Tier 1 general dependant ilr refusal

[lander]

Dear Vinny, Amber, Obie and other knowledgable gurus please your help is required. Below is my immigration history.
Applied for tier 1 general in july 2011
My husband join me in uk in 2014 as tier 1 general dependant.
My husband and I applied for ilr on 5 july 2016 in Sheffield
I was granted ilr but my husband’s application was refused under 319e
I requested administrative review on 17 july 2016 on the basis that my husband should be granted ilr because we have been married for more than five years although he only became a dependant in 2014.
My husband’s dependant leave expired on 21 july. l have now received response from home and the administrative review was unsuccessful and and should leave the uk now otherwise be liable for detention and removal except l state within 14 days any reason to stay in UK which l have not already told them about.
Please advice
Can l reapply for tier 1 dependant visa for my husband now although maintenance requirement for my dependant will be complete(90day) on 23 August 2016 because income went below required amount for about 3 days Or what options have l got?
Your help will be greatly appreciated.
Lander

[Abc499]

( very junior's view )

He was not eligible for ilr as not completed 5y.

For maintenance you can check if you/ husband have balance on another account, then you can check if you can show this with multiple bank accounts.

What is AR refused date ?

[lander]

10 august

[Abc499]

( completely my view only)

Once AR decision made, his Valid leave end as already current leave expire. as I mention if you think the maintenance you can show with combining multiple accounts then you can try that..

Or else you can apply for dependent extension on 24th August compleetng 90 days maintanance. ( Upto 28 days overstaying will not be issue for the extension, however there is no better option too )

[lander]

So he becomes an overstayer 28 days from AR Date and not date his dependant visa expires

[Abc499]

No.
AR decision made on 10th Aug, so he is overstaying already from 11th August

[Casa]

So he becomes an overstayer 28 days from AR Date and not date his dependant visa expires

@Abc499 - 10th to 11th August is only 1 day, not 28!

[lander]

Also could home office not have exercise discretion and grant his tier 1 general dependant visa rather than just refusing ilr application

[Abc499]

So he becomes an overstayer 28 days from AR Date and not date his dependant visa expires

@Abc499 - 10th to 11th August is only 1 day, not 28!

Then I misunderstood ! My understanding was the overstaying start from 11th Aug on this case, and I mention that.

[Casa]

Also could home office not have exercise discretion and grant his tier 1 general dependant visa rather than just refusing ilr application

5 years of marriage doesn't meet the rule of 5 years of residence in the UK as a Tier 1G dependent. He doesn't qualify for ILR, he's only been in the UK for 2 years.

[Abc499]

Also could home office not have exercise discretion and grant his tier 1 general dependant visa rather than just refusing ilr application

How can they allow you something which you did not apply for !

[lander]

Please vinny, Amber and other respectable senior members can you please help me with your views

[Casa]

Please vinny, Amber and other respectable senior members can you please help me with your views

Amber left the forum some time ago.

[lander]

Oh I didn't know Amber left. How about obie and funke..? Thanks I so much appreciate your help on this forum

[lander]

Casa, so his tier 1 general dependant extension application could be made anytime within 28 days from date of AR decision. Just so that I get it right
Cheers

[CR001]

Oh I didn't know Amber left. How about obie and funke..? Thanks I so much appreciate your help on this forum

Funke also is not longer active on the forum.

AR was bound to fail as HO did NOT make an error in refusing his ILR. He currently has no legal status in the UK. As soon as ILR was refused, he should have submitted an extension application for Tier 1 General dependent BEFORE his visa expired.

Not sure which application would be appropriate now considering his Tier 1 G dep has expired and AR failed.

[lander]

So could he apply as spouse of settled person since I have ilr and not as tier 1 general dependant? Please help

[lander]

Please help. I hope they won't remove him from uk

[ouflak1]

Also could home office not have exercise discretion and grant his tier 1 general dependent visa rather than just refusing ilr application

The Home Office can only consider visa's for which you have actually applied. Unfortunately, you misunderstood the rules and this has cost you time as well as stability.

My husband’s dependant leave expired on 21 July (2016?)

Your best option may be, in my opinion alone, for him to return to his home country (the sooner the better!) and apply to return as the spouse of a settled person.This is the most likely possibility for you and him to remain in the UK together long term. You are still at a stage time-wise where everything can be considered and explained away as a big, but genuinely innocent, misunderstanding.

[lander]

Thank you for your response. Vinny and other gurus your advice will be appreciated

[lander]

Thank you for your response. Vinny and other gurus your advice will be appreciated

[lander]

Gurus on forum, Please help

[lander]

VINNY CASA, OBIE, CROO1 please help with advice

[lander]

John advice will be greatly appreciated

[ouflak1]

I suppose if you rush now, you could still squeeze in another Tier 1 dependent application before that magic 28 day time slot disappears, which I think is until tomorrow.