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Spouse Visa extension refused need help!!!

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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Billy8899
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Spouse Visa extension refused need help!!!

Post by Billy8899 » Wed Dec 05, 2018 6:40 pm

I am british citizen and got married in India 2015. My wife's visa extension was refused in April 2018 on the basis of that I did not meet the financial requirements. (I am self employed and my company at the time was not over a year therefore I did not have all the relevant documents such as CT600 and Financial accounts for previous year) I submitted the application myself online.

After the refusal I went to a solicitor and was advised to submit a fresh claim and explaining why I do not have all the relevant documents. This application was also refused in August 2018 on similar terms both time we were given right to appeal but not in country.

Each time my wife was given bail notice to leave the country either go back to Afghanistan or India

The problem is my wife is Afghanistan national and holds Afghan Passport however she was living in India on stay visa. When we got married she got her final exit visa from India and settled with me in UK. Now since I have no in country appeal how can I resolve this. My wife cannot return to Afghanistan firstly she has no family there and secondly the country is very unstable and unsafe. Secondly since she has afghan passport she would need valid visa to enter India.

I am really stressed as to what are my options ( I do have all my company accounts and ct600 can I apply again as of now) however she has overstayed since her last refusal which was August 2018

would appreciate any replies

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CR001
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Re: Spouse Visa extension refused need help!!!

Post by CR001 » Wed Dec 05, 2018 6:46 pm

If you didn't meet the requirement ts and have all the documents, why did you not apply on FLR FP 10 year partner route which has no English or financial requirements and would have at least prevented her from being an overstayer.

Do you have children?
Char (CR001 not Casa)
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Billy8899
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Joined: Wed Dec 05, 2018 5:41 pm
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Re: Spouse Visa extension refused need help!!!

Post by Billy8899 » Wed Dec 05, 2018 7:03 pm

thanks for the reply. The second time around the solicitor advised to stick with FLR (M) therefore I went with the solicitors advise.Now the solicitor advising to apply on FLR FP 10 year route and no children.

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Londoner007
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Re: Spouse Visa extension refused need help!!!

Post by Londoner007 » Thu Dec 06, 2018 8:51 am

If it is the same solicitor then they are making good money off. Apply for FLR(FP) and no other.
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Billy8899
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Joined: Wed Dec 05, 2018 5:41 pm
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Re: Spouse Visa extension refused need help!!!

Post by Billy8899 » Thu Dec 06, 2018 11:26 am

That's the plan now to apply FLR FP but the question is because my wife has overstayed would that affect the application.

thanks

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Londoner007
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Re: Spouse Visa extension refused need help!!!

Post by Londoner007 » Thu Dec 06, 2018 11:38 am

They will take everything into consideration and use balance of probability to either approve or refuse visa on the 10 year route.
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