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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 713
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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My wife's Spouse/Partner Leave to Remain permit will expire

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my wife's Spouse/Partner Leave to Remain permit will expire on 10-Jan-2018. We are apply by Premium Service. the only available day is also on 10-Jan-2018.
will the Premium Service Centre still accept her application on the Day or is her application no long accepted because it is on the same day?
Customer: replied 1 month ago.
Also, I would like to add that we aim to book the premium service online.
Customer: replied 1 month ago.
can an expert answer me please?

Your wife's visa would still be valid on the 10th of January 2018 but it is too risky to rely on the fact that all will go well on that day because if it doesn't your wife becomes an overstayer. You should send her application in the post or try other premium centres before the 10th

Customer: replied 1 month ago.
Thank you for your answer.
We had a checking officers go through our documents and the officer approved we completed the application correctly and the documents were sufficient. The officer also explained the reason for it not being refused. And do not believe it will be refused.Will the SCS Officer we visited increase her chances?

Having a legal advisor check an application will always increase the chance of success. I am not aware that SCS officers can give legal advice. You also need to be aware of other practicalities that are out of your control which might result in your inabilities to attend your interview. It is just too close for comfort.

Customer: replied 1 month ago.
I understand the risk. Although if we can no longer find any Premium Service Appointments and have no choice but to send her application by post, is there also a chance that it can Lost in the Mail or unfortunate circumstances because her documents is not in our possessions.

There is also that risk too but it is very low. If sending in the post send by special delivery and ask to include consequential loss.

Customer: replied 1 month ago.
If we send it by special delivery when is the earliest day we can send it if her Permit expires on 10-Jan-2018?If sent by post and there are errors on the application, and it is sent back to us, will she be given extra time to correct and then resend her application?If the application is refused but the process takes 3-6mths for the result, is she overstated after 10-Jan-2018?

The earliest date is the 11th December 2017.

If there are errors the Home Office would normally send a letter asking you to correct within a specified deadline. But make sure you inform your bank of any pending fees to be paid out of your account so that the bank doesn't not stop fees coming out of your account.

No she wouldn't be regarded as an overstayer if her application is refused as she will be given the opportunity to either appeal or make a fresh application.

Customer: replied 1 month ago.
Thank you for all your advice. We have checked and found earlier appointments dates online.Just to be sure, I have paid for my wife’s Premium Service. The total cost is GBP2962.00, will there be any extra fee to change to another date with the Premuim Service?If we booked an hour ago, can we change the appointment location and date right now, or do we have to wait for a few days?Will there be another’s charge on my bank account from another PS Centre branch if we change our appointment or is the payment accepted by PSCentre by regardless of the branch?

There is usually a charge to change dates. What date have you book appointment for?

Customer: replied 1 month ago.
We booked for 10-Jan-2017 in Glasgow, there is now availabilities next week in Liverpool 30min. ago, then became fully booked. 10 min. ago Belfast, is available for next week.We are online always refresh the calendars, to find earlier dates.Will I be able to transfer my payment or will it be refunded and I have to pay again for another booking online.

Your application fees will remain paid wherever you go but there may be a fee to change dates. All this information is available on the booking site please check as this is not an immigration specific question

Customer: replied 1 month ago.
Dear Lawyer, we have been able to change our appointment to Balfast next week. We live in London and getting a flight there. If my wife’s application is refused well she be able to travel back with me or will she be detained?

She will not be detained. She will be able to travel back with you and she will be given time to make a further application or appeal. Did you pay extra for the change?

Customer: replied 1 month ago.
Dear Lawyer, i could not pay extra for the change, because the website have not been prompted me to make another payment or requested me to enter my card details again. also, immediately after I clicked to change the appointment location and time, my wife revived an email confirmation from UKVI that the appointment is change to Belfast. There is no email of cancellation. Although We are confused if the is a refund. Just now, she logged back into her account, and it still says ‘Payment Successful’ and in part ‘2. Attend your appointment at the Premuim Service Centre’ it has the Belfast PSC Address with the new rescheduled date & time. (We changed from Glasgow Out-of-hours appointment on 10-01-2018 to Belfast Normal hours on 14-Dec-2017)However, this instruction confuses us. Is our payment being refunded because we are not less than 5 working days? Today is Friday our appointment is Thursday, so that is exactly 5 working days. ‘Less than 5 working days’means is 4 working days; right?This is the ‘Change or Cancel your appointment’ instruction on the website.
“You have rescheduled to an appointment that does not require an additional charge. You will be refunded to the debit or credit card you used to book the appointment if you have paid the additional charge of £75.00 GBP per applicant. You will only receive this refund if you have rescheduled more than 5 working days before your appointment. Refunds can take up to 4 weeks and will be made after you attend your appointment.”
Customer: replied 1 month ago.
Followed by...
“If you are unable to attend, please cancel your appointment. If you do not attend your appointment or if you cancel less than 5 working days before your appointment date, we will not refund the £100 appointment fee per applicant unless there are exceptional circumstances. If you booked an out-of-hours appointment you will not be refunded the additional charge of £75.00 GBP per applicant.If you reschedule an out-of-hours appointment to an appointment during normal hours, and it is less than 5 working days before your appointment date, you will not be refunded the additional charge of £75.00 GBP per applicant.”So we unclear if it is cancelled or refunded or payment still accepted?

If you have confirmation that your appointment is now in Belfast there is nothing else to be worried about.

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Customer: replied 1 month ago.
Dear Solicitor, when preparing a completed Set(M) Application along with the Appendix D and G documents ready to be submitted for a One Day Service, I have some questions regarding the appropriate way to organise the original documents and copies.When organising the dates of the supporting documents in reverse (most current date on top and oldest date on the bottom) do I separate the documents by month or by companies? We have payslips, energy bills and water bills etc. do I take all the documents dated in December and put them on top of the documents dated in November, and so on, or do I collate all my Payslips organise them in reverse date order, then collate the energy bills, and so on.For the photocopies, do I place them under each original document or should the copies be under a set of originals and also organise in the same order as the originals?Also, I have typed and printed a table for Section 8A and Section 8B. Where should I place them? Should it accompany the covering sheet briefly mentioning the table or should the table be inserted before or after the Sections?For bank statements am I allowed to conceal over with a thick black pen any information? If yes, what information can I conceal?Also for all supporting documents, do I need to photocopy both sides of the page or do I only photocopy the pages containing information, as the back pages are only general information or disclaimers, or payment instructions for utility bills?Regards,

How you arrange your documents is irrelevant.

Please do not alter or conceal any information on your bank statements or any official document you present. If you are photocopying documents only the relevant pages are required.

Customer: replied 1 month ago.
Thank you very much for your response solicitor.
Customer: replied 1 month ago.
Hi Solicitor, in Set(M) Page 12, 2.27 regarding shared financial responsibility, we have listed... Council Tax, Gas & Electricity. but in our bank statement it shows we are paying Rent, Council Tax, Internet, Gas & Electricity, Water shared bills to our flat mate.
So far the council Tax is in all 4 of our names, the electricity & Gas in my wife’s name only, and the tenancy Contract is not in my name yet but (we are paying), the Internet + water bill is our flatmates name. What do we do as we still have not have heard from our Agent? Our appointment for one day Service is due?

There is nothing else you can do. Just go with what you have or can get.

Customer: replied 1 month ago.
Hi solicitor, can the reviewer allow us chance to come back again and provide the tenancy contract?

No. You will need to have all your documents ready on the day of your interview

Customer: replied 1 month ago.
Will the reviewer this area seriously? Will this discrepancy define the result of the application or there a point system or quota used and calculated if the applicant passes or fails? Is the focus of the set(m) application based on payments or base on documents that we are living together and in a legitimate relationship? I hope my question makes sense.

I dont know what the issue is

Customer: replied 1 month ago.
Sorry for the confusion. I meant, will the application be rejected solely due to the unprovided Tenancy Agreement?

You need to provide evidence of your accommodation. This is a key requirement.

Customer: replied 1 month ago.
All we have to prove that we are in the same address are: Council Tax, Joint Bank Statements, Individuals banks staments (always in the same address), NHS letters (always in the same addressees).
Customer: replied 1 month ago.
Hi Solicitor, just as an opinion, and not as an legal advice, do you think the document we have provided is considered sufficient?

You also need evidence of your accommodation.

Customer: replied 1 month ago.
Solicitor, what would happen if we do not turn up to appointment tomorrow and book a new appointment or post the application with the tenancy contract. Is this an option

If you haven't get all the necessary you need to reschedule your appointment but bear in mind your visa end date. What is the issue with your tenancy agreement?

Customer: replied 1 month ago.
Our appoint is tomorrow already and there is no appointment available before 10-Jan-2018. I’m monitoring the website right now.To be honest, my flatmate did not want me added to tenancy agreement, I don’t know why (she very old in her 60s). Only my wife was put on. I insisted when we moved in to put my name on the Tennacy agreement. Only last week, on the phone the agent agreed but for a large fee. We wanted to come in to sign the contract. But the agent haven’t replied. When we got through we found out that the agent looking after our flat is now on holidays. Just now, We phoned again to ask for a certificate from their landlord that we both live the address but the agent my wife spoke to does not know what to do.We wanted to move out 4 months ago, because of the tenancy contract and name on bills problem but when we decided to stay and not move. She then got a 2 year contract but with their names and not mine again.Also she seems convinced the Council Tax with all our names is enough to prove we live together and paying bills.I am now, thinking of everything to prevent my wife’s application from being refused.I hope you can understand the dilemma we are in.So I may have to cancel our appointment. Unfortunately sacrifice the application fee.

If your wife has a tenancy agreement and you are married and you are allowed to live there as a couple then there is no problem. You dont have to have your name on the tenancy for your application to fail. But you must show you have appropriate accommodation. There is no issue please stopped worrying about nothing.

Customer: replied 1 month ago.
Solicitor, that is fantastic answer. Another problem is my flatmate could not find original Tenancy Contact to add to my wife’s application when we attended the Settlement Checking Services which is why we wanted a Certificate for my wife’s application.But you have if an original is not available I took a scan of the original. I am now looking everywhere for the electronic (emailed) version.if I find it i can add it alongside her application. I will add it to the cover letter that the original is lost and only the copy is available.At least there is photocopy of the Tenancy Contract for the reviewer to review. Will, this the front cover of the Tenancy Contract enough (it has their names on)? this is the only scan I made that day.Does the contract need to have all the pages or is the front page enough?Sorry solicitor i am just trying absolutely everything I can. I hope you can understand.

Provide the copy you have with an explanation why it isnt the original. You can also ask the landlord to sign the photocopy as a true copy just in case.

Customer: replied 1 month ago.
Unfortunately, solicitor we can not get in touch with the landlord at all. It’s only through the Agent, haven’t been cooperative in helping.I think I’m out of options again
Customer: replied 1 month ago.
Solicitor becuase the copy can not signed by the landlord today. Is it again at risk to turn up to the appointment with a photocopy?

You should cancel your appointment.

Sorry I mean to say you shouldnt cancel your appointment.

Customer: replied 1 month ago.
Ohhh ok.... lucky I haven’t cancelled Tomorrow. Ok we will attend tomorrow. Thank you thank you

Good luck for tomorrow. If there are any issues the Home Office will usually give you time to rectify.

Customer: replied 1 month ago.
Oh thank you solicitor, you have no idea much help you’ve given us. Thank you so much solicitor. Thank so greatful you answered all, all, my questions. Thank you. We have some last minute things to do thank you