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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, My wife entered the UK on a six month Fiance Visa in

Resolved Question:

Hi,

My wife entered the UK on a six month Fiance Visa in March 2012 and we were married in April. She applied for leave to remain on the 9th July, which was received by UK Border on the 10th. Our fee cheque was cashed within one week but four months later we received a letter saying we had used the incorrect form, as UK Border had changed its form on website on the 9th July. We were unaware of this as we had downloaded the form a week or so earlier. We were told to re-apply on the new form which we did, but this was rejected because my wife had overstayed her original Visa. We had no right to appeal. I have done some research into this and I believe that the Govenment's own rules state that our first application should have been allowed and not rejected for being on the wrong form. I believe this is stated in the Immigration Rules Part 1 Section 34l

34I. Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.

A specified form is defined as

34. An application form is specified when:
(i) it is posted on the website of the United Kingdom Border Agency of the Home Office,
(ii) it is marked on the form that it is a specified form for the purpose of the immigration rules,
(iii) it comes into force on the date specified on the form and/or in any accompanying announcement.

As the form changed on the 9th July and they received our application on the old form on the 10th July, this is within the 21 day period stated in their rules.

Would someone please confirm if I am correct about this.

Regards

John
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 9 months 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.

Is your wife still in the uk?

Kind regards
Customer: replied 9 months ago.
Relist: Other.
I do not see what relevance my wife being in the country or not has to do with the question I asked.
Expert:  Howard replied 9 months ago.
It sounds like there must be more to this than meets the eye.

Firstly, and to answer your question, you are correct - your initial application should have been processed with the old form. It isn't unheard of for them to make this mistake.

Secondly, if an application is returned as invalid you would expect the fee to be refunded and a new application immediately sent into the Home Office to be accepted. I find it rather strange that the second application was not accepted, assuming that it was submitted very quickly after receipt of the initial application being returned.

The question about whether or not your wife is in the UK was probably asked in order to fully advise about the situation and I expect your question would have been answered and further advice given if you had not relisted.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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