Hello
Guest

Sponsored Links


Topic: Refusal of Entry Clearance for spouse visa - next steps?  (Read 8154 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • *
  • *
  • Posts: 26886

  • Liked: 3600
  • Joined: Jan 2007
Re: Refusal of Entry Clearance for spouse visa - next steps?
« Reply #45 on: October 16, 2016, 09:50:58 PM »
I'm wondering if UKVI made an error and that he was granted ILE? When she mentioned Nepal, I wondered if his leave was under the new Gurkha's rules for those serving in the British forces?

Section 1 seems to be saying that "settlement visas" is ILE.

As his father was the person who was in the army, the bit for children under age 18 is on pages 19 and 20
13
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/440811/settlement_on_discharge.pdf


and this
http://www.army.mod.uk/gurkhas/31596.aspx

Maybe that is the case... I'm not completely sure.

I would have thought it would say Indefinite Leave to Enter on the actual visa, but perhaps it's different for this visa?

I was also a bit confused about it only being valid for 9 years, but I see now that it is valid for the length of the passport validity.

With that in mind then, maybe he was granted ILE and they have actually made a mistake and they assumed it was LLE because visa doesn't explicitly say ILE or ILR on it.


  • *
  • Posts: 3938

  • Liked: 347
  • Joined: Sep 2014
Re: Refusal of Entry Clearance for spouse visa - next steps?
« Reply #46 on: October 16, 2016, 10:03:56 PM »
Maybe that is the case... I'm not completely sure.

I would have thought it would say Indefinite Leave to Enter on the actual visa, but perhaps it's different for this visa?

I was also a bit confused about it only being valid for 9 years, but I see now that it is valid for the length of the passport validity.

With that in mind then, maybe he was granted ILE and they have actually made a mistake and they assumed it was LLE because visa doesn't explicitly say ILE or ILR on it.

I don't know ;D I'm sure the father will know what his son has. We don't even know if the father was in the Gurkhas.

If he is age 18 now, then it seems from what she said that he had already moved out and has rented his own flat. Which is why I queried the age 18 bit as last year he had to be under age 18, not married and not leading an independent life,  to get the visa.

« Last Edit: October 16, 2016, 10:05:36 PM by Sirius »


  • *
  • Posts: 16

  • Liked: 0
  • Joined: Oct 2016
Re: Refusal of Entry Clearance for spouse visa - next steps?
« Reply #47 on: November 10, 2016, 10:41:00 PM »
Thank you all for put ur attention towards my sentence. Sorry I've been away and did a bit internet surf. It was so frustating. And i found he got vignette category D. Which mean his visa will be valid to his passport expiry date and it is like ILE or ILR. As i said before his father is ex-gurkha man. He is over 18. He got his visa in 2015 and we got married on 2016. Could anyone please explain me where is mistake?
And yes ILE or ILR only can apply from outside the UK which he applied from nepal ang got that visa.
 
Much thanks

Sent from my SM-N910G using Tapatalk



  • *
  • Posts: 6734

  • Liked: 1260
  • Joined: Oct 2012
  • Location: Berkshire
Re: Refusal of Entry Clearance for spouse visa - next steps?
« Reply #48 on: November 11, 2016, 02:12:53 PM »
RE the original post, not sure if somebody has said this yet or not and I know it's a bit late so the OP may have already reapplied (I didn't read through all of the pages to be honest as I'm just at work at the moment), but to combat the issue of the ECO saying that there's no reason they can find that he cannot move to you, you could right a cover letter of sorts. That's what my husband and I both did when we applied for my initial visa 3 years ago now. I know some people find it unnecessary/overboard, but it didn't hurt our application and I felt it gave a bit more background in regards to the legitimacy of our relationship.

Neither of our letters were very long in particular (1 page max) and we tried not to repeat the same stuff but we basically briefly summed up when/how we met, what we went through since then, how often we saw each other and what we did in-between times when we couldn't, why we want to make the UK our home (for us, it was that he had a stable job, property, etc. and I was just working retail and living at home so had far less to lose by moving than him), and finally what some of our future goals together in the UK are after I settle in (buy a bigger house, me start a career, get a puppy, etc.). It wasn't every gritty detail, just enough to give the ECO the understanding that we had actually talked through this and set future plans/goals for ourselves. In my husband's I think he also included how he intended to look after me in the UK, etc., but I can't remember now.

Obviously I agree that it was the missing documents that are probably the biggest factor in the rejection, but the spousal support letters I think helped complete the bigger picture and tie together the plane tickets/photos/chat logs.
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


  • *
  • Posts: 16

  • Liked: 0
  • Joined: Oct 2016
Re: Refusal of Entry Clearance for spouse visa - next steps?
« Reply #49 on: November 11, 2016, 10:03:07 PM »
I don't know ;D I'm sure the father will know what his son has. We don't even know if the father was in the Gurkhas.

If he is age 18 now, then it seems from what she said that he had already moved out and has rented his own flat. Which is why I queried the age 18 bit as last year he had to be under age 18, not married and not leading an independent life,  to get the visa.
Thank you for ur reply Sirius. He got this visa because of his father was in the Gurkhas. And when he applied he was over 18. And i think from Jan 2015 Gurkhas adult children also can apply for UK. Who age 18-30 or 30 at the time of application. Im dont know but there was appeal form as well. Appealed already. And its been 5 week after Tribunal recieve money and waiting for any responses. Can you tell me how long does it take to review by ECM?

Many thanks

Sent from my SM-N910G using Tapatalk



  • *
  • Posts: 18238

  • Liked: 4993
  • Joined: Jun 2012
  • Location: Wokingham
Re: Refusal of Entry Clearance for spouse visa - next steps?
« Reply #50 on: November 12, 2016, 10:36:06 AM »
Appeals usually take about a year.


  • *
  • Posts: 16

  • Liked: 0
  • Joined: Oct 2016
Re: Refusal of Entry Clearance for spouse visa - next steps?
« Reply #51 on: November 15, 2016, 08:12:13 AM »
Appeals usually take about a year.
What ever steps will be through out this appeal, are we gonna be know about how far our appeal went?

Sent from my SM-N910G using Tapatalk



  • *
  • Posts: 18238

  • Liked: 4993
  • Joined: Jun 2012
  • Location: Wokingham
Re: Refusal of Entry Clearance for spouse visa - next steps?
« Reply #52 on: November 15, 2016, 08:32:56 AM »
What ever steps will be through out this appeal, are we gonna be know about how far our appeal went?

Sent from my SM-N910G using Tapatalk

I haven't been through an appeal myself, so I'm not sure how good the communication is.  I'm sure your lawyer will have a better idea.


Sponsored Links





 

coloured_drab