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schy · Post by **schy** » Thu Oct 13, 2011 12:09 am

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hsmp_victory · Post by **hsmp_victory** » Thu Oct 13, 2011 8:13 am

My work permit expired on 7 July 2011 , hence i called home office on 13 June 2011 to book a same day appointment for spouse visa .They have given me a date 28 July 2011 which is 21 days after my visa expired.

You cannot expect to get the required date whenever you call them. People call 6-8 weeks in advance of their visa expiry date to book an appointment.
Once you knew that the appointment date was after your expiry date why didn't you apply by post? You had about 20+ days to prepare your application and sent it by post.
I am surprised you didnt even take any advice before your application?

i was in impression i already booked the appointment before my visa expire so it wont be problem.

Calling them to book an appointment 3 weeks before your visa expires doesn't mean they have accepted your application. Application date is when you post your application or when you submit it in person.

I blame HO for a lot of blunders but this time I would say you are at fault and not HO. You are lucky they gave you a visa. They have done worse to some people who have overstayed and were married.

I have not got any knowledge of DL visas. So wait for an expert's reply to see what they have to say.

Dabby · Post by **Dabby** » Thu Oct 13, 2011 3:27 pm

Hi,

It's horrible when you do everything they way you're meant to, they way they advise you to, and then it still falls back on you.

We considered our options of applying from the UK or from India. My Fiance was here as a student and as his student visa was ending we considered the best course of action for getting the correct visa. Our solicitor told us if we applied from the UK we could not apply for a partner visa, only a Discretionary leave one. In order to get the proper partner visa he had to go back to India and apply fresh from there.

So we did. And after almost two months of waiting we just found out he was refused on really stupid grounds for which they already had evidence in our documentation. It seems that try and hard as you like, they can still turn around and simply say they don't believe you goodbye Â£900 application fee.

We're currently appealing it so fingers crossed for the right outcome and that the appeal officers see sense.

Fact is either way there's no knowing the possibility of the quickest and most reliable method for genuine couples like us. The Tories can simply say "refuse more people" and they'll pick any little excuse to say they don't believe you. But as far as I know, for the proper spouse visa you want, you'll have to go back and apply from there. Despite the fact it jeopardizes your employment, accommodation, finances and emotional state-of-mind in the mean time. They simply don't care. It's heartbreaking.

I wish you the best of luck which ever method you choose. Follow the solicitor's advice. Some of them will speak to you for free so get as much info as you can and I'd recommending going through one. And give them every bit of evidence you have! Don't take any chances.

schy · Post by **schy** » Thu Oct 13, 2011 5:20 pm

Many thanks guys for reply

schy · Post by **schy** » Thu Oct 13, 2011 5:21 pm

Dear dabby sorry to hear your husband's visa refusal .on which ground HO refuse him ?

schy · Post by **schy** » Fri Oct 14, 2011 1:24 pm

Any more advice plz ?

Post by **Lucapooka** » Fri Oct 14, 2011 1:34 pm

As you applied outside the rules (on expired leave) you be given a grant of leave that falls within the rules; hence you have been given DL. There is nothing to prevent you applying entry clearance within the rules and thus reducing your waiting time for ILR from six years to two.

schy · Post by **schy** » Fri Oct 14, 2011 6:13 pm

dear Lucapooka many thanks for reply .

so if i go back to my country and apply for a fresh application of spouse visa

how long it can take to get result ?

how much is the chance to get a successful visa ?

If in worse case HO reject my spouse visa can i come back to UK with my discretionary visa ?

Many thanks

Post by **Lucapooka** » Fri Oct 14, 2011 6:33 pm

The average waiting times are posted on the UKBA site. Your eligibility under the immigration rules is not something that you have generally made available so it's not possible to comment. Money, accommodation, relationship etc need to be cited. There are endless threads of what contributes towards a successful application.

Post by **geriatrix** » Fri Oct 14, 2011 7:07 pm

schy wrote:how long it can take to get result ?

See Guide to visa processing times

schy wrote:how much is the chance to get a successful visa ?

100% if you meet the requirements, 0% if you don't.

schy wrote:If in worse case HO reject my spouse visa can i come back to UK with my discretionary visa ?

Yes.

ultimate12570 · Post by **ultimate12570** » Sat Oct 15, 2011 1:06 pm

Dear Schy,

You were Lucky enough that HO granted you DL for 3 years, I know some people here who applied for COA (Certificate of Approval for Marriage) when they had valid Leave to remain but it took more than a year when they received their COA by that time their visa's were already expired, when they applied for FLR M (spouse visa) they were refused bcoz they didn't have a valid leave to remain, Was that their fault! You should thanks to HO bcoz they have granted you DL!

and it is your responsibilty to know the immigration laws and requirements prior to sumbmitting any application! best of luck, bye

schy · Post by **schy** » Sat Oct 15, 2011 3:17 pm

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schy · Post by **schy** » Tue Oct 18, 2011 4:33 pm

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