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Spouse Visa 5 year FLR(M) extension issues

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guoxiaoran
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Posts: 18
Joined: Mon Jun 20, 2016 6:28 pm

Spouse Visa 5 year FLR(M) extension issues

Post by guoxiaoran » Sat Jul 02, 2016 7:27 pm

Hi All.

I hope some one could help me with some confusion.

I came to UK under T4 Student visa in Sep 2011, I switched to Spouse visa in 2014 Jan and I was granted 30 months. Now 2.5 years have passed, so we have just applied for a Spouse Visa extension (2nd part of the 5-year route) yesterday at Liverpool premium service centre and I have been granted another 30 months visa.

However, during the application, the officer said to me you have been rejected back in 2014 and we have put you under 10 years Family & Private life route, she said she didn't know why was I there to apply for an extension under 5 years route. I have not been told in 2014 that I have been rejected by anything and I always think that my first spouse visa granted in 2014 was my first part of this 5 years route. So I told her that and then she re-checked my documents again and granted me 30 month visa.

When I got home, I went through the decisions letters (the first one from 2014 and this current one from 2016) and found that there might have been a mistake:

The letter from 2014 didn't say what route I am on and didn't say anything being rejected, although there is a instruction on how to apply for settlement saying '...completed at least 2 years...'which I think might have been a mistake since the 2-year spouse policy was changed in 2012.

The letter from 2016: clearly says I am on the 5 years route, but there is no sign of wording saying wether I am on the first part of 5 years or second? On the first paragraph in the end it says '...you have to complete at least 5 years to apply for settlement...'' which I feel should it not be 2.5 years?

I have had my solicitor confirm with them at the end of the application to make sure that this is the EXTENSION that I am applying for and they(the service centre) confirmed it is and said it's nothing to do with you the 10 years, the officer may have got it wrong though?. But everything has been done verbally so I am worried because I have nothing in writing?

To me based on the letters they have put me back on the initial 2.5 years. During the application, they seem to have only checked documents within the recent 6 months, they have not checked anything outside the past 6 months, not checked my police registration letter and they have even returned the first 4 or 5 pages of my application form (the pages with payment instructions & correspondence address etc).

I don't see why they would put me on the 10 years route as I had originally met all the criteria they asked for e.g. financial, language, accommodation, marriage certificate etc. I really want to know and get a clear answer off the authorities which stage I am currently on. Who actually made the mistake?

Thanks for your patience reading this and please can anyone advise anything if you experienced a similar situation.

Many thanks in advance.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Spouse Visa 5 year FLR(M) extension issues

Post by vinny » Sun Jul 03, 2016 1:14 am

Suggest SAR to get more info.
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.

guoxiaoran
Newly Registered
Posts: 18
Joined: Mon Jun 20, 2016 6:28 pm

Re: Spouse Visa 5 year FLR(M) extension issues

Post by guoxiaoran » Sun Jul 03, 2016 12:27 pm

vinny wrote:Suggest SAR to get more info.
Thank you vinny, will do as soon as I get the new BRP.

Has anybody else having the same issue?

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