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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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my husband applied for his spouse visa before july 9th 2012

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my husband applied for his spouse visa before july 9th 2012 online however he was unable to make a payment at the office as the offices in his country were closed and didnt open until the deadline passed . At the time we argued he had a home office number from before the deadline and it was not his fault he could not pay the fee until their offices opened as they had unusually shut them and it was not a public holiday or anything. We were told tough luck and told we had to reapply under the new rules which we had no choice but to do so despite letters supporting us from mps etc. Now I rang the uk immigration last week to ask what I should do next as my husbands visa expires in January 2015 and they told me he should apply for settlement as his visa is only 27 months and if it was issued under new rules it should be more than that therefore he must actually be under old rules. I rang twice and asked two different advisors and got the same answer. Unfortunately I don't really trust this as I felt we were told quite strongly originally that we were just unlucky and they made all sorts of excuses up to justify why we were under new rules . What is the lawful position and should we now organise his life in the uk test and apply for settlement as im worried we will be told we should have extended visa instead at the last minute and lose our money . Niether advisor I spoke to would take my husbands details so that they could check but just went on the basis of their own experience I suppose. I really hope he is under the old rules but don't want to waste money or get our hope raised for nothing Please can you clarify if the fact his spouse visa expires after 27 months means we are under the old rules afterall and if I took a loan now to pay for a solicitor to process his settlement would that be detrimental to his settlement


Was the application made online and if so, when was it made? What are the start and end dates of his current visa?

Customer: replied 3 years ago.

Hi thank you for responding. My husband applied in Gambia( he is a Sierra Leonean). He applied online with an agent on the 4th July 2012 and his visa dates are valid from 22/10/2012 to 22/01/2015. He entered uk on 9/11/2012 . The uk immigration advisors were quite sure he was on old rules but refused to take his details to check it out specifically for me . I am confused because we complained at the time that we should be on old rules but they said we were on new and now it seems fortunately for us he may well be n the old rules after all! The uk embassy in Gambia was shut and the only appointmens given to provide the supporting docs and pay the fee were from the 10th July. I even sought my mps advice before submitting and he was also unhappy about the situation that then occurred where my husband was turned away on the tenth and given a new form to complete on the new rules . I was able to get my husband in on the new rules due to my disability meaning the income level of 18600 was ignored but believed he was on new rules.

Thank you Fiona.
It appears to me that your husband is under the old rules as he applied before 9 July 2012 and he may apply for settlement 28 days before the 2nd anniversary of his arrival in the UK I.e. From 12 October 2014.
You do not need a solicitor to help with the application unless you really have to, as long as he has passed the life in the UK test and the English test, he will be fine. All that is required is evidence of cohabitation for the 2 year probationary period e.g bank statements, doctors letters, DWP letters, utility bills etc
The form to use is SET(M) and he may apply in person or by post
You taking out a loan to pay a solicitor will not affect the application.
Hope this clarifies
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