what if spouse is rejected ILR

[fora]

Hi.guys
I am HSMP JR pre nov 2006.
I am including my husband in set(o) as my dependant.
He stays with me 1 year.
He is entitled for ILR due to JR.
His tier1 dependant visa ends the same day as mine.
What if i am granted ILR but he is rejected(CWs sometime do not want to listen the arguments).
FLR(M) is not very good option for us,
Any ideas,guys how to get his ILR in case of rejection(we will still have a couple of weeks before his visa expiers)

[geriatrix]

Any ideas

Seek legal advice from a competent legal professional.

[fora]

dear sushdmehta,
i am aware of the existance of immigration advisors.
But i am sure that some of our forum members r more knowledgeble in particular immigratiom areas than the majority of the imm.advisors.
That is why i ask the question here.
Moreover some members as far as i know r in the same boat as me.

[Greenie]

dear sushdmehta,
i am aware of the existance of immigration advisors.
But i am sure that some of our forum members r more knowledgeble in particular immigratiom areas than the majority of the imm.advisors.
That is why i ask the question here.
Moreover some members as far as i know r in the same boat as me.

your question is hypothetical. No one can really answer until and (if) your spouse's application is refused and you know the reasons why.

[geriatrix]

I was not informing you or making you aware about the availability of immigration advisers .... but giving you the "idea" you were looking for (perhaps the only one that exists / is practical).

If your dependant's application is "refused" and the dependant's current leave has not yet expired, there is no right to appeal and the only recourse available to you to challenge the decision may be through legal means - which only a competent legal professional can help you with.

That said, if you get trapped into "withdrawing" your dependant's settlement application following UKBA staff member's advice that the dependant is not eligible and that you should withdraw dependant application else you'll lose the fees - then you won't even have an opportunity to take legal action.. because you wouldn't have applied, and there would nothing to challenge . You may have to settle with a just complaint to UKBA informing them of the incompetency of their staff.

[fora]

The only reason is 1 y cohab only.
As i understand if they make me withdraw him from my application,i will not have the right to appeal , Of course i can make the complaint about the incompetency of PEO staff , but meanwile , to avoid overstaying he will b caused to apply only for FLR(M).
Because At the time of complaint section 3c protection will not work for him .
Am i right?

[geriatrix]

Section 3C - the law and the internal guidance.