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John wrote:I think the good news for you is that where a visa application is posted it is the date of posting that is regarded as the date of application.
Accordingly if the application for spouse visa was posted on 23.02.10 then I think your wife should be OK. But await developments, and see what UKBA do next.
Ah wait, did they return her passport? If so I think you should promptly send that back to them, referring to the FLR(M) application now made.
SAN12, ONE THING U CAN DO IT TAKE ADVICE WITH GOOD SOLICITOR BEC MP CANT TAKE YOUR CASE HE CAN REQUEST ONLY UKBA BUT SOLOCITOR TAKE A FEE BUT GOOD CHANCE YOUR WIFE GET LEGAL STATUSsan12 wrote:Dear John
I refer back to my all previous communication with you and refresh the memory regarding to my case, I was BN(O) passport holder and was on a student visa and then I became a British Citizen on 23 Feb 10. My student visa was until 30 Nov 09 and I made my Tier 4 application before that expired. Later My Tier 4 application was refused on 23 Feb 10. My wife was dependent of a student before I became British Citizen.
My wife made her FLR(M) application on 23/Feb/10. Now My wife application is refused and no right of appeal is given.
The refusal letter says " In the view of fact that your leave to remain in the UK expired on 30 Nov 2009 and your application was not posted until 2 february 2010.Therefore my application is refused"
The fact is we have proof of letters from UK Border Agency that we made our application on 30 Nov. 2009.
The date they are saying is 2/Feb/10, In fact, this date was given for further enquiries ( ducument) about my British Citizenship application which has no relation with my other TIER 4 application and the application of my spouse.
They have sent my spouse passport to Local Enforcement office and saying that
" Should you fail to leave enforcement action will be taken against you. Further consideration can be given to your case at that stage which could result in you being served with an enforcement decision which may generate a right of appeal"
In the view of above what action we have to take?
Look forward to hear from you soon.
Thanks
John wrote:I think the good news for you is that where a visa application is posted it is the date of posting that is regarded as the date of application.
Accordingly if the application for spouse visa was posted on 23.02.10 then I think your wife should be OK. But await developments, and see what UKBA do next.
Ah wait, did they return her passport? If so I think you should promptly send that back to them, referring to the FLR(M) application now made.
sorry when i was write i didnt realize its caps lock on when finished writing then realize but after edit and change its boring for me thats whyJohn wrote:krimith, why are you shouting? On the internet posting in block capitals is equivalent to shouting, and on this board such posts are liable to be deleted without warning.
Thanks for your reply. The case worker pick up the wrong dates and refuse her application without any solid reason.John wrote:krimith, why are you shouting? On the internet posting in block capitals is equivalent to shouting, and on this board such posts are liable to be deleted without warning.
buffyscrubs wrote:he Section 3C protection extends to when the time for appealing against that rejection expires, and further if an appeal submitted. So in practice such rejection would not cause the Section 3C protection to cease, because worse case, if the timing is not good, an appeal could be submitted.