Confusion of my wife's visa

tsui0718 · Post by **tsui0718** » Tue Oct 15, 2013 11:03 pm

Hi,

My wife applied a spouse visa at Oct 2011 but has been refused. However in the letter from Home office said " It has been decided that discretion should be exercised in your favour. You have therefore been granted limited to remain in the UK in accordance with the principles set out in the Home office policy instruction on Discretionary leave. You have been granted discretionary leave to remain until 10 November 2014"

Is that mean

1.she has to apply for a new visa once it's expiring on 10 Nov 2014? Or She can apply the settlement for her after 2 years as spouse? ( I have British passport)

2. If she has to apply a new visa what does she needs to prepare? Which form I should use for her extension?

Thank you very much in advance.

tsui0718 · Post by **tsui0718** » Tue Oct 15, 2013 11:10 pm

tsui0718 wrote:Hi,

My wife applied a spouse visa at Oct 2011 but has been refused. However in the letter from Home office said " It has been decided that discretion should be exercised in your favour. You have therefore been granted limited to remain in the UK in accordance with the principles set out in the Home office policy instruction on Discretionary leave. You have been granted discretionary leave to remain until 10 November 2014"

Is that mean

1.she has to apply for a new visa once it's expiring on 10 Nov 2014? Or She can apply the settlement for her after 2 years as spouse? ( I have British passport)

2. If she has to apply a new visa what does she needs to prepare? Which form I should use for her extension?

Thank you very much in advance.

Also If she can apply for settlement in UK which form she should use?

Thanks

Post by **Amber** » Tue Oct 15, 2013 11:28 pm

Assuming she hasn't completed 2 years as a spouse (not DLR) or 10 valid continuous years she'll need to extend on FLR(O) for another 3 years before settling.

tsui0718 · Post by **tsui0718** » Tue Oct 15, 2013 11:31 pm

D4109125 wrote:Assuming she hasn't completed 2 years as a spouse (not DLR) or 10 valid continuous years she'll need to extend on FLR(O) for another 3 years before settling.

Thanks Amber,

We were married on 10 Sept 2011 already. Is that's more than 2 years as spouse?

Post by **Amber** » Tue Oct 15, 2013 11:34 pm

No as DLR is not spouse leave I'm afraid.

tsui0718 · Post by **tsui0718** » Wed Oct 16, 2013 3:09 pm

D4109125 wrote:No as DLR is not spouse leave I'm afraid.

so can she apply for Spouse visa now? or she has to wait until Nov 2014?

Post by **Amber** » Wed Oct 16, 2013 3:15 pm

She'll have to extend DLR on form FLR(O) in 2014 before her leave expires and settle in 2017 on SET(O)after 6 years DLR.

tsui0718 · Post by **tsui0718** » Wed Oct 16, 2013 4:31 pm

D4109125 wrote:Neither, she'll have to extend DLR on form FLR(O) in 2014 before her leave expires and settle in 2017 on SET(O)after 6 years DLR or if 10 years valid and continuous stay is completed before that, on SET(LR).

So that I can be accurate, please state your wife's timeline and status in the UK.

Thanks Amber,

She arrived in UK at 08/06/09, visa tier 4.
Between Oct 2009 to Oct 2011 she applied tier 4 visa extension for 2 times, both were accepted.

we married at sept 2011, applied for spouse visa at oct 2011 and get discretionary leave to remain until Nov 2014.

I saw the home office website, what is FLR(M) form and form DL for?

By the way can she work in uk as a part timer?

thanks

Post by **Amber** » Wed Oct 16, 2013 5:42 pm

D4109125 wrote:She'll have to extend DLR on form FLR(O) in 2014 before her leave expires and settle in 2017 on SET(O)after 6 years DLR.

She should be able to work without restriction and claim public funds.

tsui0718 · Post by **tsui0718** » Sun Oct 20, 2013 2:52 pm

D4109125 wrote:
D4109125 wrote:She'll have to extend DLR on form FLR(O) in 2014 before her leave expires and settle in 2017 on SET(O)after 6 years DLR.
She should be able to work without restriction and claim public funds.

thanks for reply Amber.

Post by **vinny** » Sun Oct 20, 2013 2:59 pm

In Oct 2011, what application did she use and what requirement didn't she fulfil?

Post by **Amber** » Sun Oct 20, 2013 5:45 pm

Also, what was your immigration status in October 2011?

tsui0718 · Post by **tsui0718** » Sun Oct 20, 2013 6:29 pm

vinny wrote:In Oct 2011, what application did she use and what requirement didn't she fulfil?

Hi Vinny,

She was applying for spouse visa in OCT 2011 and home office said she didn't meet the English level A1 ( She sent the B1 certificate which the lawyer said it's fine) But they are doing her a FAVOR for giving discretionary limited leave to remain.

Albert

tsui0718 · Post by **tsui0718** » Sun Oct 20, 2013 6:31 pm

D4109125 wrote:Also, what was your immigration status in October 2011?

Hi Amber,

I am a British citizen before I came to UK. Me and my family applied in Hong Kong before it back to china.

Albert

Post by **Amber** » Sun Oct 20, 2013 6:37 pm

Actually your spouse is on a 6 year route to settlement as opposed to a 2 year spouse route to settlement. They should have accepted the B1 if it had exceeded A1 but if you're happy with DLR then so be it.

tsui0718 · Post by **tsui0718** » Sun Oct 20, 2013 6:43 pm

D4109125 wrote:Actually your spouse is on a 6 year route to settlement as opposed to a 2 year spouse route to settlement. They should have accepted the B1 if it had exceeded A1 but if you're happy with DLR then so be it.

Hi Amber,

Well I am not happy with the DLR but I don't think there is more things I can do, is it correct? The worst thing is I just find out my wife's visa is DLR not spouse because I didn't check the letter initially. Anyway in the letter it's said that I do not have a right to appeal their decision....

Post by **Amber** » Sun Oct 20, 2013 6:51 pm

You could have disputed their decision. However, it's been a long time now.

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Confusion of my wife's visa

Confusion of my wife's visa

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