Wife Refused Extention Visa In Uk

[mariner29]

She must return to Thailand and apply for the correct visa asap.

[Brigante7]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

I don't think you do yourself any favours waving your good fortune in the face of someone less fortunate. Yes, he made a mistake, but he is paying for it now with his current difficulties. He doesn't need you showing off and bragging at him to make him feel worse.

Not bragging about anything ,,,,,,,,,not had good fortune either ,,,,,,,,,,just played the game by the rules and got the result,,,,,,,,,,to be honest the original post is so naieve I doubt vey much it is even the case ,,,,,, why would anyone go through all the expense of getting a visitor visa for his wife , plane ticket etc ,, knowing full well in 6 months he would have to pay for her to go back then go through it all again ? Did he really think you could shortcut the system by getting her here , then getting the UKBA to feel sorry for him and waive her by ?

The point I am making is for other people reading this example who mabe thinking about cutting corners , it shows you in the long run the correct way to go,, and yes also it is bloody expensive , the whole thing is even when she is here ,, you still have at least 2 trips to the UKBA at Croydon to pay for Bio ID cards etc ,, UK test second version ,, ( which the government is currently raking in over 2 million a year from ) etc , my point is anyone thinking of doing it make sure you got enough of the folding stuff before you set off .

As for the OP I have no beef with him ,, if I had my way the fact that they are legally married they should be allowed to stay here without any of this crap , as we all should ,, as he states he pays his way and she cannot claim any benefits anyway,, if the government here removed the garbage from the UK that should not be here then this problem would not arise ,, as usual they are targeting easy people.

Sorry everybody but I have to agree with nigelandjan, it took 7 months for my g/f to get a visa to the UK and it was a fiance visa, she was refused a tourist visa twice. While it was hard to be apart for so long (I couldn't go back to Thailand due to work) we wanted to do everything by the book so my wife was 100% legal in the UK, sure it wasn't cheap or easy (Still isn't).

Brigante7.

[CharlieB]

Sorry everybody but I have to agree with nigelandjan, it took 7 months for my g/f to get a visa to the UK and it was a fiance visa, she was refused a tourist visa twice. While it was hard to be apart for so long (I couldn't go back to Thailand due to work) we wanted to do everything by the book so my wife was 100% legal in the UK, sure it wasn't cheap or easy (Still isn't).

Brigante7.

I think most of what he wrote is fine, but I object to this part of his post, "we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic", which I feel is kicking a man while he's down. This guy is obviously struggling to scrape together the cash for his wife to return to BKK and get a visa and doesn't need someone in a better position writing how great his life is.

[FRM-BKK]

Would a visit to the OP's Local Citizens Advice Bureau be of any help? Not to fight or argue what has happened so far with the IAS, but in finding a solution for funding his wife's return ticket to Thailand. This is clearly a financial issue.

Another options is for him to make contact with his local Member of Parliament. Maybe the MP's interest in the case might help in gaining access to funds or other solutions to resolve this, or help smoothing it along?

As stated in many other posts; it seems that a return to Thailand is the only option.

Frm-Bkk

[mariner29]

The sooner she returns to her host country the better and once she has the correct visa she can return with no issues.

We all realise how expensive it is however these are the rules.

Good luck.

[CharlieB]

Would a visit to the OP's Local Citizens Advice Bureau be of any help? Not to fight or argue what has happened so far with the IAS, but in finding a solution for funding his wife's return ticket to Thailand. This is clearly a financial issue.

Another options is for him to make contact with his local Member of Parliament. Maybe the MP's interest in the case might help in gaining access to funds or other solutions to resolve this, or help smoothing it along?

As stated in many other posts; it seems that a return to Thailand is the only option.

Frm-Bkk

He only has a few weeks before she is overstaying. I don't think he can realistically expect anything but a negative outcome from any appealing. He needs to follow the correct procedure. He has to decide whether to risk her overstaying and work to get the cash together, or borrow and get her back and in the visa process now.

[paully]

She must return to Thailand and apply for the correct visa asap.

Mariner's absolutely right - no need to say more. Writing or 'appealing' further to anyone in the UK is simply a waste of time. Sorry, Hard, but there it is.

[spongeman]

I had my wife in the UK on a Settlement Visa. I then decided to use my Irish ancestry and change her status to that of a spouse, married to an EU Citizen working and living in the UK. We initially got told by Croydon that she would have to leave the UK. I argued the point with them (with a lot of help from TheScouser) and she never did have to leave. They granted her the change, whilst she was in the UK.

Was I just lucky? Or is it different, changing her status from a Settlement Visa, than from a Visit Visa?

hardtimes, as steve187 says, can you get access to some form of EU ancestry by descent? Southern Irish, French, German, Spanish etc.

That is a very interesting point. In Ireland you d'ont have to prove a long - lasting relationship or do any tests (as in the Uk). A marriage certificate and proof of some form of financial stability from myself was enough. Although as with the UK, you cannot change your visa status within the country.

[hardtimes]

Hi sorry to hear the news. the only help I can offer is :- are you able to obtain a passport from another eu country. and secondly there is a cheap flight from stanstead to kuala lumpur by air asia x if all else fails

Thanks for the tip. gratefully received

[samran]

Hi sorry to hear the news. the only help I can offer is :- are you able to obtain a passport from another eu country. and secondly there is a cheap flight from stanstead to kuala lumpur by air asia x if all else fails

Thanks for the tip. gratefully received

and speak to The Scouser, local resident immigration specialist/expert/guru sponsor and top quality bloke.

[7by7]

I simply cannot understand why the IAS advised her to apply in the UK; anyone with even the slightest knowledge of the rules would know that it is impossibloe to do this if in the UK as a visitor! (BTW, the IAS is an independant charity; it is not connected to any government department.) The UKBIA are duty bound to consider any and all applications submitted to them, for which they legally must charge the appropriate fee; it is not their fault that this application was bound to be refused.

Even if the OP can use any dual nationality/Irish ancestry he may have so his wife can apply via the EEA route, she would still have to return to Thailand to make such an application.

There is no alternative; she has to return to Thailand.

[Lickey]

Hi Hardtimes,

Perhaps this site will be of help to you, its all about legal Aid, http://www.foreignersinuk.co.uk/guides-hav...r_visa_151.html i understand she hasnt overstayed yet, but reading this site might give you some hope beforehand,

All the best, Lickey..

[Eff1n2ret]

(BTW, the IAS is an independant charity; it is not connected to any government department.)

IAS may operate as an independent charity, but its money comes from the taxpayer via Legal Aid Contracts in England and Wales and direct government funding in Scotland. (Look up their published accounts). In some cases they make a charge where the applicant does not qualify for legal aid.

[7by7]

True, but the point being that the IAS is not part of the government. The UKBIA, nor any other government department, cannot be held responsible for any advice, good or bad, given by the IAS.

[Thongkorn]

On her passport , because she has a Holiday visa , it will say NO recourse to public funds she will not get any legal aid , and she is not able to use public amenities , IE hospitals schools library's, Pleading hard ship Will only go against you , Because you have already stated on your visa application you have sufficient funds to sustain her visit.You only have one course of action and that is, she has to go back and apply from Thailand , also there is awaiting list now of about 3 months for settlement visas, Wish you well mate only hope i could help you.

[hardtimes]

On her passport , because she has a Holiday visa , it will say NO recourse to public funds she will not get any legal aid , and she is not able to use public amenities , IE hospitals schools library's, Pleading hard ship Will only go against you , Because you have already stated on your visa application you have sufficient funds to sustain her visit.You only have one course of action and that is, she has to go back and apply from Thailand , also there is awaiting list now of about 3 months for settlement visas, Wish you well mate only hope i could help you.

Hi, Thanks everyone for your help. I have now managed to get some money together, have borrowed it, anyway so would like some more help if that is OK with you all.

1) For the application I notice that a TB examination is required, but one thing i can not get answers to is this question.

Can I get the xray done here in England, is it except able to the visa application office in Thailand.

2) would love any further advice for evey thing i need to send back with my wife that would help the application.

Regards

Sean

[spongeman]

Good man. Best of luck to you and your wife.

[CharlieB]

On her passport , because she has a Holiday visa , it will say NO recourse to public funds she will not get any legal aid , and she is not able to use public amenities , IE hospitals schools library's, Pleading hard ship Will only go against you , Because you have already stated on your visa application you have sufficient funds to sustain her visit.You only have one course of action and that is, she has to go back and apply from Thailand , also there is awaiting list now of about 3 months for settlement visas, Wish you well mate only hope i could help you.

Hi, Thanks everyone for your help. I have now managed to get some money together, have borrowed it, anyway so would like some more help if that is OK with you all.

1) For the application I notice that a TB examination is required, but one thing i can not get answers to is this question.

Can I get the xray done here in England, is it except able to the visa application office in Thailand.

2) would love any further advice for evey thing i need to send back with my wife that would help the application.

Regards

Sean

No, you have to register with the IOM and pay a fee. You will then be given a choice of 2 hospitals. You then have to return with the x-ray to the IOM. A doctor will check the x-ray again and give you a certificate. It's this certificate from the IOM that goes in with your visa pplication. Do a search and there was a thread which will have all of the info you need from a couple of months back.

BTW congratulations on getting the cash together. Hope everything goes smoothly for you from now on. When are you going back to BKK?

Edited May 6, 2009 by CharlieB

[CharlieB]

On her passport , because she has a Holiday visa , it will say NO recourse to public funds she will not get any legal aid , and she is not able to use public amenities , IE hospitals schools library's, Pleading hard ship Will only go against you , Because you have already stated on your visa application you have sufficient funds to sustain her visit.You only have one course of action and that is, she has to go back and apply from Thailand , also there is awaiting list now of about 3 months for settlement visas, Wish you well mate only hope i could help you.

Hi, Thanks everyone for your help. I have now managed to get some money together, have borrowed it, anyway so would like some more help if that is OK with you all.

1) For the application I notice that a TB examination is required, but one thing i can not get answers to is this question.

Can I get the xray done here in England, is it except able to the visa application office in Thailand.

2) would love any further advice for evey thing i need to send back with my wife that would help the application.

Regards

Sean

TB Thread is HERE

TB info on VFS site is HERE

[hardtimes]

On her passport , because she has a Holiday visa , it will say NO recourse to public funds she will not get any legal aid , and she is not able to use public amenities , IE hospitals schools library's, Pleading hard ship Will only go against you , Because you have already stated on your visa application you have sufficient funds to sustain her visit.You only have one course of action and that is, she has to go back and apply from Thailand , also there is awaiting list now of about 3 months for settlement visas, Wish you well mate only hope i could help you.

Hi, Thanks everyone for your help. I have now managed to get some money together, have borrowed it, anyway so would like some more help if that is OK with you all.

1) For the application I notice that a TB examination is required, but one thing i can not get answers to is this question.

Can I get the xray done here in England, is it except able to the visa application office in Thailand.

2) would love any further advice for evey thing i need to send back with my wife that would help the application.

Regards

Sean

No, you have to register with the IOM and pay a fee. You will then be given a choice of 2 hospitals. You then have to return with the x-ray to the IOM. A doctor will check the x-ray again and give you a certificate. It's this certificate from the IOM that goes in with your visa pplication. Do a search and there was a thread which will have all of the info you need from a couple of months back.

BTW congratulations on getting the cash together. Hope everything goes smoothly for you from now on. When are you going back to BKK?

Think she will be heading back on the 18th of this month.

[hardtimes]

On her passport , because she has a Holiday visa , it will say NO recourse to public funds she will not get any legal aid , and she is not able to use public amenities , IE hospitals schools library's, Pleading hard ship Will only go against you , Because you have already stated on your visa application you have sufficient funds to sustain her visit.You only have one course of action and that is, she has to go back and apply from Thailand , also there is awaiting list now of about 3 months for settlement visas, Wish you well mate only hope i could help you.

Hi, Thanks everyone for your help. I have now managed to get some money together, have borrowed it, anyway so would like some more help if that is OK with you all.

1) For the application I notice that a TB examination is required, but one thing i can not get answers to is this question.

Can I get the xray done here in England, is it except able to the visa application office in Thailand.

2) would love any further advice for evey thing i need to send back with my wife that would help the application.

Regards

Sean

TB Thread is HERE

TB info on VFS site is HERE

Last week I sent out 4 letters of complaint, not because we had been refused a visa, but because our application should never have left the desk. I got a polite call back today from the Uk Border Agency explaioning that, it was not their fault that they received an application that would never succeed, and because an agent had looked at our application then our 450 pounds was lost, and could not be refunded.

So ok, the IAS should never have advised us to put in the application, not only did they do that they filled in the paper work with us. now they are not excepting the responserbility of telling me to take an action, which the uk border agency told me they would atomatically know was wrong. So what am I sopossed to do now, just let it ride, this idiot gave me a bum direction cost me my wifes flight which now ran out, and 450 pounds fee and 100 pounds travel fees to the bio metric centre.

All I am saying is I went to these people to ask, what were our options to stay in england, and we were told we could not apply for a spousal visa from England (correct) but we could apply for a 2 year extention (wrong)

Now I don't know who I can complain to, seems there is no recourse for bad advise.

[CharlieB]

On her passport , because she has a Holiday visa , it will say NO recourse to public funds she will not get any legal aid , and she is not able to use public amenities , IE hospitals schools library's, Pleading hard ship Will only go against you , Because you have already stated on your visa application you have sufficient funds to sustain her visit.You only have one course of action and that is, she has to go back and apply from Thailand , also there is awaiting list now of about 3 months for settlement visas, Wish you well mate only hope i could help you.

Hi, Thanks everyone for your help. I have now managed to get some money together, have borrowed it, anyway so would like some more help if that is OK with you all.

1) For the application I notice that a TB examination is required, but one thing i can not get answers to is this question.

Can I get the xray done here in England, is it except able to the visa application office in Thailand.

2) would love any further advice for evey thing i need to send back with my wife that would help the application.

Regards

Sean

TB Thread is HERE

TB info on VFS site is HERE

Last week I sent out 4 letters of complaint, not because we had been refused a visa, but because our application should never have left the desk. I got a polite call back today from the Uk Border Agency explaioning that, it was not their fault that they received an application that would never succeed, and because an agent had looked at our application then our 450 pounds was lost, and could not be refunded.

So ok, the IAS should never have advised us to put in the application, not only did they do that they filled in the paper work with us. now they are not excepting the responserbility of telling me to take an action, which the uk border agency told me they would atomatically know was wrong. So what am I sopossed to do now, just let it ride, this idiot gave me a bum direction cost me my wifes flight which now ran out, and 450 pounds fee and 100 pounds travel fees to the bio metric centre.

All I am saying is I went to these people to ask, what were our options to stay in england, and we were told we could not apply for a spousal visa from England (correct) but we could apply for a 2 year extention (wrong)

Now I don't know who I can complain to, seems there is no recourse for bad advise.

Do you have any written evidence of them advising you that you should put the application in to the BIA? If you have anything written down which has them advising you to go ahead and apply, then you could be on to a winner. If you have strong evidence that you were advised wrongly, I'd saygo over to the small claims court website and make a claim.

[dee123]

All I can add is that the visa process can be complicated and frequently changes.My sympathy goes to you and all genuine applicants who only want to be with loved ones.IAS did help me through an appeal some years back.The Home office original decision was unreasonable according to the judge at my appeal,had it gone the other way I don't know what I'd done.

Edited May 7, 2009 by dee123

[Eff1n2ret]

Do you have any written evidence of them advising you that you should put the application in to the BIA? If you have anything written down which has them advising you to go ahead and apply, then you could be on to a winner. If you have strong evidence that you were advised wrongly, I'd saygo over to the small claims court website and make a claim.

My understanding is that IAS have to act like any other legal advisor and issue a "client care" letter before they proceed, detailing what they have been instructed to do, and their fees (if any). The OP should read all the paperwork they gave him, including all the small print, before he takes any action. There appears to have been some failure of communication by IAS or of understanding by the OP, because if he clearly understood that they couldn't make an application for LTR as a spouse, it's not clear on what grounds he thought they were applying for a 2-year "extension". I can't believe that IAS told him they could extend her visit visa by 2 years. Didn't he keep a copy of the application? What does it say?

[7by7]

I wonder what the OP actually asked the IAS.

What I mean is, if he said "My fiance has a 6 month visa, how can she extend it?" the advisor he saw may have thought he was talking about a fiance visa, not a visit visa.

Pure conjecture on my part, of course, and it doesn't excuse the IAS as they should have checked her visa to determine her actual status in the UK for themselves before giving any advice.

[the scouser]

As 'Effin Tourette says, have a look at the client care letter with which the IAS will have issued you. That essentially forms the basis of the contract and states any intial advice given.

I'll bet my bottom dollar that it states that the client was told that the Immigration Rules state that such an application is bound to fail, but that there is nothing preventing an in-country application being made on the basis of exceptional circumstances, although any grant of permission to stay will be solely at the discretion of the Secretary of State. If there is no client care letter, then there's no contract.

[Tango7]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

I don't think you do yourself any favours waving your good fortune in the face of someone less fortunate. Yes, he made a mistake, but he is paying for it now with his current difficulties. He doesn't need you showing off and bragging at him to make him feel worse.

Not bragging about anything ,,,,,,,,,not had good fortune either ,,,,,,,,,,just played the game by the rules and got the result,,,,,,,,,,to be honest the original post is so naieve I doubt vey much it is even the case ,,,,,, why would anyone go through all the expense of getting a visitor visa for his wife , plane ticket etc ,, knowing full well in 6 months he would have to pay for her to go back then go through it all again ? Did he really think you could shortcut the system by getting her here , then getting the UKBA to feel sorry for him and waive her by ?

The point I am making is for other people reading this example who mabe thinking about cutting corners , it shows you in the long run the correct way to go,, and yes also it is bloody expensive , the whole thing is even when she is here ,, you still have at least 2 trips to the UKBA at Croydon to pay for Bio ID cards etc ,, UK test second version ,, ( which the government is currently raking in over 2 million a year from ) etc , my point is anyone thinking of doing it make sure you got enough of the folding stuff before you set off .

As for the OP I have no beef with him ,, if I had my way the fact that they are legally married they should be allowed to stay here without any of this crap , as we all should ,, as he states he pays his way and she cannot claim any benefits anyway,, if the government here removed the garbage from the UK that should not be here then this problem would not arise ,, as usual they are targeting easy people.

There are more tactile means of getting your point across.

Whilst I agree the OP has not done the correct thing, he also knows it and now seeks a way out. Bragging about where you went on holiday, your assumptions as to his mortgage rate and how well liked your wife is shows you are unable to stay on topic or provide assistance in a mature and effective manner. So, best not post at all.

OP: good luck, but work evening shifts in pubs, meat packing factories and so on; anything to get some cash together and then send her back and apply properly. It's a short term discomfort for a long term fix and also save as much as possible for when you do apply. If you have no full-time job, you'll need to show savings and that could be aound 12,000 pounds. There are other criteria but cash and financial stability will be a major factor.

It seems like pie in the sky hopes, but I really think very hard graft will get you there even if it means sleeping 5 hours a day for a few months. It's all down to how badly you want something.

Good luck with it and aim at positive moves rather then getting yourself bent out of shape with worry.

[hardtimes]

As 'Effin Tourette says, have a look at the client care letter with which the IAS will have issued you. That essentially forms the basis of the contract and states any intial advice given.

I'll bet my bottom dollar that it states that the client was told that the Immigration Rules state that such an application is bound to fail, but that there is nothing preventing an in-country application being made on the basis of exceptional circumstances, although any grant of permission to stay will be solely at the discretion of the Secretary of State. If there is no client care letter, then there's no contract.

Hi

Believe it or not we never received such a letter, and not only did the IAS adviser know we were on a holiday visa (as I pointed it out strongly) As stated before he said we could not apply for a spousal visa, but we could apply for extension of two years, that we had a 99% chance of succeeding, he told me he could see no problem. This is not in any way a racist thing, but the guy dealing with me was west african (I think) and makes me wonder how much he knows about immigration law in the UK.

Every one here keeps saying I did a wrong thing, our intentions not to stay in england origanally were genuine, then when we changed our minds we went to the IAS for advise as to how to stay.

[Eff1n2ret]

As 'Effin Tourette says, have a look at the client care letter with which the IAS will have issued you. That essentially forms the basis of the contract and states any intial advice given.

I'll bet my bottom dollar that it states that the client was told that the Immigration Rules state that such an application is bound to fail, but that there is nothing preventing an in-country application being made on the basis of exceptional circumstances, although any grant of permission to stay will be solely at the discretion of the Secretary of State. If there is no client care letter, then there's no contract.

Hi

Believe it or not we never received such a letter, and not only did the IAS adviser know we were on a holiday visa (as I pointed it out strongly) As stated before he said we could not apply for a spousal visa, but we could apply for extension of two years, that we had a 99% chance of succeeding, he told me he could see no problem. This is not in any way a racist thing, but the guy dealing with me was west african (I think) and makes me wonder how much he knows about immigration law in the UK.

Every one here keeps saying I did a wrong thing, our intentions not to stay in england origanally were genuine, then when we changed our minds we went to the IAS for advise as to how to stay.

Well, there's something fishy here.

If you google OISC, it takes you to the website of the Office of Immigration Services Commissioners, and they say this regarding complaints:-

"If you think your immigration adviser has given you poor advice or an inadequate service, you can complain to the Office of the Immigration Services Commissioner (OISC). You can complain about any adviser solicitor, barrister, OISC regulated adviser or unregulated person - even if you didn't find them through the OISC. The OISC can accept complaints from anyone whether or not they received the immigration advice or services themselves. We work to make sure that all advisers give good advice and we take all complaints seriously."

If you can get them to uphold your complaint I don't know whether that would enable you to claim compensation or sue IAS, but even if it doesn't, IAS should be called to account.

Good luck

[hardtimes]

As 'Effin Tourette says, have a look at the client care letter with which the IAS will have issued you. That essentially forms the basis of the contract and states any intial advice given.

I'll bet my bottom dollar that it states that the client was told that the Immigration Rules state that such an application is bound to fail, but that there is nothing preventing an in-country application being made on the basis of exceptional circumstances, although any grant of permission to stay will be solely at the discretion of the Secretary of State. If there is no client care letter, then there's no contract.

Hi

Believe it or not we never received such a letter, and not only did the IAS adviser know we were on a holiday visa (as I pointed it out strongly) As stated before he said we could not apply for a spousal visa, but we could apply for extension of two years, that we had a 99% chance of succeeding, he told me he could see no problem. This is not in any way a racist thing, but the guy dealing with me was west african (I think) and makes me wonder how much he knows about immigration law in the UK.

Every one here keeps saying I did a wrong thing, our intentions not to stay in england origanally were genuine, then when we changed our minds we went to the IAS for advise as to how to stay.

Well, there's something fishy here.

If you google OISC, it takes you to the website of the Office of Immigration Services Commissioners, and they say this regarding complaints:-

"If you think your immigration adviser has given you poor advice or an inadequate service, you can complain to the Office of the Immigration Services Commissioner (OISC). You can complain about any adviser solicitor, barrister, OISC regulated adviser or unregulated person - even if you didn't find them through the OISC. The OISC can accept complaints from anyone whether or not they received the immigration advice or services themselves. We work to make sure that all advisers give good advice and we take all complaints seriously."

If you can get them to uphold your complaint I don't know whether that would enable you to claim compensation or sue IAS, but even if it doesn't, IAS should be called to account.

Good luck

Hi

If you read further down on the OISC website it list what they can not help you with, one of them being getting a refund or compensation.