REFUSAL TO VARY LEAVE

[rbn2000]

My wife has been refused flr(m).
Reason: Paragraph 286 with reference to 284(ii) of HC 395 (as amended ). Although I have not seen any amendments!!

Below are the exact wording in the letter.

''In view of the fact that your spouse only has leave to remain in the United Kingdom until 2013( my leave to remain is that of five year limited leave(asylum) ), the secretary of state is not satisfied that your husband is present and settled in the United Kingdom''

''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 United Kingdom and so is entitled to stay here.''

My wife student visa ends sept 2011.

I have full time job and all the requirements for marriage were met. We had also successfully applied for COA.

Is there any way I can challenge the decision?. I know people who have the same limited leave to remain and were able get their wife extend their stay.

Please help

[vinny]

Switching to FLR(M) is doomed to fail because

(ii) is married to or the civil partner of a person present and settled in the United Kingdom; and

However, see also Post flight spouses of refugees.

Perhaps a different application form should have been used?

[rbn2000]

Switching to FLR(M) is doomed to fail because
284 wrote:
(ii) is married to or the civil partner of a person present and settled in the United Kingdom; and


However, see also Post flight spouses of refugees.

Perhaps a different application form should have been used?
_________________

hello, thanks for the reply.

I also read that paragraph but what surprises me is that, flr(m) is for 2yrs and my limited leave to remain ends in 2013 before that time I am a '' present and settled'' citizen so, why did they have to refuse my spouse on the ground of me being not 'settled' enough in UK?
I think the form I used was the correct one but this 'present and settled thing is what confuses us. Any idea on what it means?

and can I ask for reconsideration of her application? the fact that we have been denied right of appeal

[vinny]

my leave to remain is that of five year limited leave(asylum)

Unfortunately, you are not settled.

Interpretation

6. In these Rules the following interpretations apply:

...

"settled in the United Kingdom" means that the person concerned:

(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and

(b) is either:

(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or

(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.

...

"present and settled" means that the person concerned is settled in the United Kingdom, and, at the time that an application under these Rules is made, is physically present here or is coming here with or to join the applicant and intends to make the United Kingdom their home with the applicant if their application is successful.