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How do you forget your wifes visa - this sounds very odd and I am sure will sound odd to anyone in authoritynyt ryda wrote:hi everyone.
i am in serious problem and i have just found out.
my wife came in uk in january 2008 and had a 2 year visa.
on the expiry of the 2 year visa i was supposed to apply for a visa again.
her first 2 year visa expired in jan 2010 and i have not yet applyed for a visa again due to not knowing what to do.i have just realised that she has been in uk for 1 year without a valid visa.
please can someone help and tell me what to do or where to go.
thanks
This is not quite correct. I think the FreeMovement post is referring to the situation of an overstayer who has not completed the two years probationary period applying from within the UK, rather than returning home to apply for entry clearance. In this situation the person would usually get DL and not ILR. However in this scenario, where the spouse entered the UK on a two year spouse visa, completed the two years and overstayed, then as long as she meets the other requirements for settlement, she should be granted ILR. This is because there is no requirement in para 287 for the applicant to have current leave (the requirement is that the applicant 'has completed' the 2 year probationary period.Kitty wrote:Bear in mind the point made in FreeMovement's blog post: if you do apply for further leave to remain from inside the UK, your wife will only get Discretionary Leave. It will therefore take her a whole lot longer to qualify for ILR unless she "upgrades" at some point by leaving the country.
Ah, I think you are right. I think I had forgotten the OP's original situation in the excitement of reading the FM post and trying to deal with a baby on my lap at the same time!Greenie wrote:This is not quite correct. I think the FreeMovement post is referring to the situation of an overstayer who has not completed the two years probationary period applying from within the UK, rather than returning home to apply for entry clearance.Kitty wrote:Bear in mind the point made in FreeMovement's blog post: if you do apply for further leave to remain from inside the UK, your wife will only get Discretionary Leave. It will therefore take her a whole lot longer to qualify for ILR unless she "upgrades" at some point by leaving the country.
Could not agree more. My wife was refused because the ECO claimed one of her documents was "not issued by the Pakistani authorities". Did they check? Well, we did, and lo and behold the Chairman of the Union council completely verified the document we submitted.Harpz wrote:ECO can get away with anything, its unbelievable!
They refused my hubby application because he overstayed but the ECO officer disregarded our legitmate documents and said we did not provide any documents then added 320 (11) rule which didnt make sense in anyway.
At my appeal hearing my barrister picked up the 320 (11) refusal point and said to me your husband has not even done anything to be refused under this rule.
In front of the judge the barrister made it very clear that what the ECO had done was wrong and the Home Office could not justify it either.
It then came to light that when the ECO manager had to review the case before sending it back for the hearing that ECO manager did not authorise the 320 (11) to be used as a refusal point.....
The judge even said what they done was not lawful.....
so that ECO ruined our 1st year of our married life and was not even allowed to...how unfair is that???
Its distgusting and there should be some process in place to prevent them for doing this again to somebody else.