Refused in spouse visa (was it temporary admission status??)

[Tiger2410]

Please, can anyone help me. The situation is a complete mess. I have no clue what to do now:(

The story is very long but will try to be short : when I entered the country on my tier 4 student visa I have been refused (even though my visa was still valid for three more months) at that time my studying course had been finished.
At the border I've mentioned that I'm going to continue studying (I had a prove of booked exam) as well as merry my fiancé. But they decided to cancel my visa as they believed it was a changing of my circumstances.
They gave my a right to appeal from inside the country, so this is what I did. Meanwhile we got married and applied for a spouse visa (and withdrew the appeal).

I've got refused in a spouse visa as they say that according to the law you can't swop from temporary admission to spouse visa. But my solicitor says that in my case it wasn't a temporary admission status. She says that as we lodged an appeal I kept having the same allowance as I had with my student visa.

Is that true or not?

I need to make it clear now as now we need to chose the rut we are gonna go ....either me go back to my country and apply from there for an entry clearance or go for a justice review (try to prove that in the Home Office they've made a mistake.

Please, we are really disparate with my husband for any help.



Thanks in advance!

[Obie]

Why on earth did the lawyer advise you to withdraw your appeal.

When you entered, your leave was curtailed, you were given a right to appeal that decision.

You could have proceeded with your appeal and then get married and at the appeal get the judge to cancel the curtailment decision and look at your rights as a spouse and allow your appeal under article 8.

By withdrawing the appeal, you essentially agreed to the curtailment.

The solicitor is mixing things up.

The Secretary of State made an immediate curtailment decision, and allowed you entry under temporary admission.

Section 3D appears to be applicable, but when you withdrew your application, you appeared to have got yourself into the default position of Temporary admission.

You are no longer afforded the protection under section 3D as you have withdrawn your appeal.


It was wholly irresponsible of your lawyer to advise you to do that.

[Tiger2410]

Hi there! Thanks a lot for the quick response.

Surely the issue is what my status was at the time the application for the spouse visa was made. Since we applied for the spouse visa before the solicitor withdrew the appeal then it could not have been a temporary admission?


Many thanks!!