FLRM refused - appeal or make a new application

Hello,

Really hope someone can help me out with this.

I made the FLRM application on 27/01 before my student visa expires. The application was refused on 11/8 by HOme Office solely due to the financial requirement was considered not met at the time of my application. However, we have now actually met the financial requirement by employment income and cash savings for 6 months. I have lodged an appeal against HOme Office's decision with grounds of unlawful decision (we have now indeed met the financial requirement), and also under Article 8 Human RIghts. I have couple of questions as below:
1. Should I wait for the appeal hearing, or should I make a fresh application, as we now have actually met the financial requirements.
2. Is there any other way I can vary the grounds (such as making FLRO application?) in order to get the visa, without having to withdraw the appeal to make the application (which will cease my right to work - and I am working and don't want to loose my job).
3. How is my chance of success if I carry on with the appeal?
4. And if I withdraw the appeal and make a fresh application, is there any chances my new application will be refused as I have become an overstayer when I withdraw my appeal?
5. Eg the FLRM refused on 11.08. Appeal on 26.08. WIthdraw appeal and make new application on 20.09. If the new application is refused, am I considered being an overstay for more than 28 days, then automatically be banned for 1 year visa to the UK if I have to comeback my home country to make another application from there to come back to the UK with my partner?

Thank you

You shouldn't be banned as you're applying under Appendix FM and thus A320 applies so it would only matter if you had additionally frustrated the immigration rules.

Amber wrote:You shouldn't be banned as you're applying under Appendix FM and this A320 applies so it would only matter if you had additionally frustrated the immigration rules.

Hi Amber,

Thank you very much, you are such a star. Can I just clarify that am I able to make a fresh application within 28 days of withdrawing the appeal date, even though my visa has expired in Jan 2014?

1.4 RFL5.4 When does rule 320(7B) not apply? - rule A320
Under paragraph A320 of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under appendix FM.

so if I make a new FLRM application to leave and remain, not for settlement (the first time I apply since we got married), does rule A320 applies?

Eg if I make a fresh application by post (I assume I can't make a new application by in person as my Passport is retained by Home Office) as soon as I withdraw the appeal,I will start become an overstayers since that date. By the time I hear the decision from Home Office, , it will be surely have overstayed for more than 28 days, or might be 3month (I reckon it takes 2-3 months for Home Office to process the application). So if the new application is refused again, Does that mean I will have to come back to my home country without a right to appeal and all future re entry applications will be automatically banned for 1year?

Thank you so much

Wait for the appeal and present proof of satisfying the financial requirement. Withdrawing your application will make you an overstayer and lose your appeal rights.

Amber wrote:Wait for the appeal and present proof of satisfying the financial requirement. Withdrawing your application will make you an overstayer and lose your appeal rights.

Amber,

Thank you for your advice. The solicitor we went with advised that we have a little chance to success with the appeal, and with current timeline, it may takes >6months to wait for the hearing date (we still haven't got hearing date yet). We don't want to wait that long, so we are thinking to withdraw the appeal and make a new application. If we have met all requirements of Immigration rules in FLRM application now, is there any chance Home Office will refuse/reject my new application??? And in that case, will A320 rule applies, or if it takes more than 90days for Home Office to decide my application, even I leave the country right after the refusal decision, will I be banned re-entry for 1 year?

I welcome professional advice and if any experienced solicitors in here have experience dealing with case like mine before, please feel free to get in touch. Many thanks

The only way to protect your employment status is to continue your appeal.

If you were to withdraw it, then you will become an overstayer, and Section 3C will come to an end.

You will be able to provide further evidence under Section 85(4).

There is nothing to vary, unless the matter is remitted to the Secretary of State again.

Essentially you will be able to present your case at that hearing. If you meet the requirements then, your appeal will be allowed.

Obie wrote:The only way to protect your employment status is to continue your appeal.

If you were to withdraw it, then you will become an overstayer, and Section 3C will come to an end.

You will be able to provide further evidence under Section 85(4).

There is nothing to vary, unless the matter is remitted to the Secretary of State again.

Essentially you will be able to present your case at that hearing. If you meet the requirements then, your appeal will be allowed.

Thank you very much Obie for your reply which has shed some light on my case.

To be honest as the matter is very important to us, we have been asking some solicitors about our case, but their opinions are very different in terms of success chance of my appeal. So very much appreciated everyone's time to give advice for me. If possible, can anyone recommend a good and realiable solicitor who can help with my appeal please?

In which region of the UK are you based?

What stage is your appeal at?

Obie wrote:In which region of the UK are you based?

What stage is your appeal at?

Thank you Obie,
ITs first tier Tribunal, I live in South West of England near Southampton.

Your appeal has not been heard, but you are currently being represented

Obie wrote:Your appeal has not been heard, but you are currently being represented

Obie,

Thank you for your reply. Yes my appeal has not been heard yet, and I am actually still waiting for the hearing date. Sorry could you please explain what you meant by "you re currently being represented" as I haven't got a solicitor to represent myself at the tribunal, and am looking for someone as you advised my appeal might possibly be allowed if we have met the financial requirements?

I get you now. I though you are currently with another solicitor.

Did you request for an Oral or paper appeal?

I am unable to give any firm details on open forum, once you have 10 message i will send a PM to you

Obie wrote:I get you now. I though you are currently with another solicitor.

Did you request for an Oral or paper appeal?

I am unable to give any firm details on open forum, once you have 10 message i will send a PM to you

Thanks Obie,

Ive requested an oral appeal and still waiting for the hearing date. I've been in touch with Sunrise solicitor in London and M-R Solicitors but haven't decided which firm to go with. Could anyone give a review/ suggestions please? Very much appreciated!