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Refugee Leave to Remain

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

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SyS64786
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Joined: Sat May 21, 2016 5:51 am

Refugee Leave to Remain

Post by SyS64786 » Sun Jan 15, 2017 10:26 pm

Hello there,

I would like to know if i can apply for Spouse visa through my (wife-to-be) while her status in UK is (Refugee Leave to Remain which is until 2019).

thanks

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Casa
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Re: Refugee Leave to Remain

Post by Casa » Sun Jan 15, 2017 10:35 pm

SyS64786 wrote:Hello there,

I would like to know if i can apply for Spouse visa through my (wife-to-be) while her status in UK is (Refugee Leave to Remain which is until 2019).

thanks
Yes, if you meet all the standard requirements for a spouse visa.

SET18.3 Sponsors eligibility
The sponsor (UK refugee / person with HP) must hold valid leave as a refugee or person with HP.
The sponsor must be able to maintain and accommodate the applicant.
In the case of a spouse or partner, the marriage or relationship between the sponsor and the applicant must be genuine and subsisting and they must intend to live together permanently.
(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.

SyS64786
Newbie
Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Refugee Leave to Remain

Post by SyS64786 » Sun Jan 15, 2017 11:57 pm

Casa wrote:
SyS64786 wrote:Hello there,

I would like to know if i can apply for Spouse visa through my (wife-to-be) while her status in UK is (Refugee Leave to Remain which is until 2019).

thanks
Yes, if you meet all the standard requirements for a spouse visa.

SET18.3 Sponsors eligibility
The sponsor (UK refugee / person with HP) must hold valid leave as a refugee or person with HP.
The sponsor must be able to maintain and accommodate the applicant.
In the case of a spouse or partner, the marriage or relationship between the sponsor and the applicant must be genuine and subsisting and they must intend to live together permanently.


Does she has to first get her "Passport or IRL", Currently her status is "Refugee Leave to Remain" ?
Is she considered as "settled person"? at the moment ( i am bit confused ).
is IRL = Refugee Leave to Remain ?

Secondly, i would like to know if My past history in UK would affect our application. I have been refused visa ( Tier 4 ) under 320 (7A) for not mentioning the PND i was given in UK which was a genuine mistake.( i can explain that as i have made many mistakes on my application ).

Obie
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Location: UK/Ireland
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Re: Refugee Leave to Remain

Post by Obie » Mon Jan 16, 2017 12:31 am

370 (A) will not affect spouse application.
Smooth seas do not make skilful sailors

SyS64786
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Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Refugee Leave to Remain

Post by SyS64786 » Mon Jan 16, 2017 11:00 am

Obie wrote:370 (A) will not affect spouse application.

thanks for your reply. How about (PND) itself. would it affect my application?

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Casa
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Re: Refugee Leave to Remain

Post by Casa » Mon Jan 16, 2017 12:55 pm

I believe it may fall under the failure to disclose material facts.

Also when was the Public Disorder Notice (PND) served?
"The applicant has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record within the 12 months prior to the date on which the application is decided"

Obie may have other comments.
(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.

SyS64786
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Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Refugee Leave to Remain

Post by SyS64786 » Mon Jan 16, 2017 1:33 pm

Casa wrote:I believe it may fall under the failure to disclose material facts.

Also when was the Public Disorder Notice (PND) served?
"The applicant has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record within the 12 months prior to the date on which the application is decided"

Obie may have other comments.

It was back in 2013.

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Casa
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Re: Refugee Leave to Remain

Post by Casa » Mon Jan 16, 2017 1:35 pm

You may still have a problem due to not declaring the PND.
(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.

SyS64786
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Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Refugee Leave to Remain

Post by SyS64786 » Mon Jan 16, 2017 2:36 pm

Casa wrote:You may still have a problem due to not declaring the PND.
i could still be rejected :( ?

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Casa
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Re: Refugee Leave to Remain

Post by Casa » Mon Jan 16, 2017 2:43 pm

SyS64786 wrote:
Casa wrote:You may still have a problem due to not declaring the PND.
i could still be rejected :( ?
Yes, in my opinion it could. You were required to state in the application any convictions during your time in the UK, which you omitted to do :?:
(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.

SyS64786
Newbie
Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Refugee Leave to Remain

Post by SyS64786 » Mon Jan 16, 2017 6:34 pm

Casa wrote:
SyS64786 wrote:
Casa wrote:You may still have a problem due to not declaring the PND.
i could still be rejected :( ?
Yes, in my opinion it could. You were required to state in the application any convictions during your time in the UK, which you omitted to do :?:
Yes, but that was a genuine mistake ( i have also made few other mistakes on my application ). i didn't intend to hide any information whatsoever. :? .

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Casa
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Re: Refugee Leave to Remain

Post by Casa » Mon Jan 16, 2017 7:23 pm

Unfortunately, the UKVI don't consider 'mistakes'...even more so when there are several of them in the application. It's seen as your responsibility to submit the correct information in the application. :idea:
(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.

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