Please help - Its very urgent (Hearing date soon)

Hello All

Please help me with my one question below. I highly appreciate any help

my husband has ilr (We are married with no children)

i have an appeal hearing date soon for a rejected FLR FP application. i applied for flr fp because we could not meet the income requirement at that time. but now my husband income is well over 18600 since the past 8 months. my question is

1) Since our appeal is on humanitarian grounds (FLR(FP)), is it possible to request further submissions on the basis of our changed circumstances(FLR(M))?

Please advise!

Kind Regards

Sana
Sana Haq

anyone? can someone please advise?

Why your FLR(FP) was rejected ?

modern_newton wrote:Why your FLR(FP) was rejected ?

Thanks for your reply

it was rejected because we could not satisfy the insurmountable obstacles requirement. i have a family back in pakistan and we could not convince the home office. home office was off the opinion that me and my husband should go back to pakistan because i have family there. now my husband satisfy the flrm requirement of finance

Sana Haq wrote:

modern_newton wrote:Why your FLR(FP) was rejected ?

Thanks for your reply

it was rejected because we could not satisfy the insurmountable obstacles requirement. i have a family back in pakistan and we could not convince the home office. home office was off the opinion that me and my husband should go back to pakistan because i have family there. now my husband satisfy the flrm requirement of finance

Do u fullfill new english language requirement? New test introduce in November 2015. if no than u need your passport to sit in the english test exams.

HO wont give u back your passport for english test. Trinity and Ielts wont accept attested photo copy of your passport if HO send u that.

your only option is to go back and apply spouse visa from home country.

without child very hard to get decision in your favor ,

Route to ILR wrote:

Sana Haq wrote:

modern_newton wrote:Why your FLR(FP) was rejected ?

Thanks for your reply

it was rejected because we could not satisfy the insurmountable obstacles requirement. i have a family back in pakistan and we could not convince the home office. home office was off the opinion that me and my husband should go back to pakistan because i have family there. now my husband satisfy the flrm requirement of finance

Do u fullfill new english language requirement? New test introduce in November 2015. if no than u need your passport to sit in the english test exams.

HO wont give u back your passport for english test. Trinity and Ielts wont accept attested photo copy of your passport if HO send u that.

your only option is to go back and apply spouse visa from home country.

without child very hard to get decision in your favor ,

i have a uk based degree and i fulfill the language requirement.

cant my submit new grounds in flr fp appeal and ask home office to consider my flr m grounds? my husband satisfies the income requirement for flr m

In that case withdraw your appeal and put flr m within 28 days.

Dont waste your time on appeal. U won't get anything from court. they r very strict now a days. Even if u add new grounds (flrm) they will tell u to put a new application from home country.

Route to ILR wrote:In that case withdraw your appeal and put flr m within 28 days.

Dont waste your time on appeal. U won't get anything from court. they r very strict now a days. Even if u add new grounds (flrm) they will tell u to put a new application from home country.

thanks for your reply.


i thought of withdrawing this appeal and send a fresh flrm since we now fulfill the requirements for flrm but there is a problem. i am working for an employer since the past few months and if i withdraw my appeal then it will end section 3c and my work right. i am in limbo now on how best to manage the appeal withdrawl without jeopardizing my work situation

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.

hello Obie

i would be really grateful if you please answer this question in relation to your above advice

i have an flr fp appeal hearing date. i have UK masters degree, no children and husband holds ilr and earns well over 18600. Now i am eligible to apply for flrm so can i request home office and court to consider my case based on flrm grounds or shall i withdraw flr fp appeal and apply for fresh flrm?

my worry is that if i apply for fresh flrm and withdraw the appeal then that would end my work right and i will not get another appeal right if HO rejects my fresh flrm application for any possible reason

please help

thanks

Sana Haq wrote:

Route to ILR wrote:In that case withdraw your appeal and put flr m within 28 days.

Dont waste your time on appeal. U won't get anything from court. they r very strict now a days. Even if u add new grounds (flrm) they will tell u to put a new application from home country.

thanks for your reply.


i thought of withdrawing this appeal and send a fresh flrm since we now fulfill the requirements for flrm but there is a problem. i am working for an employer since the past few months and if i withdraw my appeal then it will end section 3c and my work right. i am in limbo now on how best to manage the appeal withdrawl without jeopardizing my work situation

my worry is that if i apply for fresh flrm and withdraw the appeal then that would end my work right and i will not get another appeal right if HO rejects my fresh flrm application for any possible reason

U need to be very very careful when making new application. Make sure your new application wont get invalid for any reason like fees, photos, filling correct version form etc etc.

U can't put a new application while appeal in process.

U can use premium service if u dont want to wait long for flrm decision. Even than same day decision is not guaranteed. As CW needs to see your original passport. if everything in order u will get visa in 2 weeks. it all depends oh the caseworker.

u need to withdraw the appeal first , get the appeal withdrawal confirmation than apply flr m.

Hope it helps.

Hello All

Can anyone please advise whether or not i am eligible for a same day Premium service for flrm application without passport?

my passport is currently with home office since they have rejected my flr fp application?

please advise

Sana Haq wrote:

modern_newton wrote:Why your FLR(FP) was rejected ?

Thanks for your reply

it was rejected because we could not satisfy the insurmountable obstacles requirement. i have a family back in pakistan and we could not convince the home office. home office was off the opinion that me and my husband should go back to pakistan because i have family there. now my husband satisfy the flrm requirement of finance

Sana

You are mixing up two things. FLR M and FLR (FP) are two different category. Your appeal is being heard about FLR FP so they will not bother about change in circumstances or discussing FLR M . New ecidence dont count any way so try to win this appeal

Sana Haq wrote:Hello All

Can anyone please advise whether or not i am eligible for a same day Premium service for flrm application without passport?

my passport is currently with home office since they have rejected my flr fp application?

please advise

Please stop creating new topics with each question you have. See Multiple Posts (click)
You can only apply for FLR(M) if you have withdrawn your FLR(FP) appeal and have confirmation of the withdrawal. Your premium appointment might get added to the postal pile if you do not have your passport.

thanks a lot

This might be useful for you


Withdrawal of appeals in the First-tier Tribunal
An appellant may withdraw an appeal:
• orally, at a hearing
• at any time, by filing written notice with the Tribunal

An appeal is treated as withdrawn on the day that the appellant requests that the
appeal be withdrawn. If a person makes a new application to the Secretary of State
on the same day that they have withdrawn their appeal then the new application
should be accepted. For these purposes, the person is to be treated as if they did not
have section 3C leave on the day that they withdrew their appeal.

As set out in Variation applications during section 3C leave an application cannot be
varied after a decision has been made on it. That means while the appeal is still
pending the only way a person can amend their application is to withdraw their
appeal, bringing their section 3C leave to an end.
Rule 17 of the First Tier Tribunal Procedure Rules 2014 governs the withdrawal of
appeals.

https://www.gov.uk/government/uploads/s ... ave-v6.pdf

Sana Haq wrote:thanks a lot

hi could you please let us know, what did you do at the end. did you change your flr fp to flrm or did you attend the hearing based on flr fp, your reply could benefit lots of people here

thanks

Please desist from raising these ageing thread, in any event the person you are seeking reply from has been banned, so there will be no response from her.