Wifes Ilr In Uk Refused

[apetley]

Hi, I would be very grateful for some helpful advice please.

I live in the UK with my Thai wife.

She is here on a 2 year settlement visa.

Visa was granted 9th June 2003 and expires 9th June 2005.

My wife arrived in the UK 19th July 2003.

Her ILR has just been refused on the grounds that the Secretary of State is not satisfied she has completed 2 years in the UK.

Before I completed the application I phoned Croydon and they said apply a month before the visa runs out.

Do they now expect her to apply 1 month before 19th July 2005? That would be after her visa expires!

The refusal says that she has no right of appeal.

Does that mean we kiss goodbye to the £335 application fee? I will be very p1ssed off if that is the case!

Can anyone advise as to what options my wife has regards reapplying and the application fee.

Thanks in advance, Andy.

Scouser, are you reading?

[samran]

Sorry to hear the story.

I know the Home Office are pretty strict about the 2 year rule unfortunatley, and the official guidance says not to bother applying until one month before you are eligible for ILR, as you will will likely be refused. I think the rules as they stand give the visa officer very little discretion in the matter.

My guess is that you will have to have to extend the settlement visa, not sure what this costs, and then re-apply, and yes, repay the applicaton fee. I am in the same boat of having to cough up £335 next month too, after already paying £350 last year for my first entry visa for my wife and myself.

I am sure The Scouser will shortly read this email and offer some more guidance.

[Monkeypants]

Hi, I would be very grateful for some helpful advice please.

I live in the UK with my Thai wife.

She is here on a 2 year settlement visa.

Visa was granted 9th June 2003 and expires 9th June 2005.

My wife arrived in the UK 19th July 2003.

Her ILR has just been refused on the grounds that the Secretary of State is not satisfied she has completed 2 years in the UK.

Before I completed the application I phoned Croydon and they said apply a month before the visa runs out.

Do they now expect her to apply 1 month before 19th July 2005? That would be after her visa expires!

The refusal says that she has no right of appeal.

Does that mean we kiss goodbye to the £335 application fee? I will be very p1ssed off if that is the case!

Can anyone advise as to what options my wife has regards reapplying and the application fee.

Thanks in advance, Andy.

Scouser, are you reading?

<{POST_SNAPBACK}>

Sounds to me that she has been refused purely on admistration rather than any other reason. She can apply for the ILR aprox 1 month before this is due.

Seems to me that if that had occured she could be in breach of her current visa and therefor technically not here legally.

I would suggest that you write to Croydon explaining the situation and they may help you with the fee, but don't count on it

Monkey pants

Edited May 21, 2005 by Monkeypants

[the scouser]

Whatever you do make sure your next application is received at the Home Office by 9 June. If it arrives after this date then it will be classed as "out of time" and, should it be refused, will not attract a right of appeal.

I presume that you applied before 9 May and that this is the sole reason why they've refused the application. If they've given you a right of appeal, which they should have done, you can lodge the appeal and put your case to the adjudicator. Whilst this process is ongoing your wife would not be classed as being illegally in the UK as, in law, her conditions would be notionally extended until such a time as the appeal is determined.

The only other alternative, I'm afraid, is to make another application and it would appear that you can kiss goodbye to your initial £335. It does seem to me, however, that the decision is frivolous and purely a money-making exercise, so perhaps a word to your MP or lawyer might get you a refund.

Also, you wife will now be circulated on the Immigration Service's warning index which means that when her passport is swiped by immigration at a UK airport, up she''ll pop. On the understanding that she will get her ILR, she would face no risk of being refused entry but there could be a delay whilst the IO determines why she's on their system. Therefore, when you ultimately get the ILR, make sure you write to them asking for her details to be removed from the warning index computer.

Best of luck,

Scouse.

[the scouser]

Andy,

Having re-read your post it now strikes me that you did, in fact, apply after 9 May. If this is so, it makes the decision even more outrageous and I think a letter to the Home Office highlighting this is necessary. But make sure that you formally appeal too, so that come 10 June your wife is not classed as an overstayer.

Scouse.

[apetley]

Thanks for all the replies, I appreciate your help.

[welshchris]

Just wandering myself, my wifes visa started on May 1st 2005 but we arnt arriving in UK until May 24th, so does that mean we can apply for ILR from May 1st 2007 or May 24th?

If its May 24th does that mean we have to get extension to her 2 year wife visa? is that even possible?

Thanks

Chris

[the scouser]

Chris,

As apetley said, the general principle is that you can apply for the ILR after 1 year and 11 months of having been in the UK, so your wife should not fall into the same catch 22 as she'll be able to make her application on 24 April 2007. Make sure that you send a postal application by recorded delivery as, in the event that the Home Office loses it, this will be your only proof that it was made and was "in time".

It is possible to extend the 2-year conditions but you still have to pay for this.

Scouse.

[Morgan]

Think you will find that the visa starts on your wifes date of entry to U.K. Thats to say visia granted 9 June 2003. Visa activated 19 July 2003 visia end 19 July 2005. Think they are taking the #### should have returned the fee.

[apetley]

Think you will find that the visa starts on your wifes date of entry to U.K. Thats to say visia granted 9 June 2003. Visa activated 19 July 2003 visia end 19 July 2005. Think they are taking the ####  should have returned the fee.

<{POST_SNAPBACK}>

Can't agree more about returning the fee, daylight robbery in my opinion.

If we had made the application in person at Croydon they would not have taken the fee, just told us that we were there too early and would have to apply at a later date.

Why the h3ll couldn't they have returned my application saying just that?

Easy money!

[apetley]

Hello again.

Here's an update of Nichapats ILR application.

She reapplyed at the end of June, recieved and acknowledged by IND 28/6/05.

Today she got her passport with residence permit and documents back.

Such a relief and quite quick from what I hear for a postal application.

One gripe, we did have to pay a second application fee despite the 1st application being submitted after receiving bad advice form IND and despite a covering letter stating why the 1st application was submitted when it was.

Has anyone any advice as to the best way to appeal having to pay twice? An extra £335 is not peanuts and would sit alot better in my own bank account rather that the Home Offices.

Thanks again for all the input in this forum, it is really appreciated by both Nichapat and myself.

Scouser, thanks again for your advice and help in this matter. It's great that you spare the time to contribute so much, Andy.

[samran]

Just should report as well that my FLR application was approved too. Get another 3 years here in Blightly and to save some more £££, but to be honest, missing LOS!

[the scouser]

Hi Andy,

Congratulations on the ILR, but I'm afraid I'm not sure about how to get your money back. The phrase "blood out of a stone" springs to mind. A first possible step, though, could be just to write to the group that granted your wife's ILR and they can forward the request to the office that deals with refunds (if they have one!).

Cheers,

Scouse.

[Vulture]

Well its surely worth a follow up letter. If you go to the IND website it has a complaints section. I think you make a good point in your original post of would they have accepted monies if you had applied in person. Maybe put that exact question to the complaints section for an answer.

Maybe also go back to the original phone records of your call to croyden and send them a copy. At least that proves you did telephone them. If it also corresponds closely with the original dated application it may help to remind them so.

[Boo]

nice one samran, how are you & the missus finding the UK these days, chilly isn't it? ")

[samran]

nice one samran, how are you & the missus finding the UK these days, chilly isn't it? ")

<{POST_SNAPBACK}>

2.5 weeks of warm weather....more than I have expected to be honest.

Actually, its been not too bad, but wifey and I both know where we'd rather be. In the mean time, enjoying the GBP, the long days, and the proximity of Europe. Scotland and the US earlier this year. Paris last weekend, and Switzerland for 10 days shortly.