VISA Application == Which route to take? HELP

[quiel_type_r]

Hi guys,

First of all I would like to say thanks to anyone who is willing to give his/her insight/opinions in advance

I'm after a bit of advice as to what to do next really.. We've already been denied once and we really don't have the resources at the moment to keep throwing money away


Background info:

I am a British citizen and my partner is a Filipino citizen with 2 months remaining on her VISA (Residence Permit - Leave to remain). Our baby is a british citizen by birth.

Here's the story:

Me and my partner have been living together for nearly 2 years. We first met Sept '08. We moved in together Feb '08 and had our baby daughter in Nov '08.

Now, seeing as her VISA is due to expire in Feb '10, we passed an application for an extension of stay back in October '09 and got denied From what I can make of the notice, it doesn't really tell us why. It also said that we can't appeal because her VISA is still valid.

We recently got a civil partnership a couple of weeks ago.

My questions are:

1) any idea why the first application got denied?

2) which VISA do we have to apply for her?

3) WHEN is it acceptable and proper to submit the application -- seeing as her current VISA is still valid but we don't wanna leave it too late.



Please help We don't wanna leave this too late and for things to go from bad to worse. We can't afford for her to go back home as:

a) it's gonna break up our family

b) our daughter heavily relies on her for breastmilk -- she's allergic to milk, cheese, eggs, etc.

c) it's gonna be a huge expense



Any thoughts would be much appreciated

Thanks
Kel

[John]

I am a British citizen and my partner is a Filipino citizen with 2 months remaining on her VISA (Residence Permit - Leave to remain).

What sort of visa does she currently have? And how long was that visa for?

We've already been denied once

What sort of visa was applied for? And according to the rejection letter, the reasons for rejection?

Given that you mention Civil Partnership, who is the child's biological mother? And where did the father came from? Confused?

If your partner is the biological mother, are you working?

[quiel_type_r]

hi sorry for the confusion.

my wife currently has a 'Limited Leave to Remain -- Residence Permit' which is valid for 4 years -- 2 month validity remaining i.e. expires in Feb '10.

We applied for further leave to remain using FLR(O). I have here the notice of decision from the UKBA but am unclear as to the reasons why it was rejected?

All it says:

The secretary of state is satisfied that an application for a variation of leave to enter or remain is being sought for a purpose not covered by the immigration rules.

• You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Asylum act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the UK and so is entitled to stay here.

• You still have leave to remain where your current conditions continue to apply until 10 Feb 2010. Please ensure that you understand the conditions of your stay.

Does that simply mean that we applied too early? or is there something else there?


Also, my wife is the biological mother of our baby daughter and I'm the biological father. Our baby is a british citizen at birth and already has a british passport.

Many thanks
Kel

[vinny]

What was the basis for her current leave to remain?

Immediately after marriage/civil partnership, she should be able to switch to FLR(M).

[mochyn]

Civil partnerships are granted to same sex couples.
Are you saying that you were married in a registry office?
Why did you not apply for spousal visa?

[quiel_type_r]

@vinny: I'm pretty sure it's on the basis of a work-permit visa. but it doesn't say anything on the current visa apart from limited leave to remain -- residence permit.

@mochyn: Sorry for the confusion, i thought civil partnerships pertain to marriage in a reg office regardless of gender, but yes we were married in a reg office and we're not a same-sex couple. We didn't apply for a spousal visa as the plan was to extend her current leave to remain, because she's only a couple of months shy from being eligible to apply for ILR on her current VISA, we thought this would've been the better way to do it, but she got denied.

Any thoughts as to why the VISA had been denied?

Will applying for a visa using FLR(M) here in the UK be the ideal next step now?

Many thanks
Kel

[John]

quiel_type_r, very confusing, your use of the term Civil Partner! I have now changed the title of this topic.

As already asked, you really do need to tell us, what is the basis of her current visa?

[Wanderer]

Yes, very confusing!

The way I read this thread is the OP's wife is on a work-visa, most likely work-permit, expiring in Feb 2010 when she should be able to apply for ILR on her own merits, if she is still employed by the employer who applied for the work permit.

This will cost a bit tho - £820 by post, £1020 in person.

So, is she still employed, and how did you manage to marry without a CoA?

[joe777]

hi sorry for the confusion.

my wife currently has a 'Limited Leave to Remain -- Residence Permit' which is valid for 4 years -- 2 month validity remaining i.e. expires in Feb '10.

its 5yrs now to get ILR not 4 for workpermit holders

[quiel_type_r]

@John: So very sorry for the confusion, my bad. As I say, her current visa doesn't say anything about work-permit:



Although her previous visa, before she renewed to the above one, was for a work-permit dependant (on her mother). When that expired, on 10/02/06, she then applied for her OWN visa i.e. non-dependant and she was granted the above.

@Wanderer: Again sorry for the confusion. She would've been eligible to apply for ILR but she's 4 months short of completing the 5-year rule. Hence we applied for an extension of her visa (got denied) just so we can 'make up' the months lacking, and then apply for the ILR.

Just to note, we were granted COA before we got married.


Many thanks
Kel

[quiel_type_r]

I've also been reading up regarding the EEA2. Is the applicable to me/us? The problem is her visa is due to expire in a couple of months and by the looks of it, the EEA2 result could take up to a year!

Can she then still reside in the UK while her application is being processed?

Any advantage/disadvantage in going down this route?

Many thanks
Kel

[meats]

I've also been reading up regarding the EEA2. Is the applicable to me/us? The problem is her visa is due to expire in a couple of months and by the looks of it, the EEA2 result could take up to a year!

Can she then still reside in the UK while her application is being processed?

Any advantage/disadvantage in going down this route?

Many thanks
Kel

Not if you're living in the UK no as you're British.

Can't you apply for a spouse visa?

[quiel_type_r]

Ah i see.. that's a no go then.

Yeah i think the best application type to make is the spouse visa.

Many thanks
Kel

[vinny]

Why didn't her mother apply for ILR and include her too?

Switching to FLR(M) or switching to Tier 2 may be possible.