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Visa Start Date After Appeal

Posted: Sun Dec 29, 2019 3:24 pm
by zm8162
Hi,

I'm sorry if this has been posted in the wrong area.

The timeline is as follows:

28/03/14 - fiance visa issued (Pakistan)
27/07/14 - entered UK (fiance visa)
27/08/14 - Married
25/09/14 - applied for switch to spouse visa
03/11/14 - application rejected
10/11/14 - appealed against rejection
19/02/15 - appeal heard in First-Tier Tribunal
28/02/15 - HO decision overturned by judge (this is the date by the signature of judge on the decision letter)
09/03/15 - date on letter communicating the decision

Applied for extension in 2017.
Current BRP is valid till 28/03/2020

From my understanding, my 5 year qualification period would end on 28/02/2020 (5 years after the initial appeal decision).

My question is, Do I need to provide any evidence as to when my initial spouse visa started. I was given a BRP initially but I submitted it with my extension application and do not have a copy of it so I don't know what the visa start date on it was. It was due to expire on 28/09/2017 - that I know.

Re: Visa Start Date After Appeal

Posted: Mon Dec 30, 2019 12:30 am
by zimba
UKVI has access to all your history. Remember that spouse visa is issued for 2.5 years. So calculate your 5 years based on that

Re: Visa Start Date After Appeal

Posted: Mon Dec 30, 2019 12:12 pm
by zm8162
Thank you.

The current extension BRP was issued on 9/9/17 and expired on 28/3/2020 (slightly longer than 2.5 years).

Looking at the appeal decision letter I can find the following:

The date next to the signature and stamp of the Judge is 28/2/15 (corresponds with 28/3/20, little longer than 30 months)
The date on the front of the letter stating "Decision and Reasons Promulgated" - 9/3/15 (corresponds with 9/9/17). - though it's unlikely that the visa was going to expire on 9/9/17 and that's the exact date that the extension has been issued.

Unfortunately I used a solicitor for my extension application and they can't find any of the old documents/application/copy of old BRP.

I'm struggling to establish whether the qualifying period would be 28/2/20 or 9/3/20. I suspect the safest thing would be to work with 9/3/20.

Would the HO have this information - is there a way to contact them to get this information?

Re: Visa Start Date After Appeal

Posted: Mon Dec 30, 2019 3:01 pm
by zimba