Wife and Daughters Settlement Rejected - Help required

rvk_23 · Post by **rvk_23** » Thu Mar 15, 2012 9:34 am

Dear Moderators,

My wife and daughter's settlement got rejected. They were on FLR and their current visa is valid until Nov 2012.

To give a backgroud,

My wife entered UK on a WP dependent visa on Mar 2009.
She was then granted to reamain on Tier-2 Dependent on Aug 2009 since i had to renew my WP.
My daughter was born in India on May 2010 and came to UK on Tier-2 dependent child visa.
I completed 5 years in UK and applied for PR in Oct 2010 and my application was successful.
As per the immigration since my wife had not completed 2 years, i applied for FLR for my wife and daughter in Nov 2010 and they were granted visa until Nov 2012.

Since now they had completed more than 2 years , i decided to apply for Settlement (SET M ) and sent application via post on 19th Jan 2012 and got the passports back yesterday with the refusal letter.

The refusal reason states that my wife had not completed 2 years time as spouse. However all the visa she had been was as a dependent on my visa and she was not working either.

Can someone please let me know if this refusal is valid and if not what can i do . The refusal letter states that i cannot appeal on the decision.

Also need to know , if i apply again in Nov will cause problems ?
Will it be a problem for my daughter in future to apply for any visa ??

Your advice in this matter would be very helpful.

Thanks.

Post by **Lucapooka** » Thu Mar 15, 2012 10:02 am

They have not considered the time spent as a PBS migrant. This is an error (baby caseworker?) and you should appeal citing immigration paragraph 287(a)(i)(d).

harv · Post by **harv** » Thu Mar 15, 2012 10:10 am

Lucapooka wrote:baby caseworker?

Nice wording, super like

rvk_23 · Post by **rvk_23** » Thu Mar 15, 2012 10:36 am

what is the process for appealing ... and whom should i contact for this ...
also the letter states that we cant appeal ..

Post by **Lucapooka** » Thu Mar 15, 2012 11:01 am

You can't appeal as they have extant leave but you can ask for a reconsideration of what appears to be an error. I'm basing my comments only on what you have stated and there may be more to this. Seeing the exact working of the refusal notice would give the forum a more complete picture. Or seek professional advice.

Asking for moderators to comment (apparently to the exclusion of all others) will serve only to limit the responses (and help) you may be expecting. Moderators help to manage the forum and are not necessarily obliged or inclined to comment on individual threads.

rvk_23 · Post by **rvk_23** » Thu Mar 15, 2012 2:38 pm

The reason stated is as follows,

“You have not completed leave to remain as the spouse of a person present and settled in UK on 15 Nov 2010 until 15 Nov 2012.You have not completed the required 2yrs leave to remain in the UK in the marriage capacity under the marriage immigration rules.”

I called UKBA and spoke toa representative and they have asked me to write to the caseworker citing the immigration rule and asking to re-consider the decision.

I am sending the letter now and will see how it goes ....

And anyone's suggestions and comments would really be helpful

Post by **Lucapooka** » Thu Mar 15, 2012 3:19 pm

rvk_23 wrote: I called UKBA and spoke toa representative and they have asked me to write to the caseworker citing the immigration rule and asking to re-consider the decision.

Well there you have it; your problem is well on the way to being resolved. There is nothing else to add.

Post by **Greenie** » Thu Mar 15, 2012 3:23 pm

rvk_23 wrote:The reason stated is as follows,

“You have not completed leave to remain as the spouse of a person present and settled in UK on 15 Nov 2010 until 15 Nov 2012.You have not completed the required 2yrs leave to remain in the UK in the marriage capacity under the marriage immigration rules.”

I called UKBA and spoke toa representative and they have asked me to write to the caseworker citing the immigration rule and asking to re-consider the decision.

I am sending the letter now and will see how it goes ....

And anyone's suggestions and comments would really be helpful

did they seriously say 'under the marriage immigration rules' and not refer to the actual rules?!

rvk_23 · Post by **rvk_23** » Thu Mar 15, 2012 4:51 pm

Yes... sorry just checked again ... they have mentioned as per immigration rule 287(a)(i)

Post by **vinny** » Fri Mar 16, 2012 7:57 am

Ask for reconsideration. Cite 287(a)(i)(d).

rvk_23 · Post by **rvk_23** » Wed Mar 21, 2012 4:27 pm

I have sent the letter for re-consideration via royal mail recorded delivery and LiverPool UKBA has received it on 17 Mar 2012.

Now how long should i wait for a response ? Should i need to find a Solicitor to deal with this ? How much time normally will the caseworker take to respond ? Any ideas ? Can someone pls suggest/advice.

rvk_23 · Post by **rvk_23** » Wed Apr 11, 2012 1:39 pm

Guys ,
Have got a confirmation from UKBA that they would reconsider the case and asked us to send our passports back.

Have sent those today and now the waiting begins ....

thanks for all valuable suggestions ......

rvk_23 · Post by **rvk_23** » Fri May 04, 2012 9:35 am

Guys,

Many thanks for your suggestions. We got our passports back yesterday and ILR is now granted for my wife and daughter. The stamping date states its valid from 13th April.

Cheers.

mpemma · Post by **mpemma** » Tue May 08, 2012 3:37 pm

rvk_23 wrote:Guys,

Many thanks for your suggestions. We got our passports back yesterday and ILR is now granted for my wife and daughter. The stamping date states its valid from 13th April.

Cheers.

hi rvk_23

What document did you submit for your wife's English requirement under FLR m category initially? Life in uk test ? or A1 ?

innocentdevil · Post by **innocentdevil** » Tue May 08, 2012 4:00 pm

i would also ask them to refund your postage fees etc

khalidmirza · Post by **khalidmirza** » Wed May 09, 2012 6:18 am

Moderators, Gurus, and other forum members are great help. If I am not exaggerating, they are better than solicitors, consultants. Thanks to all forum members for helping each others

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Wife and Daughters Settlement Rejected - Help required

Wife and Daughters Settlement Rejected - Help required