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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6449
Experience:  BA (Hons), PgDip, Practising Solicitor
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My son who is a British citizen married a Jamaican citizen

Customer Question

My son who is a British citizen married a Jamaican citizen in September 2010, having been granted a Certificate of Approval to marry.They had previously lived together for 3 years. However, Peaches is unable to work as she's still waiting for her Visa so that she can remain in Britain. What should she do?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

On what basis was the original application made? Obviously it would not be on the basis of marriage?

What was the outcome of the appeal?

Tom
Customer: replied 3 years ago.

Peaches had a visa to come to Britain to be with her mother. Unfortunately her mother died a few years ago and Peaches' aunt sent in the application to renew her visa. She was refused a visa as they said they didn't have the correct paperwork. The solicitor appealed a year ago but hasn't had a response yet.

Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.

 

Please tell me how old she was when she travelled here for the first time and when this was.

Tom

Customer: replied 3 years ago.

Peaches first came to Britain when she was 17 and she's now 30. Her solicitor has advised her to return to Jamaica while the paperwork is sorted out for her to remain here. She's reluctant to do this as it's expensive and she's afraid she won't be able to come back.

Expert:  Thomas replied 3 years ago.

Hi,

 

I've just got to go in to a meeting now unfortunately, I will be able to answer in an hour or so.


Kind regards,


Tom

Expert:  Thomas replied 3 years ago.

Hi,

 

Firstly, she must contact the solicitor who deal with the appeal. It is their job to act on her behalf and inform her of the appropriate position following determination on appeal and how this affects her leave to remain. This is what she paid them for and if she has not heard from her solicitor then she should press them for a response now.

 

I will answer on the assumption that she does not have leave to remain and is, in effect, an overstayer from the date that he previous visa application was rejected.

 

The overstay affects most forms of visa application but by virtue of Immigration Rule 320 the UKBA are not permitted to reject an application for spouses visa on the basis of the ovestay alone. Provided her application for a spouses visa on the basis of her marriage to your son does not contain any other defects then the UKBA would grant her a spouses visa.

 

 

The difficulty is that if she does not have valid leave to remain then the UKBA will ask that she return home and make the applicaiton from there. She would only be able to make the appliaction in the UK in the most exceptional circumstances, this is usually where to remove her would severly affect another's person's health (eg. a husband in poor health or child that she must care for). This does not appear to be the case here and therefore the UKBA would ask her to return home and submit the application to the Embassy there.

 

This is probably what she is going to have to do. In order to get her back here as quickly as possible I would advise that you see a local immigration solicitor and ask that they prepare her application and supporting documents before she leaves. She can then submit it to the Embassy as soon as she arrives. They will reach a determination on it within 6-8 weeks usually.

 

I can advise you of the eligibility criteria for a spouses visa if you wish. Please let me know if you want me to.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6449
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Can you tell me any grounds on which the visa could be refused if Peaches returns to Jamaica? Her solicitor wants £1400 to prepare the paperwork. Is this reasonable?

Expert:  Thomas replied 3 years ago.
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