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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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I submitted an application for tier 4 student application extension

Customer Question

I submitted an application for tier 4 student application extension in October 2010, in January the application was sent back to me saying they were not able to take funds from the payment method i gave them for processing my application.

I sent the application back to them this time with a postal order, two weeks later they sent it back saying the forms for tier 4 application was changed in November 2010 so i need to send a fresh application. In February i sent i back with a supporting letter saying the new rules should not affect me as my application was originally made in October of same year, the application was accepted and i was sent a Bio-metrics letter which i went for and sent them the result.

On the 18th October 2012 i received a letter saying my application was refused without a right of appeal.

Meanwhile in July this year i sent a new application which is a cohabiting Visa Application FLR(M) with all required documents.But to my sueprise on the 19th October 2012 i got another letter from the home office requesting me to go for Bio-metrics, i was quite happy about this because its a good development as far as i am concerned but at the same time worried.

My question is what does this mean and what are my chances in this area considering i did not withdraw the previous application before sending in a new one?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. When did your most recent leave to remain expire
2. Did the rejection on 18th October relate to the application you sent with the new forms in February
Kind regards.

Tom
Customer: replied 1 year ago.

Hi


Thanks for your prompt response


 


1. My current leave to remain expired on October 31st 2010, but i still held a right to remain here until the application in 2010 was either granted or refused.


2.The rejection has nothing to do with the new application submitted on the 7th of july 2012, the recent one is an FLR(M) application. its called cohabitation and the one in 2010 was Tier 4 student application


 


Kind regards


 


Tony

Customer: replied 1 year ago.

The one in February is actually same application submitted in October i only sent it back to them, please refer to the second paragraph in my initial question

Expert:  Thomas replied 1 year ago.
Tony,

I need to known whether you sent back exactly the same forms, or whether you completed the new format forms and submitted them instead (albeit with the covering letter that you refer to)? You have not expressly stated this in your original post and I need to know..

Tom
Customer: replied 1 year ago.

I sent back the same one nothing added and nothing removed

Expert:  Thomas replied 1 year ago.
Hi,

Okay.

How long have you cohabited (lived in the same property) with your partner on which your most recent application is based?

How long have you been in a relationship?

Are you likely to marry and, if so, when (roughly)?

Do you have any children together?

Tom
Customer: replied 1 year ago.

It will be 3 years in December since we have been cohabiting, all the documents we sent to the home office has proofs that we have lived together over two and a half years. 1.Electric bills, 2.Payslips from both of us 3.Gas Bills 4.Individual bank statements, 5.Joint account statements, 6.B.T bills. Electric and gas bills in both our names including the joint acct.


 


We have been together for 5 years now, we have a 20 months old daughter.


 


We are looking to get married as soon as this immigration issue is sorted

Expert:  Thomas replied 1 year ago.
Ok.

Am I right in assuming your partner is either British or holds ILR, correct?

Tom
Customer: replied 1 year ago.

My partner is white British.


 


Tony

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Provided that you can prove your cohabitation and that you will be able to support yourselves without recourse to public funds and that you also meet the financial requirement (salary threshold - if you applied for this visa on or after 6th July.

The question is therefore whether your application in country will be accepted or whether they will require you to apply from your home country. This depends on whether you will be regarded as legally being in the UK as at the date you submitted your unmarried partner’s visa.

If your original application was returned to you on the basis of the payment method and then again because you did not submit the correct forms then it’s likely that the UKBA will hold that the chain of leave to remain was broken and that the earliest your application will have been submitted to them with the postal order and therefore after your leave to remain expired.

ON this basis they would normally require you to make the application from your home country and may reject your unmarried partner visa on this basis. If they do then you may have to appeal and argue that it is disproportionate and unreasonable of them to expect you to return to your home country simply to be admitted shortly thereafter. You stand a reasonable chance of being accepted on this basis, but you would need to instruct a solicitor and barrister to act on your behalf on appeal



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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi


 


Well one of the reasons i submitted the FLR(M) application which they received on the 7th of July was to beat the deadline for the salary threshold law which says the sponsor must be earning minimum of £18,600.


 


This law took effect from the 9th of July so its not applicable to me.


 


You have been of great help and i want to say am very satisfied with the way you dealt with this issue.


 


Kind regards

Expert:  Thomas replied 1 year ago.
Hi,

Thanks. Sorry, I missed typed the earlier date, it should have been the 9th July so you should be fine.

Tom
Customer: replied 1 year ago.

So do you still think i need the services of a solicitor, i don't want to have to go back to my home country to come back in again.


 

Expert:  Thomas replied 1 year ago.
If you get a rejection of your unmarried partners visa then you need to instruct a solicitor.

If it is approved then you do not.

Tom
Customer: replied 1 year ago.

Hi


sorry i am being a pain in the back side.


Should i wait for the outcome before i engage the services of a legal representative or i need to get one ASAP?

Expert:  Thomas replied 1 year ago.
Wait for the outcome. Not a great deal they can do for you until then.

Tom

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