Ilr Declind

[micky44]

hi guys listen to this one then, my thai wife has just applied at the new peo in sheffield for ILR, we have been married now almost for three years, but have been in the uk on a settement visa for two years, but of the two years we had 5 months out of the uk together traveling around thai and Laos, all our pass port stamps confirm we were together, also when we first came to the uk together june 06 we stayed at my mums for 5 months so have no proof of us cohab together, even though my mum wrote a letter confirming this, my wife has a job passed all the ESOL exams and have documentation for the last 13 months together at our new address, but they have just given us further leave to remain for 12 months £950 ! whwn i said that was quite expensive they said ok have 24 months! surely this can not be right ?finaces are not a problem both mine and my wifes bank accounts show considerably funds. any thoughts would be very welcome. thanks

[the scouser]

It does seem rather harsh. The irony is that if you'd applied by post and paid the lesser fee, the chances are your wife would have got her ILR. Indeed, I'm surprised the PEO accepted the application, as they are only meant to deal with straightforward cases; i.e. where it is apparent from the outset that the applicant is likely to qualify for what s/he wants. Also, I believe it is still the UKBA policy to refund the difference in the application fees in a situation where ILR is sought but only further leave is granted

As they have given your wife an extension, there is no right of appeal. However, it may well be worth making representations to the UKBA asking that the 2 years be substituted for indefinite leave. Before you do this, though, you'll need to know why they came to the decision that they did.

Scouse.

[micky44]

hi scouse thanks for the reply, what the peo said was that we did not have enough sopporting evidence that we had been cohabating for the first 5 months in the uk, as explained we were at my parents, i included a letter from my parents confirming this, then he said 5 months in thailand is not a "holiday" aand how could i prove we were together, i tried to point out as stamps in both our passports matched, ie in to thailand out of thai in to lao out of lao in to thai and back to the uk. this is the third time my wife and i have been to the uk together, the first time she travelled on a tourist visa with me even though we were married. when the peo said he would not give my wife ILR, it is i who said could i have further leave to remain, as i could see £950 being thrown away and any thing was better than nothing !i asked the PEO (WHO WAS ALL OF 19) if i would get a refund becauce of the lesser fee for FLR. he said no !! who can i contact directtly to discuss this do you think becauce the only tel no they give out is for a regional call centre ? do you think you would consider taking this case on or do we just do the two years and re apply. the problem is all i want to do is (with my wife) 6 months thailand 6 months uk, they also said on the phone to me if i was to do that with this flr visa at the end ot the two year visa they would deport my wife becauce she has not abided to the rules of her visa and would have to re apply in thailand for a new settlement visa !! i cant not beleive how they have treated a genuine case, we have lived in thailand together for 2 years with proof, have approx 80k (£) in joint bank account. what do you recomend, sorry if i have come across a shall we say miffed ! cheers michael.

[aka_jack]

I think what you will find is your wife has to stay in the uk so many days a year to qualify for ilr as i checked when my wife got hers, even if you left for holidays elsewhere "together" she could still only have so many days out of the uk, to be eligible! strange but i think this is the rule which is probaly why she got refused.