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Thomas, Lawyer
Category: Law
Satisfied Customers: 7664
Experience:  UK Lawyer holding practising certficate for England & Wales.
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my brother in law came back from south africa about 16month

Customer Question

my brother in law came back from south africa about 16month ago. he left his south african wife to follow on when visa were sorted. several thousands of pounds later still no visas, due to an error on a form instead of it saying he left the country in 2011 it said he left in 2001 and she was refused a visa. he has no idea where to go for help, he has no money left. is there anythi ng he can do
Submitted: 5 years ago.
Category: Law
Expert:  Thomas replied 5 years ago.

Thanks for your patience.

I assume that your brother is a UK national and that his spouse is a South African national who applied for a spouse visa but was rejected.

If it is the case that the application was rejected without permission to appeal then the only option is to re-apply for a spouse visa.

If they had instructed a solicitor or visa company to draft the application on her behalf and the error was a fault of the solicitor/company then she needs to complain to them that she should be refunded the money. If they have made an error on the form despite having the correct information given to them by her then they should refund the whole amount of the money. She should sue them if they do not.

She should then use the money to make a further application for a spouse visa. I appreciate that money is tight but the best possible chance of getting an approval is for an immigration solicitor in the UK to be instructing by your brother. They will correctly draft the application and ensure that it is supported by the appropriate evidence in order to get an approval of the application in the quickest time possible.

At the very least, if they cannot afford to instruct a solicitor to draft the whole of the application then they should get them to check and application/supporting evidence that they complete themselves to get them to highlight any omission or areas of concern or further clarification.

I am sorry that I could not have better news for you, but they UKBA need an application to be submitted in order to grant leave to remain.

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Kind regards,