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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7661
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Customer Question

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Thanks, ***** ***** to help.
What is your immigration question please?
Kind regards.
Customer: replied 3 years ago.
Basically I am a British citizin. I met a girl September last year who entered the country as a student to study master. Since we fell in love she changed her plans and didn't go to university and decided to find one in London but it was too late. So she stayed without going to any uni. We have got married in Feb 2014 and we have a 5 months daughter who is also British citizin. I work full time with the Nhs as children support worker and my salary around 21000£/A. And starting from January 2015 it will be 23000£/A. I am receiving child benefit, child and work tax credits and partial housing benefet. Which application should I apply for my wife because her visa expires 31/01/2015 and we don't know if the visa was cancelled or not
Customer: replied 3 years ago.
I don't know if u got my message
Expert:  Thomas replied 3 years ago.
Thanks for your patience.
If she did not attend university at all then I would be suprised if her visa has not been curtailed. The university is under a duty to inform the home office that she was not attending. The home office would then write to her advising her that they were curtailing her visa because of a breach of her visa conditions (ie. by not attending uni).
The would write to her at the last address she advised them of.
If her visa was curtailed and she no longer has leave to remain then the home office could reject her application and require her to make it from her home country. Basically, you would be relying on someone making a mistake either at the uni or at the home office which has resulted in her not having her visa curtailed.
Howver, if it is the case that your wife simply got swept along when pregnant and that she is required her to look after the kids, which is to say that the kids welfare might be prejudiced if she was require to make an out-of-country application then you might be able to argue on appeal that it would be contrary to your human right to a family and private life to require her to apply out of country and that it would be disproportionate and unreasonable to expect her to do so. You can certainly expect the home office to reject the application, but you would have a reasonable-ish chance on appeal.
Kind regards,