URGENT HELP REQUIRED PLEASE!!

[Amie_3690]

Few months back I applied for FLR Fee waiver application to buy some time, which was rejected after 8 months due to sufficient funds available in my account, at that time I had 10 working days to make a new immigration application, but as my partner's Tier 2 visa is still in processing my solicitor advised to go for 2nd fee waiver application, I did and recently my partner got his visa approved, now I want to vary my fee waiver application to partner visa application as solicitor advised, but after going through few websites and speaking to few solicitors, some said fee waiver application can't be varied whereas few said it can be varied, which put me in dilemma. While my 2nd fee waiver is yet to be decided, I got my ECS check done by ER, which came out Negative!! (assuming due to not giving biometrics).Right now I really don't know how to take this forward, can any of the experts let me know what options I have at the moment please? Also can I vary my fee waiver application to partner visa at all? Please help!!

[Ticktack]

Few months back I applied for FLR Fee waiver application to buy some time, which was rejected after 8 months due to sufficient funds available in my account, at that time I had 10 working days to make a new immigration application, but as my partner's Tier 2 visa is still in processing my solicitor advised to go for 2nd fee waiver application, I did and recently my partner got his visa approved, now I want to vary my fee waiver application to partner visa application as solicitor advised, but after going through few websites and speaking to few solicitors, some said fee waiver application can't be varied whereas few said it can be varied, which put me in dilemma. While my 2nd fee waiver is yet to be decided, I got my ECS check done by ER, which came out Negative!! (assuming due to not giving biometrics).Right now I really don't know how to take this forward, can any of the experts let me know what options I have at the moment please? Also can I vary my fee waiver application to partner visa at all? Please help!!

Fee waiver isn't an immigration application, so it cannot be varied. Fee waiver is a prerequisite to make an application, because fees have to be made for the application.
If you already had sufficient funds, you should have made a dependent application on you partner. Your application would have been decided alongside his.
Unfortunately, you've tied yourself up in a knot now and it could be costly for you.
If your visa has expired, you might have problems working legally and that's only a start to a tsunami.

[Amie_3690]

Hi @ticktack,

Thanks for your response. I thought to apply as dependent but my partner's visa wasn't still decided yet, we even paid for priority service to get the decision in 1 week, but after 4 months we heard approval last week. So for that reason solicitor advised me to go for 2nd fee waiver to buy few more months, as my partner's visa was still pending. I was told if I get normal rejection, then I can make a new immigration application for partner visa, but not advised of these situations at all. I have no clue this would lead to ECS negative putting me in worse situation! After going through all the websites in regard to this fee waiver, I'm worried if my 2nd application would be rejected normally or would lead to any further consequences!

[CR001]

You should have applied for the dependent visa before your visa expired, even if your partners visa was still pending.

Your application would simply have be put on hold until partner visa decision made, but you have would have had legal stay under section 3c.

When did your last visa expire?

[Amie_3690]

Hi @CR001,

Thanks for your response. You're right, I should have applied for partner visa, I'm deeply regretting for not doing that. I only thought my situation or application shouldn't impact my partner's visa processing in any way. Do I have any other options now? I really don't wanna follow solicitor's advise straight away and put myself in more worse situation again!

My Graduate visa expired on around September 2023, I applied for fee waiver before expiry of GR visa, and heard my 1st rejection in April 2024, within 10 days, I made another fee waiver and after that when ER checked again for ECS, it turned negative! It was positive during my 1st fee waiver. Don't know what steps I have to take from here. Please HELP.

[Frontier Mole]

Since the decision not to grant the first fee waiver you have been in the U.K. without leave. You have gone beyond the 14 days period concession allowed after the expiry of leave so it is highly unlikely you will be granted a dependent visa in country.

I may be advisable to return to your home country and apply from there.

[Amie_3690]

Hi
I had my ECS checked again by my solicitor as he believed negative outcome must be due to an error and received a positive response this time, with right to work for 6 more months! I mailed back my Employer to appeal against the Termination decision of my job, and requesting them to do another ECS check for their reference. Now that I got 6 more months, can I withdraw my application and make a fresh dependent visa application or do I have to wait till I hear the outcome of my pending fee waiver and drop new immigration then? I'm clueless right now, my solicitor is advising to vary fee waiver application to dependent but I can see few websites saying it's invalid, but few are saying that it can be done. Please help! Thank you all for your support during my tough phase.