How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

HI, I am an international student and my application to renew

This answer was rated:

HI, I am an international student and my application to renew my visa was refused last february (based on wrong CAS, even though they decided to ignore the original CAS when I submitted it 2 days after my original application). After the UKBA's decision, I was contacted that they wanted to review my case again and I was advised to submit another bank statement which I did, after one month the UKBA contacted me again and said they previous letter ( to reconsider my application) was an error. Now I want to put in a new application and my visa has expired already. With just 2 weeks before my wedding to my partner (EEA citizen) I am worried that things might go wrong with either my new application or the wedding itself despite the fact that we have been together for almost 2 years now.

Thanks for your question.

The option of the UKBA to reconsider an application after determining it is a discretionary one. They don’t have to.

Sometimes they will if it is obvious that an error has been made but there no legal obligation to.

Your case is a bit simpler than you think. If they were to issue deportation proceedings against you then they would have done so very soon after they rejected the application. Even if they got you today they would probably not be able to issue, hear and have a judge determine deportation proceedings because it takes longer than two weeks usually and you would certainly be able to defend on the basis of your impending wedding.

Once you are married in a couple of weeks time you should apply for a family permit:-
. I would expect this to be granted. Technically they could refuse on the basis that you do not have leave to remain, but you should argue as mitigation in your letter the oversights relating to your earlier applicaiotn and also that it would unreasonable and disproportionate for them to expect you to return to your home country only to make and application to return and be accepted two weeks later.

Once you have your family permit you should apply for a 5 year residence card confirming that you are able to stay and work in the UK for 5 years:-

At the end of this time you will be able to apply for Permanent Residence, which is effectively Indefinite Leave to Remain by another name

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Customer: replied 4 years ago.
Thanks Tom, as a matter of fact I'm completing a new TIER 4 application at the moment to be submitted before my wedding date just to be on the safer side but then I'm concerned that it might be refused again this time based on not having leave to remain for over 30 days. Do you advise that I should submit the TIER 4 application still?

No, I would not submit that - it's a waste of time and an application fee when you can apply much less controversially (and where an overstay does not mean an automatic rejection) only after the wedding.

Apply for a family permit after the wedding and you will be fine.

Please remember to rate my answer.

Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you

Related UK Immigration Law Questions