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Irfan
Irfan, Immigration Consultant
Category: UK Immigration Law
Satisfied Customers: 29
Experience:  Registered with the Office of the Immigration Services Commissioner (OISC)
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I entered the UK on a student visa in September 2008, after

Customer Question

Hi,
I entered the UK on a student visa in September 2008, after which I obtained the post-study work visa. During this time I got married to my husband who was also on post-study work visa. He switched to Tier 1 general visa in 2011. At this time, I had to apply as a dependant on my husband's visa in-country as the doctors advised not to travel as I was heavily pregnant. Initially I was refused, but after an appeal I was granted a 2.5 years Discretionary leave to remain. Now my visa is about to run out and I need advice on how to go about extending my visa or which type of visa to apply for. please note that, when my husband's Tier 1 visa expired in 2013, he was refused the application to extend and currently awaiting another appeal.
I will be gratefully if you can provide me with the best step to take in extending my visa. Thank you!
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: UK Immigration Law
Expert:  Irfan replied 1 year ago.

Hi,

Thank you for you question.

Please note the basis of your current visa in the UK was granted because of your husband's permission to be here and the fact that it was deemed appropriate for you and your child to remain in the UK with him as a family unit.

However, if your husband's appeal is not finalised before your visa expires, I would suggest that you continue with an application for further leave to remain on the same basis you originally applied.

I hope this helps and look forward to your feedback.

Kind regards,

Irfan

Customer: replied 1 year ago.
Hi,Thank you for your response.But it does not answer my question. I was granted a discretionary leave because the doctors advised not to travel and gave me a letter to back it. This was my saving grace otherwise the judge would have refused to grant me leave. In your response, you said I will need to extend my leave on the basis I previously applied. However, the basis does not exist anymore. But as my son was recently seen by a speech therapist who thinks he's doing fine but needs to be seen again in a few months, I am thinking can I get a letter from the doctor to support my application, because if I am refused leave to remain, it will affect my son. Do I have a case at all?
Expert:  Irfan replied 1 year ago.

Hi,

Thank you for the additional information.

I understand that you were pregnant at the time but please note that it is also the policy of airlines not to carry women who are at least 7 months pregnant. So in any case you were unable to return home. As you will appreciate in the previous application you would have mentioned your husband and consideration will have been given to keeping a family together which is also true for your next application.

The fact is that while your husbands appeal is pending you must submit an application to extend your stay which will be based on family life. Your child's speech therapy alone is not strong enough grounds but you must not become an over stayer by not applying to extend your stay.

Good luck.

I hope this information is sufficient and I look forward to your feedback.

Kind regards,

Irfan

Customer: replied 1 year ago.
Okay thanks. I know that I will need to apply for an extension but what am woride about is on what basis? And what form do I use? I also want to know if I can send this myself as I have spent a lot on solicitor fees or if I can get a solicitor or barrister to draft the letter on my behalf which means I won't have to pay so much.
Expert:  Irfan replied 1 year ago.

Hi,

Your application will be based on the fact that your husband has an appeal that is pending therfore you and your child do not wish to be separated from your husband; the childs best interest will be considered.

Please accept my answer as I have answered your initial question. Once you have provided your feedback I will happily answer follow up questions.

Kind regards,

Irfan

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