# Spouse visa / student visa cancelled



## carlaodwyer78 (Oct 22, 2012)

Hi all,

This is really a difficult time for me and my husband as after our appointment at the ukba yesterday, my spouse visa was declined.

In fact, they gave me the option of withdraw the application, which we did, go back to my country (Brazil) and apply from there, which we don't want to do, obviously.

I had a student visa and was attending the college normally until the last module, when I did say to the head of the college that I was not happy with the teacher and asked him to change classes. He ignored me and I ended up not attending properly (only on the last module), only going once in a while just to find that that teacher was completely useless. Anyway, the head of the college decided to report me to the ukba for lack of attendance, and cancelled my sponsorship for my student visa. 

Yesterday during the appointment at the ukba they said they sent me a letter on the 3rd of July, which I did not receive and didn't even know about it, as they sent it to my previous address. Me and my husband got married on the 28th of June, so before they sent me the letter anyway.

During the appointment, my husband and I tried everything but they were helpless and said they were retaining my resident permit and that I would have to go back to Brazil to apply for the spouse visa from there.

My husband and I are desperate because we don't want to be apart and he can't leave his job here in the UK to stay with me in Brazil so we can apply from there and wait for the decision. I forgot to say, he is British and we have everything that they require, including maintenance and accommodation.

I was wondering if any of you would give me some hope and let me know what I can do. 

We're gutted as we just moved into our new place, we're decorating the flat, buying new furniture and everything, we were starting to plan our honeymoon trip, and now everything seems to have to be put on hold. 

Did anyone have a similar experience? And if so, what did you do? 

Thank you so much for reading my thread and hope someone can give me some advice.

Carla


----------



## LaraMascara (Oct 19, 2012)

That sucks. I'm so sorry.

I'm happy they did not charge you tho... Ya know!?

Did you live with your now husband for more than 2 years in the UK? If so, I think you can apply directly for ILR, with KOL pending, rather than for the Spouse Visa - but I am unsure because of the new rule changes. (KOL is the Life in the UK test.) Look into that! 

I think you are going to have to go to Brazil, and apply from there. You have no choice. 

You will need to explain what happened in your letter with the application. I believe that now that you are applying from outside the UK, only the UK citizens income is used in the application - perhaps someone on here will know this for sure.

I believe you can do an express service. I did that in NYC for my spouse visa, and it took only 4 days for us to get it!!! 

Don't worry too much. It is an inconvenience, and an expense, and stressful and upsetting... but the GOOD NEWS is that you CAN get it sorted. 

And, the regulars on this board know a lot, and are really helpful... They can answer things better for you than I can, and they will be along shortly. 

Again, I am so sorry. But, it should be OK.


----------



## carlaodwyer78 (Oct 22, 2012)

LaraMascara, thank you so much for your reply 

They did take the payment though, *******s! Because I had to pay for the service before they started analysing all the documents 

We have been living together for 1 year and 4 months only, so it looks like I will have to go back to Brazil to apply from there, and I was reading on the website, their decision can take up to 6 months! Not happy with this at all 

Thanks again for your words, hopefully everything will get sorted, one way or the other, I will keep this thread updated


----------



## nyclon (Apr 3, 2011)

> Did you live with your now husband for more than 2 years in the UK? If so, I think you can apply directly for ILR, with KOL pending, rather than for the Spouse Visa - but I am unsure because of the new rule changes. (KOL is the Life in the UK test.) Look into that!


If she had been living with her husband for 2 years she could have chosen to apply for an unmarried partner visa, however it would not make her eligible for ILR.


----------



## 2farapart (Aug 18, 2011)

Hello Carla

This is a sorry situation indeed. As nyclon said, ILR won't be applicable to you (and the KOL pending endorsement has now been abolished too). If there was any way in which to reinstate your student sponsorship then you could apply from within the UK once again for FLR, but I expect it's doubtful and in all likelihood it does look like you will need to return to Brazil and apply under the new rules and financial requirement for a spouse visa. 

It doesn't appear that Brazil offers any fast-track priority service so there will be an inevitable period of separation with no shortcuts to making it any quicker. Is there somewhere you can stay in Brazil - perhaps with relatives - during the application process? 

I wish you the very best of luck.


----------



## Joppa (Sep 7, 2009)

Sorry to have to say this but I think UKBA acted correctly to refuse you FLR as spouse.
After the withdrawal of sponsorship, UKBA had written to the address they had to inform you of curtailing (shortening) your stay. The fact you haven't received it is your fault, as any change in address on your BRP should have been reported. Presumably by the time you attended your PEO appointment, your leave had expired and you were an overstayer. As such you have forfeited your right for in-country switching and have no option but to apply in Brazil. If your overstay is less than 28 days, your next visa application shouldn't be affected. If it's longer, you will receive extra scrutiny.


----------



## carlaodwyer78 (Oct 22, 2012)

2farapart said:


> Hello Carla
> 
> This is a sorry situation indeed. As nyclon said, ILR won't be applicable to you (and the KOL pending endorsement has now been abolished too). If there was any way in which to reinstate your student sponsorship then you could apply from within the UK once again for FLR, but I expect it's doubtful and in all likelihood it does look like you will need to return to Brazil and apply under the new rules and financial requirement for a spouse visa.
> 
> ...



Yeah, I now know I will definitely have to go back to Brazil and apply from there. Regarding having where to stay, my whole family lives there, I'll be going to my dad's house. There isn't any fast-track priority service over there, so I'm thinking it can take up to 6 months for me to have the visa, and my husband will be visiting me once a month; he'll actually go with me now and use his holidays at work, so things will be sorted. 

Thanks a lot


----------

