sushdmehta wrote:Whether you wish to or wish not to, there is no point in appealing the decision since immigration rules do not allow your wife to switch to PBS dependant, something that you are / were ignorant of.
Likewise, with regards to "grace period of 28 days", ignorance of rules cannot be blamed on UKBA.
320(7B)(i) and, from 09-Jul-12, a new addition (
paragraph 93) to
319C.
Assuming the refusal letter was received today and has been given 10 days to submit an appeal, if you do not appeal then your wife will become an overstayer from 16-Jul and should exit UK within 28 days from then on, to ensure that the overstay has no affect on the entry clearance application.
Unfortunately, ignorance of rules and the attempt to switch has cost your wife dearly - from 09-Jul-12, anyone applying for entry clearance as dependant of PBS migrant will be subject to 5 year probationary period to qualify for settlement (instead of 2 years currently).
Thank you for replying and for taking the time to post me those links. Yes, I was not aware that we couldn't apply from inside the country. I actually phoned the UK home office before making my application and I explained to them where my wife and I live (i.e. in the UK) and also discussed few other doubts. They never mentioned that I shouldn't be making this application from inside the country. Due to this, I had no reason to doubt that my wife had to leave the country to make the application. Expecting everyone to go through pages and pages of laws is not realistic. I know this has cost me. But I would expect such a crucial information to be on BOLD on the application (unless it is mentioned and I missed, then I need to get my eyes checked). If not, at least people working in the home office should guide me in the right away, like you guys are doing right now, but they did not.
What is done is done. Thank you for the info. Well the letter was dated 29/6/12, but we received it by post on 5/7/12. So to not overstay my wife needs to leave by 9/7/12.
The 2 links that you sent me, one is statement of changes. I read through it, and on page 16 it says
106. In paragraph 320(7B)(d)(i) delete “28 days” and insert “90 days” .
This is the original statement:
(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:
(a) Overstaying;
(b) breaching a condition attached to his leave;
(c) being an Illegal Entrant;
(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);
unless the applicant:
(i)
Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
Does this mean it is 90 days and not 28 days? I am not planning on making my wife stay that long, but just want to make sure for future reference.
Regarding the probationary period, do you mean for PR? If yes, then that is very unfortunate. But my focus now is to just get her back to the UK.
Last question (sorry).
When applying from India, should I make a new application or make an appeal? I assume it should be a new application. If yes, is there a duration that we need to wait before we apply again?
We are planning to make the application asap, maybe even next week as soon as my wife reaches India and if she is lucky enough to get an appointment at the embassy. Let me know if it this is possible.
Thanks a lot again.
