WHAT DOES THIS MEAN? Frontior mole and other seniors

[SUB-ZERO]

Hi all

A friend of mine applied for an in country spouse/settlement visa through a solicitor,she is an overstayer by 5 years but has a british partner,they have a child together and they are not married but been together for about 3 years.as usual HO deducts money and issues a reference number.In her case however she was issued with a reference number and a few weeks later a second letter came through the post from UKBA which reads.

(Your clients case is valid however the are further enquiries that need to be carried out and such as is being referred to a special team which carries this out)So my question is does this mean that they are gonna grant the visa and that all the documents are ok.If they had refused the visa would it have read invalid?She was so excited when she read the application was valid part but i told her to cool it,it could be anything.am i wrong?


thanks

[Frontier Mole]

What country is your friend from?
That will give a good indication as to the direction it is likely to go.

The letter is more positive than negative BUT only in the sense that the right boxes have been ticked, information is complete etc. It in no way means that the visa is going to be granted. It really only states that your friend has not lost out on the application fee because the application in incomplete etc.

Not that much help really - sorry.

[SUB-ZERO]

Thanks for quick reply FM

She is from south africa.If she is refused,can she appeal?If she loses the appeal what happens next, can she leave at her own expense with the hope of an out of country application or will the HO have to drag her away to S.A.From the posts i have read so far,it seems that her better option was to leave at her own expense without HO being involved,but i guess its too late now since she has already applied,correct me if i am wrong.

regards

[Frontier Mole]

Coming from ZAF is not going to do her any favours. It is an easy option to return and sort things out from there. You have already point that out.

However the circumstances of her family life and length of the relationship will have an impact on the decision. It is hard to say if it is a strong case, having the child favours the grant but it is never an easy call.

If it were to be refused there will be appeal rights. The Human Rights side is pretty strong.

The worst that could happen is for her to be refused and lose at appeal. If that were to happen I would suggest she returns to ZAF under her own steam and she is fairly certain to get an unmarried partner visa.

My personal view is that in the end of the day she gets to stay in the UK by one or other means.

[SUB-ZERO]

Hi

wow thnx for quick response yet,another intresting twist to this tale is that she worked illegally and was caught,she was questioned for a few hours by the police and HO with regards to the false documents she used to obtain work,She was then instructed to sign every week at a local police station,strange thing is that she says she was given a warning and not charged,i thought this was serious using false id,I think she needs to go home and repair this mess from outside the uk,UKBA is really going to pounce on her!.Now that i know the truth,in country applications are not exempt from breaching immigration rules,correct me if i am wrong.I think the lawyer gave her the wrong advice about applying in-country especially after being caught!.He is laughing all the way to the bank.

What happens at the airport if you leave at your own expense,do you have to inform UKBA that you are leaving and that they should return your passport,?

[SUB-ZERO]

hi

Anyone know how long an in-country appeal takes for the case to reach court from the date of the refusal.
regards