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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2247
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I have been granted UK Entry Clearance visa spouse/sp

Resolved Question:

Hi,
I have been granted UK Entry Clearance visa spouse/sp valid from 24/04/2013 to 28/01/13. I have lived with husband for up 19 years so I have doubts is that visa right for me or not...
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Could you please clarify the expiry date please and the date of issue?
Where have you lived with your husband for 19 years?

Kind regards
Customer: replied 1 year ago.

We have lived overseas now in KSA

Customer: replied 1 year ago.

valid from 24/04/2013 to 28/01/13

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

It does seem strange the expiry date of can not need earlier than the issue date, 24 April 2013 expiry on 28 January 2013.

Could you please clarify this is correct

Kind regards
Customer: replied 1 year ago.

sorry 28/04/13 28/01/16

Customer: replied 1 year ago.

I have IELTS certificate total score 5.0 as = ESOL entry level 3 intermediate, husband and I own a house in UK

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes the visa expiry date is correct, spouses of British citizens are issued with a visa for 33 months which is just over 2.5 years. Once they have come near the end of the visa they then have to apply for further leave to remain for another 2.5 years. Once you have remained in the uk for 5 consecutive years you will then be able to apply for indefinite leave to remain.

Prior to 9 July 2012 if you had remained with your British spouse outside of the uk for more than 4 years you would have been issued with indefinite leave to remain, but this had changed and even if you have been living with your partner outside of the uk for 19 years you would still be issued with a 33 months spouse visa.

The home office states :

Section D-LTRP: Decision on application for limited leave to remain as a partner
D-LTRP.1.1. If the applicant meets the requirements in paragraph R-LTRP.1.1.(a) to (c) for limited leave to remain as a partner the applicant will be granted limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months with such leave or in the UK with entry clearance as a partner under paragraph D-ECP1.1. (excluding in all cases any period of entry clearance or limited leave as a fiance(e) or proposed civil partner); or, if paragraph E-LTRP.1.11. applies, the applicant will be granted limited leave for a period not exceeding 6 months and subject to a condition of no recourse to public funds and a prohibition on employment.

D-LTRP.1.2. If the applicant meets the requirements in paragraph R-LTRP.1.1.(a), (b) and (d) for limited leave to remain as a partner they will be granted leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State deems such recourse to be appropriate, and they will be eligible to apply for settlement after a continuous period of at least 120 months with such leave, with limited leave as a partner under paragraph D-LTRP.1.1., or in the UK with entry clearance as a partner under paragraph D-ECP1.1. (excluding in all cases any period of entry clearance or limited leave as a fiancé(e) or proposed civil partner), or, if paragraph E-LTRP.1.11. applies, the applicant will be granted limited leave for a period not exceeding 6 months and subject to a condition of no recourse to public funds and a prohibition on employment.

D-LTRP.1.3. If the applicant does not meet the requirements for limited leave to remain as a partner the application will be refused.

Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner (disregarding any period of overstaying for a period of 28 days or less).

E-ILRP.1.3. The applicant must have completed a continuous period of at least 60 months with limited leave as a partner under paragraph R-LTRP.1.1.(a) to (c) or in the UK with entry clearance as a partner under paragraph D-ECP.1.1.; or a continuous period of at least 120 months with limited leave as a partner under paragraph R-LTR.P.1.1(a), (b) and (d) or in the UK with entry clearance as a partner under paragraph D-ECP.1.1.; or a continuous period of at least 120 months with limited leave as a partner under a combination of these paragraphs, excluding in all cases any period of entry clearance or limited leave as a fiancé(e) or proposed civil partner.

E-ILRP.1.4. In calculating the periods under paragraph E-ILRP.1.3. only the periods when the applicant's partner is the same person as the applicant's partner for the previous period of limited leave shall be taken into account.

E-ILRP.1.5. DELETED.

E-ILRP.1.6. The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the UK in accordance with the requirements of paragraphs 33B to 33G of these Rules.


http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/family-life-as-a-partner/

Regardless of your ielts score or your ownership of property if you are applying for entry clearance as a spouse of a British citizen you will be issued with 33 months.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/section1.pdf?view=Binary


Immigration Directorate Instructions Section Contents
Chapter 8 – Family Members Section 1- Spouses April 2013


"


ANNEX A provides guidance relating to doubtful cases.
2.6. Granting leave to enter
All passengers who have an entry clearance endorsed "Spouse/ CP" should be granted leave to enter for a period not exceeding 27 months on Code 1 and advised that, provided the marriage is still subsisting, they should apply to the UK Border Agency for indefinite leave to remain not earlier than 28 days before their leave is due to expire.
Only spouses who have completed a period of four years as the husband/wife of a person who has (at the time of decision on the entry clearance application) a
right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and who is on the same occasion seeking admission to the United Kingdom for the purposes of settlement, having lived together abroad with their spouse throughout that four year period, should be issued with an entry clearance endorsed "Settlement Spouse/ CP" These endorsements are
rare.
Spouses in possession of an entry clearance endorsed "Settlement Spouse/ CP" should be granted indefinite leave to enter.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

When did you submit your application?

Kind regards
Customer: replied 1 year ago.

in Saudi Arabia

Expert:  UK_Lawyer replied 1 year ago.
Sorry I mean which date did you submit your application?

Kind regards
Customer: replied 1 year ago.

24/04/2013

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If you read the first page of the link you have sent me it states that the document is referring to applications, made before 9 July 2012. If you submitted your application for a spouse visa after 9 July 2012 then the link you have sent me does not apply to you.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Does any ways to appeal such unjustly decision as I think and feel it was made in my personal case ?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If your application for a spouse visa was submitted before 9 JULY 2012 then you can write to the british embassy in Saudi Arabia asking them why they have issued you with a visa under the new rules, you must write to the embassy stating your reference number on your visa. If they have issued you an incorrect visa then they will ask you to resubmit your passport so they can issue you with the correct visa.

If your application for a spouse visa was submitted AFTER 9 JULY 2012 then you were issued with a correct visa.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/july/15-family-mig

Please ensure that your application was submitted before 9 JULY 2012 if you wish to appeal the decision. It does not make sense for your application to have taken 9 months to decide.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Yes,my application was submitted AFTER 9 JULY 2012 so I have to live granted limited life for 6 years if grant it again and there is nothing change. And for my personal case is UNJUSTLY. It does not matter that it is immigration law it is matter in my personal case try to change that and why I have asked you about any possibilities to make that.


Thanks,


Kind regards

Expert:  UK_Lawyer replied 1 year ago.
Thank you for reply.

Unfortunately if your application was submitted AFTER 9 JULY 2012 then the home office has issued you with the correct visa. I understand that your personal issue may be a cause for concern, but I can assure you that regardless of your situation the home office will not change the visa which has been issued.

There is not much you can do as the home office has issued you with the correct visa. I am sorry if the advice given is not what you wanted to hear but the immigration rules are very strict in respect of granting individuals leave to enter.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
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Experience: I am a qualified solicitor and an expert in UK law.
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