Naturalization/ILR for dependent.

[san12]

Hi John

The application of my wife under Tier 4 as a dependent is also rejected at the same time(Letter dated 23/02/10) and the problem is no right to appeal.
Regards

[John]

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]

They have sent my British national overseas passport and my wife passport to local enforcement office and in the letter case worker has mentioned to leave the country. We have to contact local enfircement office by 09 March 10.
In the view of above the date of application FLR(M) is 23/02/10 and the date of rejection letter for Tier 4 is also 23/02/10. It is the same date I had my citizenship ceromony.

[san12]

Hi John
Do I need to contact local enforcement office and ask them to return my and my wife passport to us?
Regards

[John]

I think you should contact that local enforcement office and :-

• point out you are now a British Citizen, and could you please have your BCO passport back
• point out that prior to your wife's visa rejection letter, a form FLR(M) was submitted, and could they now kindly forward your wife's passport to the office dealing with that application.

Before sending off the FLR(M) form, with your Certificate of Registration, did you take a photocopy of that certificate? If so I think you should send a copy of that photocopy to the local enforcement office.

[ls001008]

Dear John,

Thank you for your messages and I'll do as you advice.

I have one more question: I'll like to know if I have to wait for another 2yrs on the FLR(M). I mean by august, we would have been married for more than a year, do I have to wait for another 2years which will total more than 3 years on probabtion before I can apply for permanent resident? Or do I need not to wait for the whole 2 years and count from when we've been married prior to applying for permanent resident.

Kind Regards,

James

[John]

James, the earliest your wife can apply for ILR (or whatever it is called at the time) is 28 days before the expiry of the 2-year spouse visa.

[san12]

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

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.

[John]

Oh dear! (That is the polite version!)

Not sure what to suggest, except it cannot do any harm to contact your MP, now that you have an MP, and ask them to take up your wife's case.

[krimith]

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

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 STATUS

[John]

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.

[krimith]

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.

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 why

[san12]

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.

As this is a clear mistake by case worker which i can prove it easily. Can I file a case against it. If so what is the process?

If I use solicitor they will charge me lot of money , for such a silly mistake i can represent this case myself. Otherwise my wife can go to her country of origin and apply from there?

Thanks

[buffyscrubs]

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.

[san12]

Thanks for your reply.She is in the protection under section 3C. The application submitted before the expiry of her visa. However no right of appeal is given.

Someone in the forum mentioned that we can write a letter to case worker and sent a documentary evidence. Does the case worker consider my request in this way? Please give your opinion?

Regards

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.

[san12]

Hi John/forum members
Just refer back to my wife case that her FLR(M) application was rejected , In response to her rejection I wrote letter to Home office and now she has been given DLR for three years.
In the view of above can she apply for FLR(M) any time or she have to go to her country of origin to change her status?
Thanks