Varying Spouse Visa after Citizenship

Alishah · Post by **Alishah** » Wed Oct 29, 2014 10:40 pm

Apologies if there is any related topic, Please let me know, I didn't find one.

I came to UK on five years work permit in 2008 June, married (registered) in 2011 to girl who was on student visa T4 General, she was studying than become pregnant and diagnosed with over active thyroid problem. GP advised not to travel, we had latters and sent with application given bellow.

I applied for her visa to be transferred as WP dependant and submit the FLRo (spouse dependant) in February 2012, (student visa expired 2 June 2012) her application was refused in March 2013 but the right for appeal was given. We appealed and court hear the case in September 2013, at that time I was on ILR and our two kids were British citizen, judge allowed our appeal ands asked the HO to give her visa.

We were expecting she would be given spouse dependant visa on old roles (2 years), since her application was done before the new rules, but she was given limited leave to remain. 2 and half year.

My question is; now I am British citizen, is it worth writing to HO and asking to review her case again and re-consider the spouse dependant visa.

Basically; I am looking to find how quickly I can help her secure the British citizenship, its pain really to apply for visas wherever we travel. Can anyone please advise the best way how to very her visa status. on current status she will need to wait for another 4 years (2018) before she can qualify on long residency (10 years).

Any advice or suggestions please.

Regards
Alishah

Post by **vinny** » Wed Oct 29, 2014 11:56 pm

In March 2013, she failed 196A(v), but her appeal succeeded on human rights grounds (5.2). Unfortunately, the changes came too late.

However, under the current rules, she may apply for SET(O) now, if she satisfies 196D, 196E.

Alishah · Post by **Alishah** » Sat Nov 01, 2014 12:01 am

Hi Vinnay,

Thank you very much for the response and guidance. Much appreciated.

Regards
Alishah

Alishah · Post by **Alishah** » Sat Nov 01, 2014 12:22 am

vinny wrote:In March 2013, she failed 196A(v), but her appeal succeeded on human rights grounds (5.2). Unfortunately, the changes came too late.

However, under the current rules, she may apply for SET(O) now, if she satisfies 196D, 196E.

Vinny, One more question.

Dose she need to use SET (o) or SET (M) please advise.

Cheers
Alishah

Post by **vinny** » Sat Nov 01, 2014 12:23 am

vinny wrote:However, under the current rules, she may apply for SET(O) now, if she satisfies 196D, 196E.

Post by **vinny** » Sat Nov 01, 2014 1:01 am

Moreover, she should make it clear in her application (covering letter?) about what rules she is applying under.

Post by **vinny** » Sat Nov 01, 2014 11:02 pm

If you were a non-PBS work permit holder immediately before being granted ILR, then 196E, 196D should be satisfiable.

Do check the rules. if she does satisfy 196E, then they may grant ILR under the rules. There would be no reasons for refusal under 196F.

Child may also apply for ILR with her under 199A.

See similar case.

Alishah · Post by **Alishah** » Sun Nov 02, 2014 3:05 pm

vinny wrote:If you were a non-PBS work permit holder immediately before being granted ILR, then 196E, 196D should be satisfiable.

Do check the rules. if she does satisfy 196E, then they may grant ILR under the rules. There would be no reasons for refusal under 196F.

Child may also apply for ILR with her under 199A.

See similar case.

Dear Vinny,

Thanks for your feedback and support, I dropped you an e-mail (PM). Will you please read that and respond.

At the time of ILR I was on five year work permit (old one) given on June 2008. Our two kids born in UK one before My ILR and second one after, second one was British citizen at her court hearing and I was on ILR, first ones Naturalisation was applied and had acknowledgement at that time.

At the moment two our kids and myself are British citizen.

Unfortunately she was given partner dependant visa as per R-LTRP 1.1 a, b and d, under immigration rules D-LTRP 1.2. So she can not apply settlement until 120 month, or other way is to wait until her 10th Anniversary in the UK (2018).

I will seek you support once again.

Regards
Alishah

Post by **vinny** » Sun Nov 02, 2014 3:59 pm

British kids do not need to do anything more.

Alishah wrote:Unfortunately she was given partner dependant visa as per R-LTRP 1.1 a, b and d, under immigration rules D-LTRP 1.2.

It doesn't matter!
If there are no unspent convictions, etc, then there is no need to wait.
KOLL required.

Alishah · Post by **Alishah** » Sun Nov 02, 2014 8:21 pm

Hi Vinny,

Thanks a lot for such good replies and help, Much appreciated. Do you have any practice or work as immigration professional.

Regards
Alishah

Post by **vinny** » Mon Nov 03, 2014 12:01 am

Alishah · Post by **Alishah** » Fri Nov 07, 2014 9:03 pm

vinny wrote:British kids do not need to do anything more.

Alishah wrote:Unfortunately she was given partner dependant visa as per R-LTRP 1.1 a, b and d, under immigration rules D-LTRP 1.2.
It doesn't matter!
If there are no unspent convictions, etc, then there is no need to wait.
KOLL required.

Hi Vinny,

I was away for some project work, Now back again with few questions.

My wife hasn't done any convections, she was never been over stayer, we applied her FLR (o) while she hold the valid student visa, during the waiting time for the FLR(o) her student visa was expired though, but her application was in process (I think this not an issue). The application was rejected but right to appeal was given, we appealed in time and court granted her appeal under immigration rules and human right grounds and finally she was given the visa.

She has already done ESOL B2 for study visa, only thing is require to complete is like in the UK, which she will complete.

I am sure after completing the last KoLL requirement we can apply for her ILR.

Please tell me. Can we use the same day premier service for her ILR. I think yes, reading your previous post and replies. are there any other requirements to be full filled? you mentioned in one of your post, we need to make clear under which rules she is applying in the covering letter. What do you mean about this. Please explain. Do you mean explain about 196D,E and 5.2 etc.

Thanks for your responses so far and in future, wish you very good weekend.

Regards
Alishah

Post by **vinny** » Fri Nov 07, 2014 9:29 pm

Yes. Just say that she's applying for SET(O) under Immigration Rules 196E.
Same day premier service possible.

Alishah · Post by **Alishah** » Sat Nov 08, 2014 8:15 am

Good morning Vinny,

Thanks you very much.

Regards
Alishah

Alishah · Post by **Alishah** » Thu Oct 08, 2015 9:04 am

Hello Vinny,

I was out for some work and we were not ready (LIUK) etc. since she have done this and we are now ready for same day premier service.

Can you please let me know if the law and situation still the same or there has been changes which may help or may not? Please give ma an advice.

Regards
Alishah

Post by **vinny** » Thu Oct 08, 2015 9:56 am

vinny wrote:Do check the rules. if she does satisfy 196E, then they may grant ILR under the rules. There would be no reasons for refusal under 196F.

Alishah · Post by **Alishah** » Thu Oct 08, 2015 11:47 am

Vinny,

Thanks for the prompt reply. Please clear, someone also told me, as soon she is granted ILR she can apply for Naturalisation.

Regards
Alishah

Post by **vinny** » Thu Oct 08, 2015 2:42 pm

Alishah · Post by **Alishah** » Sat Oct 10, 2015 12:45 pm

Hi vinny,

We have booked premier service appointment in BErmingham for 21st of October.

Cheers
Alishah

Post by **vinny** » Sat Oct 10, 2015 1:02 pm

vinny wrote:Good luck!

Print out the Immigration rules and take the printout with you. You may have to refer 196E, etc., to the caseworker.

Alishah · Post by **Alishah** » Sun Oct 11, 2015 3:13 pm

Hello Vinny,

The SET (O) form is quite big 84 pages, i have started filling the form, I wanted to know few things that you may be able to help.

Sections:
1 - Application details: I will fill this section.
2. Depandents: Since my wife is applying herself, we dont need to fill this section?
3. Category: we will select Work permit Dependant
4. Knowledge of language and life in the UK: we will fill as appropriate
5. Home and Finanace: Do we need to fill this section? she is house wife
6. Immigration History: we will fill as appropriate
7. Personal History: we will fill as appropriate
8. Photos: we will provide as per requirements
8B. Other information: what should we write here?
9. (ALL): Not applicable to us?
10. Biometric permit: we will fill as appropriate
11. Passport and other document: we will fill as appropriate
12. Documents: I think we dont need to fill all (12 A only)?
13. Signature pages: we will fill as appropriate

I will appreciate your support in this respect.
Regards
Alishah

Post by **Obie** » Sun Oct 11, 2015 10:38 pm

VINNY,this op and his wife may get caught up by A280B.

She unfortunately went outside her path to settlement, and was issued under Appendix FM. This will cause problems , irrespective of the position under 196.

Post by **vinny** » Mon Oct 12, 2015 2:20 am

A280B wrote:An applicant aged 18 or over may not rely on paragraph A280 where, since their last grant of limited leave to enter or remain under Part 8, they have been granted or refused leave under Appendix FM, Appendix Armed Forces or paragraph 276BE to CE of these rules, or been granted limited leave to enter or remain in a category outside their original route to settlement.

I think this is a case where multiple rules are applicable. I think that the application is possible under Part 5. The OP's wife is not relying on A280 under Part 8, but on 196E under Part 5. So, A280B is not violated.

Post by **Obie** » Mon Oct 12, 2015 2:39 am

My view is that A280B has the effect of invalidating whatever part to settlement a person might have previously had before switching to Appendix FM.

It is clear that she was issued leave under appendix FM, following the successful article 8 appeal.

Post by **vinny** » Mon Oct 12, 2015 2:48 am

A280B explicitly states that the applicant may not rely on A280, which is satisfied.

196D wrote:(iv) was not last granted:

(1) entry clearance or leave as a visitor, short-term student or short-term student (child),
(2) temporary admission, or
(3) temporary release; and

is also explicit.

We are relying on:

Syed, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1059 (07 September 2011) wrote:It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State's specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve...

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Varying Spouse Visa after Citizenship

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