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Stuart J
Stuart J, Solicitor
Category: Immigration Law
Satisfied Customers: 0
Experience:  Senior Partner at Berkson Wallace
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I will like an advice on my position within immigration

Customer Question

Hi, I will like an advice on my position within immigration matter and error in my visa case
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.
Hi, What is your question please?Kind regards,Tom
Customer: replied 4 years ago.

I have been in the country since 2007 on working holiday visa.

2009 changed to spouse visa

2011 following marriage breakdown changed to FLR O parent with access right to UK child but was granted DLTR 3 months in 2 occasions in order to obtain Contact order

2012 obtained contact order and applied for FLR O but was granted DLTRPT for 30 months under 10 year rule instead of 5 year rule since the rule changed before I applied.

Now I have been granted DLTRPT for 30 months under 5 year rule and was told that I will have to spend another 30 months as the previous 30 months was on 10 year rule.

Home office then said I can complain if I believe the made an error in my 2012 application. they said the error could be that I did not provide english test and financial evidence but later the said the saw the english test but did not see my bank statement.

My question is should I go ahead with the complain so that the my previous 30 months counts towards 5 year rule instead of doing another 30 months after the current one and how should I make the complain?

Expert:  Thomas replied 4 years ago.
Hi, Thanks for your reply. Unfortunately, your question is very specialised. I feel that there may be another expert better experienced in this area who might be able to answer. You are going to have to be very patience though, because it's specliased it may take sometime for someone to assist.Tom
Customer: replied 4 years ago.


Please just to add that the rule that changed in 2012 was the 1 year rule for parents exercising access right to UK child. That was the rule I applied on 2010 and 2012 but delay in court order resulted in my application being lumped together with the new rules of 10 years in 2012 and now 5 years rule in 2015.

I really feel that the way the handled my application was unsatisfactory.

Customer: replied 4 years ago.

when am I going to get an answer

Customer: replied 4 years ago.
Relist: Other.
Question still not answered