problem with settlement (M) visa

heavymetalrose · Post by **heavymetalrose** » Mon Jan 09, 2012 8:42 pm

Hi,
We are about to apply for Set (M) ILR and we went to see immigration solicitor today. Our problem is that my wife had to leave our local area to get work. We live in Essex and she had to go to Bournemouth. We were told by the immigration solicitor that this probably wont be looked on favourably. We were in constant contact, have all the evidence to prove this. We visited each other when we could, and have evidence of this. The solicitor seems to suggest that it would be better for us to apply by post than go in person to an immigration centre as our case is not straightforward. Conversley,We were told by another solicitor that her working away would not be much of a problem as long as we kept in contact, visited each other and stated that her main place of residence was with me at ur home. Now we are very confused and worried as to if we will get ILR granted. Any help would really be appreciated. Thanks

Post by **Casa** » Tue Jan 10, 2012 12:06 pm

Do you have joint bills...correspondence at the same address? The case workers main focus is on whether the relationship is subsisting and that you are living together....not simply visiting. The solicitor who advised that a PEO application is unlikely to succeed is correct.

heavymetalrose · Post by **heavymetalrose** » Tue Jan 10, 2012 12:27 pm

Hi,
thanks for responding.
Yes , I am working on the visa now. Yes we have hundreds, and I mean literally hundreds of joint bank statements, utility bills, drs letters, inland revenue stuff with our names o showing that both are residence is the flat we rent. We have lived together for the 19 months, but due to work issue, my wife worked in another area. We visitied each other, got phone bills, skype screenshots , saved emails, bus tickets, photos to show we were together when she was away. The most we were apart is three weeks at a time, and a total of 20 weeks from two years.These all proove that this was are main residence.We have tenancy agreements, letters from landlord attesting to the fact that. We even have letters from the people she temporarily lodged with saying that they met me and my wife at the same time. All her bills came to our address, we were even told by an immigration lawyer that this is all ok as long as we can proove our relationship is maintained, that we are in a loving relationdhip and we maintained our accommadation.
What would happen if we are refused, do we have to do the FLR again for two years. Any help is really appreciated as I am literally sick with worry
Thanks

chrisrich · Post by **chrisrich** » Tue Jan 10, 2012 12:43 pm

Don't worry yourself too much, everything will be ok, i think you should make a postal application. Write a cover letter & submit all the relevant documents. Your relationship is genuine, so you have nothing to worry about, just be honest. Good luck

heavymetalrose · Post by **heavymetalrose** » Tue Jan 10, 2012 1:39 pm

Hello again,

Thanks for replying. I would really like to know the benefits of sending my application and documents by post as opposed to going in person to the PEO office. We were planning to go in person because we thought this way we might be able to get an answer right away, as opposed to having to wait several months for a reply if we posted everything. We were told by an immigration solicitor that it's better to do it by post, partly because we wouldn't have to pay for premium service and partly because if our caseworker knows that we are there waiting, he/she might feel pressured and will deny the visa and keep everything for further investigation. Are there other reasons why posting is better? So we would like to know which is better, posting or going in person in our situation?

chrisrich · Post by **chrisrich** » Tue Jan 10, 2012 3:32 pm

To be honest with you, I think applying in person is better even though one has to pay extra ££s & if the case is straight foward, the visa is granted on the same day & that saves you stress & waiting, if the case worker decides that they need to do further checks, the paperwork is retained untill further notice.

If you apply by post, you will need alot of patience but the decision is entirely yours to make, whatever way you choose to go, good luck! But give a serious thought to what the solicitor says.

Post by **Greenie** » Tue Jan 10, 2012 3:52 pm

chrisrich wrote:To be honest with you, I think applying in person is better even though one has to pay extra ££s & if the case is straight foward, the visa is granted on the same day & that saves you stress & waiting, if the case worker decides that they need to do further checks, the paperwork is retained untill further notice.

If you apply by post, you will need alot of patience but the decision is entirely yours to make, whatever way you choose to go, good luck! But give a serious thought to what the solicitor says.

the case isn't straightforward, that's the point.

heavymetalrose · Post by **heavymetalrose** » Tue Jan 10, 2012 4:34 pm

hi thanks for all your replies but I really need to know what the difference is between sending it by post and going in person to a PEO. We realise that the case is not straightforward, so wouldnt it be better to be told this on the day at the PEO than wait for months by post wondering? either way, if they want to keep our documents to make a decision, they will do so; why is it better to send all the dcuments off by post?

Post by **Casa** » Tue Jan 10, 2012 4:47 pm

PEO staff don't have the authority to approve a case on the day which isn't straightforward. It has to be referred, which means it would join the postal queue at the premium fee, or rejected as not valid and the application fee lost.
If you apply by post you should be given the opportunity to provide additional information if the case worker believes it necessary.

heavymetalrose · Post by **heavymetalrose** » Tue Jan 10, 2012 4:49 pm

what happens if it is not valid, will my wife be sent back?

heavymetalrose · Post by **heavymetalrose** » Tue Jan 10, 2012 4:50 pm

i am very frightened

Post by **Casa** » Tue Jan 10, 2012 4:50 pm

No, but she may need to apply for Further Leave or Discretionary Leave to remain. Take the solicitors advice and apply by post.

chrisrich · Post by **chrisrich** » Tue Jan 10, 2012 4:53 pm

The ball is in your court, just post it & give them time to decide your application, everything will turn out well, no need for your wife to be sent back

heavymetalrose · Post by **heavymetalrose** » Tue Jan 10, 2012 5:10 pm

PLease, if you could help me , what constitutes a non valid application, especially in our situation. Thankyou for your help

Post by **Casa** » Tue Jan 10, 2012 5:17 pm

An application that fails to prove that the marriage is subsisting and that a couple are living together at the same address.

Post by **Greenie** » Tue Jan 10, 2012 5:25 pm

can we just be careful about the use of the word valid. A valid application is one that meets mandatory requirement such as fees paid, correct form completed, mandatory sections completed, correct photographs, form signed etc. If an application is invalid it is treated as if it has never been made. this is not what we are talking about here, instead we are talking about an application that could be refused due to not meeting the requirements of the rules, a substantive refusal which is quite different.

OP - it seems like you do have significant evidence to prove that your relationship has been subsisting for the two year period. The rules don't strictly require that you are constantly living together in the same house during the two year period, there are lots of couples that have to commute between two cities and it is possible to succeed in these applications if you have the evidence that you have a shared home but one party is away for some of the time.

it sound like in your case that this was just a temporary arrangement. If, as you say, you have evidence that your wife still had your home as her main residence and that you continued to stay with each other ( I wouldn't use the word visit, it might confuse matters), you should be OK - all you have been advised is that it would be better to apply by post because complex cases should not really be presented at the PEO.

Obviously it is completely up to you (well, actually, your wife, since it is her application), you could choose to apply in person, it might be fine, it probably won't be refused on the day, but it could be referred meaning it will be treated as a postal application anyway, and you will have wasted the additional fee and have had to endure the stress of the PEO.

heavymetalrose · Post by **heavymetalrose** » Tue Jan 10, 2012 5:48 pm

First, id like to thank everyone for their help,
Thanks for clarifying things greenie,
Yes it was a temporary separation, 8 weeks in 2010, 12 in 2011, interspersed with either me or my wife visiting for at least a week at a time (this is all docuemented, train and bus tickets). Everything was addressed to the flat we share, all utilities, council tax etc etc are in our joint names. We even got one of the ladies my wife stayed with to write a letter to that effect, stating that she met me when I 'visited' Kath. We got our landlord, friends family to write about this in letters. We communicated daily by skype, I got dated screenshots, email screen shots and text and phone, all documented on phone records.Everything is documented. The reason she had to temporarilly leave is twas solely for work, extremley high unemployment here. We have shown evidence of this, her trying to get work etc, Work contracts etc Neither of us drive and I work 6 days a week so I couldnt get to see her every week. We dont claim benefits etc, it is just this issue of my wife having to temporarily part due to circumstance.

My wife thinks it would be best to go to Croydon because there is a chance that we might be granted ILR. If not, knowing that ouurs isnt a straightforward case, then at least we will be told 'there and then' that we will have to wait for a decision. I know this seems frivillous, paying the extra £400 for the premimum application, but our nerves cant handle much more!!!

Anyway thanks for all your help

Immigrationboards.com: Immigration, work visa and work permit discussion board

problem with settlement (M) visa

problem with settlement (M) visa