Need help very confusing situation

[fasdone]

Hi
I am in really confusing and strange situation and I need help
The whole situation is as follows

• I applied for PSW last year on 29th oct 2008
• My and wife visa was expiring 30th of nov 2008
• Wife applied same time (she was on dependant visa)
• Got refused bcz of bank statement with the right of appeal
• Mean while we had baby in November 2008
• In hurry I submit wrong form for wife so got refused as well
• Got documents back on 22nd of April 2009
• Appealed against the decision
• Appeal granted on 20th of May
• Received call in letter on 15th July
• I sent my wife and kid’s passport with mine
• Received passport today 25th August 2009

Now the situation is they only stamped my visa , and they said I have to apply
For wife and kid separately, my wife’s visa expires last year with mine (30th November 2008)
My questions are,

1. If i lodge fresh application do I have to follow all the dependant’s rules?
2. Does my wife over stayed?
3. Can she go back and apply from there?
Any help will be appreciated
Thanks

[vinny]

Did the appeal include your wife?

For fresh applications, see also Note that.

If your wife has overstayed, then she may be subject to a ban!

For your child, if born in the UK, then see also need for a dependent visa?

[immigrationuk2009]

Hi
I am in really confusing and strange situation and I need help
The whole situation is as follows

• I applied for PSW last year on 29th oct 2008
• My and wife visa was expiring 30th of nov 2008
• Wife applied same time (she was on dependant visa)
• Got refused bcz of bank statement with the right of appeal
• Mean while we had baby in November 2008
• In hurry I submit wrong form for wife so got refused as well
• Got documents back on 22nd of April 2009
• Appealed against the decision
• Appeal granted on 20th of May
• Received call in letter on 15th July
• I sent my wife and kid’s passport with mine
• Received passport today 25th August 2009

Now the situation is they only stamped my visa , and they said I have to apply
For wife and kid separately, my wife’s visa expires last year with mine (30th November 2008)
My questions are,

1. If i lodge fresh application do I have to follow all the dependant’s rules?
2. Does my wife over stayed?
3. Can she go back and apply from there?
Any help will be appreciated
Thanks

No she is not overstayer as her status was as your dependent so if you got visa she would as well.Simple is that

Apply in uk for her as her dependent and you have no problem.

UK_Banned_Member

[fasdone]

Thanks for the reply
When I appealed I thought it’s understood that she is on my dependant visa so she
Is included in the appeal and also my lawyer didn’t mention anything so I was sure that
Whatever my status is, is her’s as well bcz she is dependant.
If apply as fresh application for them do I have to maintain the funds for three months according to new rule or They fall in old rule bcz when she applied it was only one month bank statement you need.
Its confusing man

[ash786]

Thanks for the reply
When I appealed I thought it’s understood that she is on my dependant visa so she
Is included in the appeal and also my lawyer didn’t mention anything so I was sure that
Whatever my status is, is her’s as well bcz she is dependant.
If apply as fresh application for them do I have to maintain the funds for three months according to new rule or They fall in old rule bcz when she applied it was only one month bank statement you need.
Its confusing man

1. Looks link u wife was not included in the appeal otherwise HO wud hav requested all the passports. bit confusing as she was u dependent.
2. Ho said that u need to apply seperately so that menas that new rulesapply 3 months bank statements.

[vinny]

If she was not included in the appeal, then she may now be an overstayer. Do consult with your lawyer again.

[ash786]

If she was not included in the appeal, then she may now be an overstayer. Do consult with your lawyer again.

I agree with Vinny to check with u lawyer.

[fasdone]

i will check with my lawyer but i think he does'nt have enough information.
If i send my wife back and apply from home maybe after six months, will they are going to raise any objection of this period she was here.

[ash786]

i will check with my lawyer but i think he does'nt have enough information.
If i send my wife back and apply from home maybe after six months, will they are going to raise any objection of this period she was here.

1. U really need to find out if she was included in u appeal or not
2. If she was not then she might be considered as an overstayer since she was not included in the appeal process.
3. Why not ring HO and confirm that as there is no harm.
2. She might have an automatic ban as she was an overstayer and if u do apply from bak home the her application will be refused cuz of that.

[fasdone]

I was bit worried and in doubt bcz when they send me the call in letter it only mentioned my name they said "" send your passport with 2 pics "" there was nothing about my wife.
And that time i did ask my lawyer and he said its obvious that your wife is included bcz she is ur dependent.
I will call HO tomm , let see

[vinata]

Your solicitor seems to be quite incompetent. Run away from him as far as you can and find a new good one asap.

It is difficult to say what could have happened, but the way to do it was the following:
1) you and your wife had to receive a separate refusal letter and separate appeal form for each of you
2) you should have filled both of them with the AIT
3) you and your wife had to file separate witness statements and should have had separate case numbers as well
4) the judge should have made one decision applicable to both of you

I looks like your wife wasn't given the right of appeal as she submitted the wrong application form. Therefore, you only received one appeal form with the refusal letter. If this is the case, then, unfortunatelly, your wife is an overstayer. She needed to leave the country within 28 days from the refusal letter. However, since she hasn't done so, you now need to consult a solicitor who is able to make out-of-time applicaions. It is 50-50 chance her new application would be successful, but you could try.

I think the main problem is that your wife wasn't given the right of appeal in the first place, therefore such situation has happened. Try to find a good solicitor with proven record of similar cases, speak to at least 5 of them, compare what they say and then make up your mind. Good luck.

[fasdone]

Thanks Vinata
this is really helpful and informative, i think yes they didn't give her right of appeal i don't know why may be we applied at the same time ??
i cannot apply now bcz the problem is i dont have enough funds from last three months.
If i can get any good solicitors contact that will be helpful or should i contact
Immigration Advisory Service .

Thanks

[fasdone]

hi
consulted few lawyers all of them are saying i have to apply with new forms and new fee 465 for each dependent and three months statements , there is no specific guidelines for my case so i am going to apply maybe next week let see how every thing goes.
fingers crossed .

[vinny]

For your child, if born in the UK, then see also need for a dependent visa?