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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My wife came to the uk in 2009 on spouse visa, in 2013 she

Customer Question

My wife came to the uk in 2009 on spouse visa, in 2013 she had to go back to her country and re-enter on a new spouse visa due to issues with the application for ILR at the time and she did not want to overstay. We now have applied for ILR but were told we now need 5 years and it started again with the 2013 application so they have ignored the initial 2.6 year stay. So rather than just saying you need an extension they dont use any common sense and keep out application fee and tell us to apply again. we took the premium service but did not get any premium service out of them. They knew at 1pm that we were going to be denied but rather than telling us then they kept us there for 5 more hours, when questioned about this the guy said that if they had said before a full review we could have withdrawn our application. i would have thought a premium service would have said you have applied for the wrong visa because of x.y.z we will cancel that and do the extension visa.
Do we just have to pay out again or is there anything we can do. is it worth appealing or once they make their mind up is it impossible to change it.
Submitted: 5 months ago.
Category: Law
Expert:  chatham-chamber replied 5 months ago.

Hi,

The onus is on the applicant to ensure that they meet the requirements of the rules. If they do not the application is rejected and the fee retained.

In your case, the premium service provides a quicker decision. The onus is still on you to ensure that you meet the requirements of the rules and therefore your fee would have been retained if your wife was not eligible.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

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