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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I deperately need some advice regarding my immigration status.

Resolved Question:

I deperately need some advice regarding my immigration status. My visa has already expired and it has been refused twice because I did not get the points for the maintenance funds. My husband has been living in UK for more than 9 years and I have been in this country for 8 years. I've got 2 sons. are my chances to apply under another category with a higher probability of it not being refused?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.

Hi,

 

What type of Visa Did you apply for?

 

What type of Visa does your husband have?

 

How long have you been in the UK?

 

Many thanks,

Customer: replied 4 years ago.

Hi,

I have applied under the Point-Based system, the post-study work permit. It is a transitional from my previous visa. My husband is a dependant on my visa. He came to the UK in 2000 as a student himself and I came to join him in 2001 as his dependant. In 2006, I swapped from being his dependant to being a student myself when I went to university to do a PGCE course. Since 2006, he has been dependant on my visa.

It has been 8 years since I have been in UK and in Feb 2010, my husband will be doing 10 years in the UK. Like I mentioned, my older son came with me in 2001 and my younger son was born here in 2002. They both attended the primary schools and this is the only lifestyle/culture that they know. Their mother tongue is English.

Expert:  INC replied 4 years ago.

Hi,

 

Without seeing any documentation and based on the information you have provided above, it would be difficult to say what other category of visa you should apply for.

 

It seems either you or your husband would be entitled for ILR either after 5 or 10 years depending on your documentation.

 

I would suggest that you instruct a Solicitor or immigration legal advisor to act on your behalf.

 

If you can let me have your location, I may be able to suggest one for you.

 

Kind regards,

 

 

INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for this quick response.

My husband came in UK in March 2000 as a student and in Oct 2001, I came with my younger son as his dependants. We have been his dependants until 2006 when I went to university to do the PGCE course. Since then my family has been my dependant. From 2006 to 2007, I have been on a student visa. From 2007 to Feb 2009, I have been on the International Graduates Scheme Visa. In Feb 2009, I applied for the transitional arrangement under the Post-Study Scheme. All my documentation are in order. My application has been declined because I did not show enough funds for the 3 months period and I did not score that 10 points. As mentioned, I submitted another application, this time with my husband's bank statement because we were told by OISC advisors and solicitors that it is a household income. But again they declined it as the statement was not under my name. I live in Manchester and I want to know what other visa type that I can apply. Like mentioned, my visa has already been expired since Feb 2009.

Expert:  INC replied 4 years ago.
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