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No refund if u submitted wrong app, your fault. Ur solicitor will have a proviso that u sign to approve anything he does, his cockup is your cockup....aysie wrote:hi guys i need some advice asap
we applied for my husbands flr m, in January 2010, we have just been notified by our solicitor that they have written saying that the wrong application has been submitted, i am very worried no as, his previous visa has now expired, and we had paid £500 for the visa, what can we do now will we get a refund, and what will happen?
thanks
The fact is the Solicitor acts on your behalf, he only does what you say and you have signed on that basis...aysie wrote:we went to the solicitor for advice on which visa type my husband needed to apply for, the visa we were told to apply for was the flr m visa, it wasnt really our fault and if the visa hasnt been refused they should give a refund, also it has taken them 4 months to come to the conclusion that it was the wrong app.
OK let's have the full story then, all the details! Who met who, where and when and legal status....aysie wrote:i do not know my solicitor rang today to say that he had received a letter and all the documents back from the home office with a letter saying that the wrong application had been submitted, as far as i can see that that particular visa is the right one, the solicitor didnt go into much detail about it we have an appointment on thurs to discuss it
:9 :( :( :(
Are you British citizen / settled person? What's your husband's immigration status in the UK? Why did the solicitor suggest use of FLR(M) form? etc. etc.aysie wrote:huh?
So your husband was living in cyprus when you applied for the flr(m)? If so, he needed to have a spousal visa entry clearance. Flr(m) is an extension or switch made from within the uk to spousal status. They are different.aysie wrote:i am a British citizen from birth, my husband is turkish we have a 2yr old son, we went to the solicitor for advice as we were separated he lived in cyprus and myself and son in uk, i didnt want to live there but we wanted to make our marriage work. so we went to see an immigration solicitor for advice, where he advised that the visa we needed to apply for was the flr m. we also sent evidence of his job offer, im just so confused and scared of what will happen
You cannot switch visas from visitor, you solicitor should have known that, it's simple stuff really!aysie wrote:visitor but they said he could change whilst here
None - switching from visitor is just not possible irrespective of solicitor. But ur husband should know that switching is not possible, if he read the terms of visit visa, so really it's quite plain.aysie wrote:so basically we are $%^&* is there no other route we could go down?
the high commision in cyp is ridiculous, they go by there own rules and take their time on purpose despite the regulations they are supposed to go by.
it really isn't fair to split families up and solicitors should be doing their jobs. :x :x :x :x :x :x :x :x :x
Sorry you're going through this but everyone is right. There is no other way in this situation. There is absolutely no switching from visitor status to anything else. Even if you speak to the solicitor on Thursday and they tell you otherwise, it's still not possible.aysie wrote:well i did speak to a few different solicitors and they said it was possible, well we will just have to see what the solicitor has to say on thursday, because i really dont want my family to be split up again.
I was thinking of the same option, he can apply using FLR(O) (other categories not covered by the application forms) and apply for a DL using his artcle 8 rights but he might have to wait several months like the rest of us (still waiting) who dont wanna risk separation with our family.katkouta wrote:It is true that he can't switch his visitor visa to spouse visa , but as his visa expired he can always try under article 8 of ECHR , he has a son here that he needs to be with.
He might get difficulties in cyprus , he can apply apply for Discretionary leave from here , the only thing is that he has to wait long time.
Article 8 takes a very long time but I think thats the only option for those who dont wanna risk separation with their family like the OP mentioned. Not see a winning case??? the OP have a chance, provided they can wait for article 8 timeline like the rest of us.ElenaW wrote:Article 8 takes too damn long and I don't see a winning case here. They can all just be together in Cyprus.
In this case it seems prudent that the OP's husband return home at apply from there was we've all had to do. It's proportionality, HRA Art 8 might be successful after a very long time in limbo not be able to work and if the OP's husbands country was a third world one.HRY2005 wrote:Article 8 takes a very long time but I think thats the only option for those who dont wanna risk separation with their family like the OP mentioned. Not see a winning case??? the OP have a chance, provided they can wait for article 8 timeline like the rest of us.ElenaW wrote:Article 8 takes too damn long and I don't see a winning case here. They can all just be together in Cyprus.
