't received any response for my dependent application yet, but I am very worried that they can reject my application any day and I won't be allowed to work.
Unfortunately, they are likely to refuse your application, if your husband has failed.

If you leave has expired, then you cannot make a new application while under Section 3C. I'm not sure how varying your application will help you, as they are also likely to refuse it, unless you are eligible under Long residence.
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BSatti
Junior Member
Posts: 50
Joined: Sun Oct 09, 2016 10:34 pm
Pakistan

Re: ILR refused for Main applicant -Waiting for Dependant

Post by BSatti » Sun Oct 09, 2016 11:38 pm

CR001 wrote:Did you also apply for ILR or for a PBS dependent visa extension?

Has your visa already expired?

Any application you make in a dependent category will fail if his application fails.
I applied for Tier 1 Dependant as my husband was on Tier 1. I am just hoping that they hold my application till judicial review's result.

Thanks for your prompt response vinny.
If they refuse my application, then the only option i can think of is to apply for Tier 2 visa as my company will most likely sponsor me. But if I am not wrong I have to go back to home country to switch from Tier 1 Dependant to Tier 2, which is quite a risk as there is a probability that I won't get visa and i will get stuck there with my daughter while my husband will be in UK waiting for the judicial review.

It is really hard time for us but it will pass and there will be light at the end of this long tunnel. :)

Many Thanks

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