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who can't use the PEO option?

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RJ - India
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who can't use the PEO option?

Post by RJ - India » Wed Jan 30, 2013 6:26 pm

the UKBA website states that one of the cases where you cant use PEO option for 'a person with poor immigration history' - what exactly do they mean 'poor', has this been quantified anywhere?

RJ - India
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Post by RJ - India » Thu Jan 31, 2013 5:44 pm

the reason I ask is because my husband's entry clearance visa was initially refused last year, we appealed and the ECM overturned the decision and he was granted entry clearance.

He also has a couple of visitor visa refusals from when he was a minor (yr 2002 & 2003)...

...do these factors make his immigration history 'poor'??

RJ - India
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Post by RJ - India » Wed Feb 13, 2013 11:48 am

Please can someone advise??

wpilr_nov12
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Post by wpilr_nov12 » Wed Feb 13, 2013 1:26 pm

In what application would your husband be going to PEO?
Please do not send me PM if I haven't sent you one yet.
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mulderpf
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Post by mulderpf » Wed Feb 13, 2013 2:41 pm

As your husband does not have a straight-forward, "clean" immigration history, I would suggest not going the PEO route. PEO appointments are short and meant for applications where a decision can be made in this short amount of time. As there would be some investigation required in his case, it is unlikely that he would get the benefits a PEO appointment usually brings (a quick decision).

It would be best to post his application so that his case can be dealt with by someone who doesn't have the time-pressure of a short appointment.
Do not send me PM's with specific questions - post question in the open forum so others can also benefit from the answers.

RJ - India
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Post by RJ - India » Wed Feb 13, 2013 3:03 pm

[quote="wpilr_nov12"]In what application would your husband be going to PEO?[/quote]

I'll be making a SET(O) application on basis of 5 yrs on T1(G) - very straight forward, no issue with absences/ earnings or anything else... and want to do it at PEO... my husband will be the named dependant on the same application.

RJ - India
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Post by RJ - India » Wed Feb 13, 2013 3:09 pm

[quote="mulderpf"]As your husband does not have a straight-forward, "clean" immigration history, I would suggest not going the PEO route. PEO appointments are short and meant for applications where a decision can be made in this short amount of time. As there would be some investigation required in his case, it is unlikely that he would get the benefits a PEO appointment usually brings (a quick decision).

It would be best to post his application so that his case can be dealt with by someone who doesn't have the time-pressure of a short appointment.[/quote]

Thanks for your response. As i am the main applicant (for SET(O)), with a straight-forward clean immigration history, I am very keen to do a PEO. Could you suggest an alternative? Is it possible that I go to the PEO and then make a separate application for him? I am concious that this may be much more expensive...

RJ - India
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Post by RJ - India » Thu Feb 14, 2013 4:33 pm

I'd be very grateful for some advise.... help please!

Kevin24
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Post by Kevin24 » Thu Feb 14, 2013 7:13 pm

If you feel your case is straight forward, then do a PEO appointment. For him you could do a Postal application. Ultimately it's your decision which counts!!

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Post by Kevin24 » Thu Feb 14, 2013 7:41 pm

You must be confident enough to put your case, at PEO appointments.Because some CWs tend look at things very minutely and in detail.

RJ - India
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Post by RJ - India » Fri Feb 15, 2013 11:27 am

Many Thanks :)

So if I do my SET(O) application @ PEO and then send his by post which form would he need to use - neither SET(O) nor SET(M) seem fit for purpose...???

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Post by Greenie » Fri Feb 15, 2013 12:37 pm

When did your husband obtain leave as your dependent? You mention that he only got it last year?

RJ - India
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Post by RJ - India » Fri Feb 15, 2013 12:43 pm

He got PBS-D on 14/12/2011 and arrived in the UK 03/01/12, his current visa expires 08/01/14.

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Post by Greenie » Fri Feb 15, 2013 12:46 pm

has he lived with you in the UK as your spouse prior to that date? When are you applying for ILR?

RJ - India
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Post by RJ - India » Fri Feb 15, 2013 12:53 pm

I'll be applying in december this year... I know I may be thinking ahead too much, but i want to do as much advance prep as possible...

We had been living together in the UK since June 2011 but he had a long gap when he had to go home (in Sept 2011) to switch his visa to dependants (as it was not possible to do it in UK). He got a refusal initially and what was intended as a 5 wk trip ended up being 4 months... He returned to the UK on 3rd Jan 2012 after the ECM overturned the initial refusal decision.

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Post by Greenie » Fri Feb 15, 2013 1:00 pm

if you apply separately he will need to complete set(o). the worst that will happen if you apply together at the PEO is that the decision will be deferred for a few weeks whilst they check his immigration history, in my opinion.

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Post by uksettlement » Fri Feb 15, 2013 1:05 pm

@ R J,

I think you should try at Solihull PEO. Be frank with the case worker and let him know the situation. I am sure he will suggest the right thing and you may even get the decision the same day.

Your application is straight forward and refusals of your husband have been overturned and he got the decision in his favour so I dont see any complication.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

RJ - India
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Post by RJ - India » Fri Feb 15, 2013 2:40 pm

Many Thanks for your help and advice :)

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