Am I subject to new law or old law?

scan87 · Post by **scan87** » Fri Mar 15, 2013 4:54 pm

Hello everyone,

I had applied for a fiance visa in December 2011 but the visa was refused. I apealled against the decision and got the visa on November 2012. After landing in the UK in November 2012, I applied for the spouse visa in January 2013. Today I received my visa.

I have been granted a total of 30 months visa. And then after 30 months I again have to apply for a visa of another 30 months. So I have been granted the visa as per the new rules.

Question:

As I had applied for the fiance visa from my country according to the old rules, shouldn't I be granted a 2 year visa? Have I been granted the right visa?

Thank you very much for looking.

DieselD · Post by **DieselD** » Fri Mar 15, 2013 9:05 pm

Once you are refused you then fall into new rules. This only applies if new rules have come into affect after the first application. In your case you applied again after 9th July 2012 and therefor will be subject to the new rules.

Post by **vinny** » Fri Mar 15, 2013 10:52 pm

See also 5. Appeals.

scan87 · Post by **scan87** » Sat Mar 16, 2013 1:59 pm

DieselD wrote:Once you are refused you then fall into new rules. This only applies if new rules have come into affect after the first application. In your case you applied again after 9th July 2012 and therefor will be subject to the new rules.

Thank you very much for replying back.

When I got my visa I thought entered UK under the conditions of the old rules and I can't then be expected to meet the conditions of the new rules when I made the next transition. If this were so, I might not have the necessary finances under the new rules and have to leave the UK (after entering on a settlement visa!)

scan87 · Post by **scan87** » Sat Mar 16, 2013 2:08 pm

vinny wrote:See also 5. Appeals.

I have read Section 5 of the Transitional Guidance.

One question I would like to ask you is did I receive my Fiance visa according to the old rules or new rules?

Thank you very much.

Post by **vinny** » Sat Mar 16, 2013 2:10 pm

Depends on how you won your appeal, under the immigration rules or Article 8?

scan87 · Post by **scan87** » Sat Mar 16, 2013 2:14 pm

vinny wrote:Depends on how you won your appeal, under the immigration rules or Article 8?

Thank you very much vinny for replying.

I won my appeal under the immigration rules.

Post by **vinny** » Sat Mar 16, 2013 2:29 pm

5.1 should be applicable.

scan87 · Post by **scan87** » Sat Mar 16, 2013 2:33 pm

vinny wrote:5.1 should be applicable.

So did UKBA grant me the wrong visa duration (30 months)?

Sorry for asking you so many questions.

Post by **vinny** » Sat Mar 16, 2013 2:39 pm

Seems so.

scan87 · Post by **scan87** » Sat Mar 16, 2013 2:40 pm

vinny wrote:Seems so.

Thank you very much for the clarification.

Post by **Obie** » Sat Mar 16, 2013 2:44 pm

You may need to inform the HO, that there was an error, or wait until you have completed 2 years in the UK as a spouse, and apply for ILR.

At that point, you can bring to their attention that you qualify under the old rules.

scan87 · Post by **scan87** » Sat Mar 16, 2013 3:16 pm

Obie wrote:You may need to inform the HO, that there was an error, or wait until you have completed 2 years in the UK as a spouse, and apply for ILR.

At that point, you can bring to their attention that you qualify under the old rules.

Thank you very much for the suggestion.

I think I will inform the Home Office on Monday rather than wait for 2 years.

scan87 · Post by **scan87** » Tue Mar 19, 2013 6:51 pm

vinny wrote:Seems so.

I sent an email to BRPError@homeoffice.gsi.gov.uk and they replied back that I have to write a letter to my caseworker regarding my situation.....they have also stated that I can find the contact details of my caseworker in the decision letter......Well I have found out the name of the caseworker........but I am confused about the address I need to send the letter to.....there is an address mentioned in the decision letter and it is as follows:

UK Border Agency
PO Box 3468
Sheffield
S3 8WA

Is the above address of my caseworker correct as per the decision letter I received?

Thank you very much.

scan87 · Post by **scan87** » Tue Apr 02, 2013 12:06 pm

vinny wrote:5.1 should be applicable.

Hi vinny,

A few days ago I sent a letter to UKBA to notify them about the incorrect date in my BRP....now I have received a letter from UKBA telling me to send back my BRP.....in the envelope they've also sent me a sticky label.....I assume I've to use this label to send my BRP back to UKBA.....

Question:
There are a couple of things I need to fill out in the label and they are REF and B/F......

My first question is, do I put the Home Office Reference Number in the REF part?

And my second question is, what do I need to write in the B/F part? I have searched on Google, but I can't find the meaning of B/F.

Thank you very much for your help.

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Am I subject to new law or old law?

Am I subject to new law or old law?