Wife’s new application

[ashycal]

Dear All

I need some guidance urgently.

My wife just received rejection from court of appeals on her immigration case. How long does she have to launch fresh application as dependent spouse as I’ve gotten my ILR in feb 2018 (while the case was pending)

Also my kids have pending application for naturalisation with Home Office since end of February.


Thank you
Ashycal

[CR001]

Useful to state what the 'immigration case' and details are and reasons for refusal etc etc and her full UK immigration history??

You asked in Feb 2019 about ILR on Set(O) but state above you got ILR in Feb 2018???

[ashycal]

Apologies.. got my ILR in Feb 2019 .. basically my wife applied on human rights ground - Article 8 as right to family life .. which was perhaps rightly declined as I was neither British nor Permanent resident at the time. This was first tribunal and upper tribunal.. then we went to court of appeals as well which as well is declined.

[CR001]

Can you post your and her full UK immigration history including all relevant dates???

Impossible for us to give any useful advice without the details and exact dates of the sequence of visas and appeals etc.

What visa route did you apply for ILR??

What application form did you submit for your wife?

What further steps has the refusal given??

As appeal rights have been exhausted, her Section 3C protection has ended.

[ashycal]

Hi

My wife (AB) and I got married in March 2011. Both were on student visa at the time. AB got HSMP and I got a discretionary leave (as dependent) to remain for 2 years ending in March 2014. In March 2014, I applied for ILR under 10 year route and AB applied for DL based on human rights article 8 of ECHR. My application was declined but granted a DL for 3 years based on my right for family life. After almost a month, AB s application was refused.

We went to court and first tribunal found in favour of the HO. In the meantime I was granted DL for my one year old parallel to mine. But instead of appealing the first tribunal’s decision, we made a fresh application for AB as we thought it was a major change in circumstances that my daughter was granted DL.

However HO refused the second application as well. And this time first tribunal found in our favour. But HO took it to upper tribunal, where the judge sent the case back to first tribunal. The third judge found in favour of the HO. We then went to upper tribunal and lost again.

In July 2017 I applied for an extension of my DL. This was refused. We went to court and won resulting in 2.5 yrs of DL for me and my eldest one.

Back to AB s case, we went to COA in September/ October last year. In the meantime we’ve had 2 more children. Except the elder one both other kids are without any visa. All three don’t have any passport either. That appeal to COA was declined on Friday last week.

I have been grant ILR in feb 2019 and subsequently I applied for all kids naturalisation which is currently pending any response from HO.

So my request for guidance was to understand how long do I have for making an application for AB. Though AB has completed her 10 years in the country, I am not confident that all her applications are done within the right timeframe.

So I am planning and aiming for spouse visa. And I have completed the form and AB is taking her English test on Saturday, I am aiming for same day service and hopefully get spouse visa for her. Forgot to mention that I am an Indian national and my wife is from China.

Please advise


Regards
Ashycal

[CR001]

There is no longer a same day decision service. The centres were closed.

Given her complicated history and no current legal status, any application might take a few months. Her case is not straightforward.

Have you completed form FLR(M)??

FLR(FP) Partner route is probably the better option as she has no leave to remain status.

[ashycal]

Thank you very much CR001 for your guidance. One more thing .. since the decision came in less than a week ago and HO has not sent us any notification for removal etc. Does that not mean AB is within legal status.

I thought AB would have at least 14 days and that’s why I filled flr(m) and not flr(fp) for super priority services ..

[CR001]

She has 14 days to make an application but if she has exhausted her appeals rights, her section 3c protection or legal status ended then. Her new application would have to be successful for her legal status to be reinstated.

[ashycal]

Thank you CR001 .. though I just realised that both flr(m) and flr(fp) are leading to the same form online. Kindly confirm that I m not misreading this or missing anything


Thank you