just been refused grant leave to remain help me please

[richard1959]

article 8 of the ECHR " familylife"
fritzie came on a fiancee visa in july.we married in december and applied for spouse visa.her visa expired on january 1st they say they did not receive our postal application until january 4th.
your advise would be welcome do we appeal or re apply if fritzie went home.
sorry if too brief im just heart brocken.
regards
richard

[Arthur Little]

fritzie came on a fiancee visa in july.we married in december and applied for spouse visa.her visa expired on january 1st they say they did not receive our postal application until january 4th.
your advise would be welcome do we appeal or re apply if fritzie went home.
sorry if too brief im just heart brocken.
regards
richard

... no need to apologise for being brief, Richard ... it's completely understandable in the circumstances. And you're bound to be still in a state of shock.

I'd imagine it was Further Leave to Remain - as opposed to a Spousal Visa - that Fritzie applied for, having come here as your fiancee back in July. Six months isn't really a lot of time for a couples to make wedding arrangements AND attend to the more mundane [albeit essential] matters like the myriad of paperwork associated with applying for visas. But then ... that's purely a personal opinion!

Experienced and knowledgeable members like Joe - and perhaps also, Terpe - are better qualified than me to guide and advise you as regards whether or not Fritzie is likely to be granted any extension of her Leave to Remain pending a possible appeal ... without having to return to the Philippines.

Which is one of the reasons Joe's asking when Fritzie's application was posted. If it was sent off before the end of December, then I would've thought allowance ought to have been made for January 1st, 2nd and - most probably the 3rd - being public holidays. And the fact that your application appears to have arrived on the first working day after New Year seems fair enough to me.

However, effective from 29 November past, it became a compulsory requirement for all non-European spouses to undergo a prescribed English Language Test ... as Terpe has explained. And since - by your own admission - Fritzie did not take this test, I'm frankly, surprised that it wasn't mentioned as being one of the reasons given for refusal.

- and disappointed - at the way things have turned out for you ... truly I am ... especially so on learning of the tremendous support Fritzie has been in caring for someone struggling with dementia. But hang on in there mate, ... hopefully help is at hand through the wisdom of the good folk we are fortunate in having on this forum.

[Dedworth]

Which is one of the reasons Joe's asking when Fritzie's application was posted. If it was sent off before the end of December, then I would've thought allowance ought to have been made for January 1st, 2nd and - most probably the 3rd - being public holidays. And the fact that your application appears to have arrived on the first working day after New Year seems fair enough to me.

I'd have thought for posting to have any bearing it would need to have gone recorded or special delivery so there is signed proof of delivery to the UKBA before 1/1. Anyway good luck to Richard and his wife

[Arthur Little]

I'd have thought for posting to have any bearing it would need to have gone recorded or special delivery so there is signed proof of delivery to the UKBA before 1/1.

Possibly it did get sent either Recorded or Special Delivery ... but what we're trying to establish is the actual date of postage!