ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

FLR Refused.

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
derk
Newly Registered
Posts: 2
Joined: Sat Sep 26, 2015 11:25 pm

FLR Refused.

Post by derk » Sat Sep 26, 2015 11:51 pm

Good morning.
I have a very unusual situation and wondered if the experts here have ever heard of such a situation.

Firstly, my wife is a Chinese citizen. She is on the 5 year route to ILR as the Spouse of a UK citizen.
We applied for a Settlement Visa in 2012, which was granted and she entered the UK on 14th Nov, 2012.
Her application for FLR was recently refused for the following reasons;
1. We fail to meet the financial requirements.
2. She has already spent over 20 years, almost half her life in the UK.
3. She has failed to demonstrate she has an ongoing relationship with a child.
They also note she entered the UK on 4th Nov, 2012 and make reference to the 10 year route and rights as a refugee!

My wife entered the UK on 14th Nov, 2012, not 4th Nov.
I sent clear evidence of financial proof including 2 Pension letters and 10 bank statements clearly demonstrating an income above £24,000.
She has only spent 2 years 9 months in the UK.
We don't have any dependant children and that was clearly marked on the application form.

I'm at a loss to understand the refusal as it doesn't bare any resemblance to the facts submitted on the application. I have come to the conclusion that they have confused our application with perhaps someone of the same name, different circumstances, who entered the UK on 4th Nov, 2012.

Any advice?

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: FLR Refused.

Post by vinny » Sun Sep 27, 2015 12:23 am

Did they tell you about AR or Appeal?

When did she initially apply for her spouse visa?
When does her leave expire and how long was it granted for?

When did she apply for her extension?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

derk
Newly Registered
Posts: 2
Joined: Sat Sep 26, 2015 11:25 pm

Re: FLR Refused.

Post by derk » Sun Sep 27, 2015 3:12 pm

The original was made in China, August 2012 and we requested it was dated 10th Nov, which it was.

Her Visa has now expired (10th Aug, 2014), but we applied for FLR on 15th July, 2014.
They notified us of the right to appeal at a Tribunal, which we have completed online and received a letter of reply giving May 10th, 2016 as the date of a hearing.
They didn't notify us of AR, but after researching I have made a formal complaint to the UKVI Home Office requesting a full review and investigation. Still awaiting reply.

She was due to start her ESOL entry 3 course this month, but the College has advised they cannot admit her because her Visa has expired. However according to the Nationality, Immigration and Asylum Act, as far as I can make out, as long as we have appealed and until a final decision is made then her Visa is automatically extended to cover this period ???

The refusal just doesn't make any sense regarding our circumstances.
Is it possible we have received the refusal notice for someone by the same name who entered the UK on 4 th Nov, 2012, and has applied for FLR on different grounds?

I'm thinking my next move is to involve my local MP, or even the media, but I'll give them a month to respond to my request for an AR.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: FLR Refused.

Post by vinny » Tue Sep 29, 2015 3:05 am

Unfortunately, anything is possible.

I don't think that she has a right of a formal AR.
Rights and grounds of appeal: commencement and transition wrote:It is useful to note that Administrative Review was not expanded to cover short term students, visitors, partners or children of members of the Armed Forces and some Appendix Armed Forces decisions, family members under Part 8 or Appendix FM, asylum decisions under Part 11 and some others. All these types of applicant should if refused and if there are grounds to do so pursue a right of appeal under the new amended section 82 of the Nationality, Immigration and Asylum Act 2002, albeit on human rights or refugee grounds only.
It will be interesting to see what happens at the appeal. If a judge has to decide on Human rights grounds only, then would s/he be prevented from deciding in your wife's favour under the Appendix FM?

You are correct. Her leave is extended by Section 3C.

Make sure that your financial evidence satisfies the requirements of Appendix FM-SE.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Locked
cron