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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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HI, I am an international student and my application to renew

Resolved Question:

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.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

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:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-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:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/

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

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Kind regards,


Tom
Customer: replied 2 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?
Expert:  Thomas replied 2 years ago.
Hi,

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,

Tom
Thomas, Solicitor
Satisfied Customers: 6594
Experience: BA (Hons), PgDip, Practising Solicitor
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