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spouse visa cancelled for no reason

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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cutepie
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Joined: Tue Sep 03, 2013 8:49 pm
Location: uk

spouse visa cancelled for no reason

Post by cutepie » Wed Feb 22, 2017 8:46 pm

my wife was awarded a spouse visa and came to the uk in april 2016,she didn't see her family for 8 months so went to viit them in January,i got a letter today 22 feb stating she no longer had the right to stay in the uk and must leave immediately .why has this happened?we haven't done anything wrong or broken any laws .does anyone know what to do?

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Casa
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United Kingdom

Re: spouse visa cancelled for no reason

Post by Casa » Wed Feb 22, 2017 8:51 pm

Can you post what is written exactly in the letter, after removing any personal details?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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seagul
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Re: spouse visa cancelled for no reason

Post by seagul » Wed Feb 22, 2017 9:03 pm

Apart of mentioning the exact refusal wording by deleting your personal information also check who actually sent this letter; either HO or another agency which in past called capita used to send such letters. Whether visa still valid which I believe should be.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

cutepie
Junior Member
Posts: 53
Joined: Tue Sep 03, 2013 8:49 pm
Location: uk

Re: spouse visa cancelled for no reason

Post by cutepie » Wed Feb 22, 2017 9:14 pm

home office
RPT9 PEMBROKE HOUSE
BEVERLY ROAD
EAST MIDLANDS AIRPORT
DERBY
DE74 2HN

REMOVAL FROM UNITED KINGDOM
you do not have leave to enter or remain in the uk.you have not told us why you should be allowed to stay in the uk.,




then theres a box


tick one box
X you will not be removed for the first 7 calender days after you receive this notice.following the end of this 7 day period,and for up to 3 from the date of this notice,you may be removed without further notice.


YOU MUST NOW LEAVE THE UK.
If you do not do so,you can be removed from the uk to Moldova.we may remove you to a eu member state.


we may also remove you to Romania ,Russia.

If you think you have as legitimate reason to stay in the uk you must tell us.details of how to apply can be found on http://www.gov.uk

Obie
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Re: spouse visa cancelled for no reason

Post by Obie » Wed Feb 22, 2017 9:19 pm

Strange. This must be an error.

Are you a British or settled person?

Have you had your ILR or citizenship revoked?
Smooth seas do not make skilful sailors

cutepie
Junior Member
Posts: 53
Joined: Tue Sep 03, 2013 8:49 pm
Location: uk

Re: spouse visa cancelled for no reason

Post by cutepie » Wed Feb 22, 2017 9:31 pm

This is on the reverse of the letter-


In certain circumstance,the secretary of state may certify a claim so that any appeal can only be bought after the person has left the uk.those provisions are at sections 94 and 94b of the 2002 act.
in other circumstances the secretary of state may certify that there is no right of appeal at all.these provisions are at section 96 of the 2002 act.in relation to certification under section 94b,the secretary of state will consider any reasons that you provide as to why you should not be expected to appeal from outside the uk.
if your legitimate reason for staying in the uk is based on human rights and have any reasons why you should not be expected to appeal only after you have left the uk,you must inform us as soon as possible,(no later than any claim you are making or 10 working days)
If you do not tell us as soon as you can of any reasons why you should be allowed to stay and you apply later ,you may lose any right of appeal aginst a refusal of that application.
if you want to seek legal advice you must do so now.

cutepie
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Location: uk

Re: spouse visa cancelled for no reason

Post by cutepie » Wed Feb 22, 2017 9:37 pm

im british I was born in England ,so no I haven't lost my uk citizenship ,we got my wifes spouse visa and were really happy,nothing bad happened or anything ......I honestly don't know what happened for us to get that letter.

vinny
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Re: spouse visa cancelled for no reason

Post by vinny » Wed Feb 22, 2017 10:11 pm

Obie wrote:Strange. This must be an error.
Agree.

If wife's leave was not curtailed and she hasn't broken any conditions under Appendix FM, e.g. Divorce, then the leave UK notice was in error.

Ask them to rescind.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cutepie
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Posts: 53
Joined: Tue Sep 03, 2013 8:49 pm
Location: uk

Re: spouse visa cancelled for no reason

Post by cutepie » Wed Feb 22, 2017 10:21 pm

I phoned them and they wouldn't talk to me about it saying my wife had to talk to them so shes going to phone tomorrow,so what do you think she should say?

vinny
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Re: spouse visa cancelled for no reason

Post by vinny » Wed Feb 22, 2017 10:28 pm

Don't phone. Write. Keep copies of correspondence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cutepie
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Location: uk

Re: spouse visa cancelled for no reason

Post by cutepie » Wed Feb 22, 2017 10:32 pm

you mean email?or pen and paper? ,my wife has a flight booked to return to the uk on the 8th of march .............this is unbelievable ,do you think it wise to cancel the flight ?thanks for your help by the way ?)

vinny
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Re: spouse visa cancelled for no reason

Post by vinny » Wed Feb 22, 2017 10:44 pm

Pen and paper, if they didn't include an email address in their letter.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cutepie
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Posts: 53
Joined: Tue Sep 03, 2013 8:49 pm
Location: uk

Re: spouse visa cancelled for no reason

Post by cutepie » Wed Feb 22, 2017 10:46 pm

do you know how to word the letter as I haven't got a clue really

vinny
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Re: spouse visa cancelled for no reason

Post by vinny » Wed Feb 22, 2017 10:57 pm

Say that her leave hasn't been curtailed and it's non-lapsing. She hasn't broken any conditions, etc. Ask them to justify their letter under the immigration rules.

entpbrao may give extracts from his solicitor's robust letter.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Re: spouse visa cancelled for no reason

Post by Obie » Wed Feb 22, 2017 11:24 pm

The absurdity of the decision, is the lack of reasoning of cogent basis or any basis under which it is grounded, so a person does not know why the decision maker has taken a particular course.

I find it the most weird thing.
Smooth seas do not make skilful sailors

vinny
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Re: spouse visa cancelled for no reason

Post by vinny » Thu Feb 23, 2017 12:02 am

Especially when the leave hasn't expired nor curtailed. Don't forget to mention her leave's validity dates. Include any reference nos.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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