FLR(M) refused

[hboudaoud]

Good morning,

My friend's wife applied for leave to remain as the spouse of a person present and settled in the UK. But, her application has been refused.

It was refused because she doesn't meet the requirements in terms of leave set out in paragraph 284(i).

In the notice of decision is says the following:

*) 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.

*) You still have leave to remain where your current conditions continue to apply. Please ensure that you understand the conditions of your stay.

You are not required to leave the United Kingdom as a result of this decision.

She had a visitor visa valid from 01 April 2011 to 01 October 2011, and the notice of decision letter is dated 04 October 2011.

Surely she has the right to appeal according to section 82(2) (d) of the Nationality Immigration and Asylum Act 2002.

She applied here in the UK because she couldn't go through the trauma she went through when she applied for a visa to visit her husband.

She applied for a visitor in December 2009, the ECO refused her application because he said he was not satisfied that her husband was working, she submitted his payslips, bank statements etc..

She had a right to appeal and she did appeal, in June 2010 the Judge gave her the right to visit her husband. But, the home office still did not contact her (The British Embassy in Algeria) to grant her the visa. We had to call the home office many times and we called the tribunal, she was going to check every single day with the embassy in Algeria and everytime they told her we received nothing from Croydon.

Until, we made an official complaint to the tribunal, they decided to grant her a six months visa on 01/04/2011.

She suffered from depression and the couple nearly got divorced because of the distance and not being able to see each others.

That is why she applied for spouse visa here in the UK because she lost trust in the British Embassy in Algeria in particular and the Home Office in general.

Thank you in advance for your help.

[vinny]

I think that she has the right of appeal. However, it appears to have been a correct refusal. Unless she has British children, she is unlikely to succeed in being granted discretionary/leave to remain.

[hboudaoud]

Thank you for your help Vinny. I really appreciate your help.

She is going to ask the judge to give her the right of appeal.

But, should the judge decide that she has to go back to Algeria and request a spouse visa there. Does it mean that she overstayed her visa here?

Because she had an excuse why she did not leave the UK before the 01/10/2011 the date her visa expired.

[vinny]

If she is going to appeal, then she should do so within the time limit.