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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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My wife's application for a spouse settlement visa has, after

Resolved Question:

My wife's application for a spouse settlement visa has, after a long and drawn out process been refused on the grounds that the application was late. They have ruled that no appeal is possible and that she can be deported as an over stayer. Do we have any rights to an appeal, we have been married since 2003 and she first came here in 2001.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Do you have any children?
How long did the process take?
Kind regards
Customer: replied 2 years ago.

No children who are dependants. The process took almost 2 years.

I have 2 grown up girls and my wife has 1 grown up girl in Italy who is in University in Naples.

Customer: replied 2 years ago.

For UK Lawyer, have provided further info as requested waiting for further reply.

Customer: replied 2 years ago.

I think something has gone wrong with your website.

I replied to your request for further information and I am still

waiting for you response but the website keeps asking for me to repeat my e mail address which you already have each time I put it in, it responds by saying that this e mail address belongs to another person who has registered for your services which I strongly suspect is also me!

HELP regards Ian

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
There is nothing preventing you from applying again but I beleive that this time it may be better for her to apply for discretionary leave to remain using form FLR FP, please see the following link:
https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flrfp
The only caveat is that she would need to extend this every 3 years, and will only be able to apply for indefinite leave to remain after 10 years, where as the spouse visa route is 5 years. You can apply for a spouse visa again provided you meet the financial requirement, please see the following link:
https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm
Regarding appeal your best chance would be to apply for a judicial review of the decision and this can only be done through a solicitor, it can be a very expensive process and can cost between £1,500 - £3,000 or more.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other Law Specialists are ready to help you
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so please provide a rating so i can get credited for my time.
Kind regards

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