* ILR - what if I get refused? *****

Loopy · Post by **Loopy** » Wed Jul 18, 2007 8:25 pm

My wife came over with a visa to get married within 6 months, we got married the visa then got switched to a 2 year spouse visa. 2 years later we no have to get an ILR; this is the stage we're at now and applied this week by post.

question is, what if she gets refused? is she allowed to apply for an FLR(M)? This (slightly rude and arrogant) guy on the phone when i rung up the home office helpline reckons the FLR(M) is only for extensions in some kind of emergency or cicrumstance (can't remember what examples he gave) but he basically said we wouldn't be able to apply for itif she got rejected for the ILR.

Apparently, she would have to either appeal (if allowed to) or go back to her home country and reapply for another 2 year spouse visa!!! Which makes no sense at all!

why MIGHT she get rejected you ask? Well, we are unable to provide evidence for some of the months of the 2 years to proove we lived together apart from covering letters of the landlord where we lived and the our GP at the time. Has anyone else experienced this and should I be worried?

Any help would be greatly greatly appreciated...we love each other so much, and its gut renching and heart breaking when i think about how we may be forced apart on two sides of the world..and then to have to endure going to the embassy in her home country again were some of them are on power trips.

Wanderer · Post by **Wanderer** » Wed Jul 18, 2007 9:13 pm

Loopy wrote:My wife came over with a visa to get married within 6 months, we got married the visa then got switched to a 2 year spouse visa. 2 years later we no have to get an ILR; this is the stage we're at now and applied this week by post.

question is, what if she gets refused? is she allowed to apply for an FLR(M)? This (slightly rude and arrogant) guy on the phone when i rung up the home office helpline reckons the FLR(M) is only for extensions in some kind of emergency or cicrumstance (can't remember what examples he gave) but he basically said we wouldn't be able to apply for itif she got rejected for the ILR.

Apparently, she would have to either appeal (if allowed to) or go back to her home country and reapply for another 2 year spouse visa!!! Which makes no sense at all!

why MIGHT she get rejected you ask? Well, we are unable to provide evidence for some of the months of the 2 years to proove we lived together apart from covering letters of the landlord where we lived and the our GP at the time. Has anyone else experienced this and should I be worried?

Any help would be greatly greatly appreciated...we love each other so much, and its gut renching and heart breaking when i think about how we may be forced apart on two sides of the world..and then to have to endure going to the embassy in her home country again were some of them are on power trips. :(

I think it's form SET(M) you need mate. This is for ILR ie Permanent Residence. Form FLR(M) is the one you filled in last no need to apply for that again.

SET(M) is the expensive one tho I'm afraid, Â£750.00. I wouldn't worry about the missing proof, your married and still together that's 90% of the battle.

sakura · Post by **sakura** » Wed Jul 18, 2007 10:17 pm

I reckon your ILR should be ok, as long as the relationship is subsisting and you have evidence - not for all of the 2 years, but spread evenly across the two years.

If it does happen to get refused (btw did she do the Life in the UK test?), you can apply for FLR in-country. You wouldn't need to leave and re-apply for another spouse visa. An extension is possible (without having to leave the UK), so don't worry about what the guy says.

Two sides of the world..where's she from?

Loopy · Post by **Loopy** » Wed Jul 18, 2007 10:19 pm

yeah, it's set M we have applied for - isn't set (M) aka ILR?

well, anyway, it's set M we have applied for costing has 750squids - not cheap!

im just worried that the set M will get rejected, and if that happens, is it possible to apply for FLR (M) to stay for another 2 years and then reapply for set m again?

Loopy · Post by **Loopy** » Wed Jul 18, 2007 10:24 pm

thats just it, shes missing documented evidence such as a bank statement in her name and at the same address as me for a fair few months - the only thing we have got that ties us phycially to that address duing those months is a letter ofrom the home office to her giving her her passport back with the new 2 year visa, a covering letter from our landlord (with additional proof he owns the property) to say we lived there and also a covering letter from the GP at the time.

yeah, she passed her knowledge in life test. plus im a uk born and bred citizen (if that has any bearing).

She's from China.

sakura · Post by **sakura** » Wed Jul 18, 2007 10:31 pm

Loopy wrote:thats just it, shes missing documented evidence such as a bank statement in her name and at the same address as me for a fair few months - the only thing we have got that ties us phycially to that address duing those months is a letter ofrom the home office to her giving her her passport back with the new 2 year visa, a covering letter from our landlord (with additional proof he owns the property) to say we lived there and also a covering letter from the GP at the time.

yeah, she passed her knowledge in life test. plus im a uk born and bred citizen (if that has any bearing).

She's from China.

Umm...nope! No benefits there!

But you better learn mandarin (or cantonese or hakka or wherever she's from)!

Someone else can help you with the FLR business, since it is a little beyond my knowledge! I would have thought you can apply for FLR to make up any time they say she has lost (i..e lack of evidence, or long absences or something). Another 2 years on a spouse visa...unless it was due to long absences (which makes sense), I don't think you'd have to go down that route.

Loopy · Post by **Loopy** » Thu Jul 19, 2007 6:18 pm

do the covering letters carry no weight in the decision?

bl-2007 · Post by **bl-2007** » Thu Jul 19, 2007 9:44 pm

The test is one of subsistence not whether you have got enough documents although the home office would have you believe that.

I'll post the case you should rely on on an analagous basis if this arises and appeal against the refusal if needs be.

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* ILR - what if I get refused? *****