spouse visa

[Orisa]

Hi, Please I have some questions that I need some help with.

I came to the UK with my Dad as a Diplomat Dependant,
I have had a Diplomatic dependant visa for 5 years, 2 years ago my dad left the country as soon as his tour ended but I still had 2 more years to stay in the UK so I stayed.

A day before my visa expires I applied for indefinite leave to remain, but was meant to apply under the 5 year route as the spouse of my husband to get ILR.

My application was declined as a result and I was now made aware of the correct visa application that applied to my case. A legal representative is helping me appeal but I'm concerned that I'm not getting enough information and would like to be informed of the likely decision in my case.

The appeal date date is at the end of March so I don't have much time and would really appreciate if you anyone could help out whilst we are getting things ready for a successful appeal.

My questions are:
1. Is it completely necessary to have 12 months worth of payslips? As I have 3 or 4 months worth because I have been between jobs before that and was a full-time student for over two years prior to working as a professional. My husband's (British National) case is similar, whilst having has been working for 4 years after leaving education, he has only started working full-time again as a professional starting January after 11 months of being Freelance with income coming for PAYE jobs. His p60 for this is available.

2. I'm currently staying with my husband and have been since we married in April 2019, we were living together as a unmarried couple for 5 months at a house he secured a rent contract of two years with friends in March 2018, but he had to vacate after only a year because his landlord had a selective license not a HMO and thus the rental was technically illegal and would untimely evoke our 1 year break clause to get us out of the property after an application had been denied for the owners to get a HMO license (a massive fault by estate agents). We moved into his parents house shortly after due to capacity and location. A legal representative has written to us that due the nature of us living at his parents house, legal documents, a letter and (informally mentioned over the phone) would need to appear in court to do so. Our appeal does outline that witnesses should be made as aware they would need to attend. Does this apply to my husband's parents in this case?

[Orisa]

Hello, I would really appreciate if anyone could advise us. I realise that the subject title might go unnoticed amongst many other similar posts. Sorry about this!

[seagul]

A day before my visa expires I applied for indefinite leave to remain, but was meant to apply under the 5 year route as the spouse of my husband to get ILR.

My application was declined as a result and I was now made aware of the correct visa application that applied to my case. A legal representative is helping me appeal but I'm concerned that I'm not getting enough information and would like to be informed of the likely decision in my case.

The appeal date date is at the end of March so I don't have much time and would really appreciate if you anyone could help out whilst we are getting things ready for a successful appeal.

Why are you appealing and wasting your time since the refusal was correct?

[Orisa]

I see, thank you for your response, can you please advise what I should do in this situation. Is it possible for me to appeal the refusal in court and make a case for the right to stay under the correct 5 year route (this is what my legal representative advised), is it still possible to put forward a new (correct) application or is my case futile since my right to stay in the country has expired and should I be prepared to leave the UK without my partner?

[seagul]

I see, thank you for your response, can you please advise what I should do in this situation. Is it possible for me to appeal the refusal in court and make a case for the right to stay under the correct 5 year route (this is what my legal representative advised), is it still possible to put forward a new (correct) application or is my case futile since my right to stay in the country has expired and should I be prepared to leave the UK without my partner?

Fastest way might be to apply the correct visa from abroad.

[Orisa]

Thank you seagul, I appreciate the honesty. That's been very hard to come by during this whole process.