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Spouse Visa - Refused - Appeal Dismissed

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vizhy2016
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Posts: 17
Joined: Mon Jan 18, 2016 7:26 pm

Spouse Visa - Refused - Appeal Dismissed

Post by vizhy2016 » Mon Jul 04, 2016 12:11 pm

Hi

Would anyone be kind provide some information from their experience

Please see timeline below

I am on ILR and I tried to extend my wife's visa

Spouse dependent Visa extension filed - 01/03/2016 (this is in time application as filed before expiry)
Dependent visa expired - 06/03/2016
Visa application refused - 09/04/2016
Appeal to FTT filed - 18/04/2016 (14 days period was given to file appeal)
Appeal dismissed - 30/06/2016 (14 days given to ask permission to file to upper tribunal)

Application was refused by home office saying English language requirement was not met as degree is UKNARIC verified is not provided. I provided the PBS calculator print out so I appealed.

In the appeal, the judge accepted that the PBS calculator holds the UKNARIC information but dismissed saying that the Degree is from the University and the letter confirming the course was taught in english is from college and both are different and no explanation is given. Now that is how university system works in India. Colleges are affiliated to a university, University gives the degree but course is taught at a college.

Question 1. is this point worth appealing for at the upper tribunal?

Also, other thought is to file fresh application but documents are with the tribunal. They say it will take 10 working days to return documents. By that time the 14 days period will be over.

Question 2. When does my wife become an overstayer? I believe at the end of these 14 days and if i do not appeal at UT. I dont want her to get the overstayer tag.

Question 3. Should I just appeal so that documents are returned in time while the appeal is at UT? and then file a fresh application.

Question 4. Will I get time again after the decision of the UT to file a fresh application?

Question 5. When does the 28 days grace period start? I believe after the time limit that is given in a decision letter. So at the moment grace period will start after 14 days from 30 June.

Any help/suggestion on this will be highly appreciated.

Thanks

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