Wife's UK dependent visa rejected bcos she lives in the UK

[hyper24]

1. Make sure that your wife answers "yes" to the question in the entry clearance form that asks if the applicant has ever had a leave to remain application refused.
2. Make sure that your wife mentions in the same form that she has ever overstayed in the UK.

I'll make sure she answers YES for question 6.8 on the application form. But NO for question 6.3. This was pointed out to me few months ago (page one) of this topic.

It is good to know that we can apply right away.

Regarding point 2:

Did you mean NEVER overstayed or has overstayed?

You've mentioned in your previous post that the date of issue (of refusal) is not relevant, the date of receipt is. I take it by receipt you mean the date on which we received the post - please correct me if I am wrong. So does this mean when calculating my appeal duration (10days), I should calculate it from 05/07/12 and not 29/06/12 (the date that appears on the letter)? Actually when we phoned the visa office today, they mentioned that the letter along with my wife's passport was sent to us only on 2/7/12.

If i understood you correctly, then my wife must leave at the latest by 16/7/12 in order to not overstay. If that is not what you meant by date of receipt, then she must leave by 9/7/12. I hope I didn't confuse you.

If I based it on the date on which I received the post. How do I show proof to the visa representatives that I actually did receive the post on 7/5/12? There is no stamp on the envelope. I will have a look at the royal mail website and see if I can print out a page. Would this help?

I am extremely sorry to be bombarding you with all these questions. I just don't want to mess it up again. Thank you loads.

[hyper24]

As per my understanding, she will not be considered as overstayer till 28 days from the date of her refusal letter. If she returns home within that period than it will be alright.

And you are right in thinking the reason for her refusal. In plain words, her visa category doesn't allow her to switch to your dependant from UK. If she goes back and re-apply, she should be fine.

Good Luck with her application.

Hi,

Thank you for taking the time to read through my long post and replying so quickly.

I keep reading in this forum that a person must leave before 28 days from the date of rejection. And I've been googling for the past 2 hours to find a legal source for this information for some peace of mind. But I didn't come across any. Do you by any chance have a link to this info?

I just do not understand why it is so difficult for these visa people to mention a buffer time, even if it is just 1 week they should mention it so we know and not freak out. Just saying immediately is not helpful and very misleading.

Thanks again.

Read this link

http://www.shef.ac.uk/polopoly_fs/1.124 ... appeal.pdf

I will try and get you something from UKBA. Give me some time. The above information I found is from Google. Also if you search this forum, you will get more information regarding the 28 day rule as my knowledge is mostly based on the information provided in the previous threads here.

Thank you for this link. I really appreciate it.

[geriatrix]

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.

Technically, if your wife leaves UK before 16-Jul-12, she will not have overstayed in the UK. If she does leave before then, then your wife could answer "no" to the question in the form about overstay.

But, in my opinion, it is better to tread with caution and answer "yes". Either way, whether you decide to answer yes or no to that question, I would suggest that your wife provides detail details about the date of receipt of refusal and date of exit from UK, and also state that she had extant leave till 15-Jul-12 under section 3C.

If she leaves UK after 15-Jul-12, then the answer will be a definite "yes".

Don't worry about the date of posting / receipt of the refusal letter. If worried, just include a copy of the letter with the application.

[hyper24]

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.

Technically, if your wife leaves UK before 16-Jul-12, she will not have overstayed in the UK. If she does leave before then, then your wife could answer "no" to the question in the form about overstay.

But, in my opinion, it is better to tread with caution and answer "yes". Either way, whether you decide to answer yes or no to that question, I would suggest that your wife provides detail details about the date of receipt of refusal and date of exit from UK, and also state that she had extant leave till 15-Jul-12 under section 3C.

If she leaves UK after 15-Jul-12, then the answer will be a definite "yes".

Don't worry about the date of posting / receipt of the refusal letter. If worried, just include a copy of the letter with the application.

Hi...
Thank you. Actually we have booked the ticket for the 8th of July and the appointment in India is on the 9th of JUly. So the over stay is not a problem.

The application form that i filled out on the vfs website is totally different from the one that i filled on here. Also, here is paid 550 pounds, whereas now I am asked to RS74000, which over 800 pounds. Do you why this is the case?

[ups]

The application form that i filled out on the vfs website is totally different from the one that i filled on here. Also, here is paid 550 pounds, whereas now I am asked to RS74000, which over 800 pounds. Do you why this is the case?

They are two different kinds of applications (leave to remain vs entry clearance). Hence different forms, different fees.

[UKBALoveStory]

As per my understanding, she will not be considered as overstayer till 28 days from the date of her refusal letter. If she returns home within that period than it will be alright.

And you are right in thinking the reason for her refusal. In plain words, her visa category doesn't allow her to switch to your dependant from UK. If she goes back and re-apply, she should be fine.

Good Luck with her application.

Hi,

Thank you for taking the time to read through my long post and replying so quickly.

I keep reading in this forum that a person must leave before 28 days from the date of rejection. And I've been googling for the past 2 hours to find a legal source for this information for some peace of mind. But I didn't come across any. Do you by any chance have a link to this info?

I just do not understand why it is so difficult for these visa people to mention a buffer time, even if it is just 1 week they should mention it so we know and not freak out. Just saying immediately is not helpful and very misleading.

Thanks again.

http://www.ukba.homeoffice.gov.uk/sitec ... verstayers

[sonamsahni]

Hi,

thats true. Her application is invalid if she applies from UK. Because she lived in UK. She needs to go back home, gain entry clearance and then apply from there.

Me and my husband were the same case. So I checked this with home office before applying .. and went back India and applied from there.