I need help.. FLR(M) form refused...

[phatpen]

I am very confused at the moment and will be glad if someone can provide any useful insight into this problem of mine.

I applied for a COA to get married to my wife in Oct 2009 it was approved a month later and i got married in DEC 09.... prior to that i was on a student visa and after leaving university i got a job working full time. my student visa expired 15 days after i got married, so I applied for a FLR(m) spouse visa to remain with my wife..This was submitted in April 2010...incidentally, my wife got a bank draft for the payment of the application.. This was returned to us in August 2010 that it does not have the correct information on it..Hence, the error was rectified at the bank and was sent back to the HO, I did not hear from them again until Dec 2010. I was sent a letter to do my biometric .. which i did and after that i was sent a letter refusing my application! based on late application of FLR(M) form and working illegally in the UK.
I intend to seek legal advice as i was also told i need to contact someone at the regional office to discuss my departure from the UK before the 25th of Dec.. i am at a loss on what to do.

Is there any chance of appealing this decision? The letter that was sent to me states that There is no right of appeal against this refusal and at the end it states " should you fail to leave, enforcement action will be taken against you. Further consideration can be given to your case at that stage which could result in you being served with an enforcement decision, which may generate a right of appeal"
If anyone have an understanding of all this i will really appreciate a message from you....

[geriatrix]

In effect, you made an out-of-time application in April 2010 (student visa expired 15 days after marriage in Dec'09) which was subsequently returned and then you made another out-of-time application in August 2010 which has been refused.

Out-of-time applications to not get Section 3C/3Dprotection (therefore no right of appeal as well), hence you have been an overstayer in the UK since the day your student visa expired and have been working in the UK illegally. If you leave UK and make an entry clearance application as spouse of British citizen from outside the UK (e.g. - home country), the overstay will not have any adverse impact on the entry clearance application (320(7C)).

Whether or not the fact that you have been working in the UK illegally may have an impact on an entry clearance application (may) depend on how you managed to be employed / self-employed without authorisation.

Do you have any child(ren) from this marriage?

regards

[phatpen]

Thank you for your post sushdmehta...

We don't have any children from the marriage yet...but my partner has a son, who recently turned 18 ( I will consider him an adult)

I got the job while I took a year out of university, it was not through any illegal means ... I had a residence permit visa on my passport when i applied for the job but they did not do any further check.. hence i continued working..

Please advise, I am still working at same place - I am thinking of giving up the job and probably work on an appeal with a solicitor or will it be fruitless? I am very confused and depressed about the situation.
Many thanks

[geriatrix]

Do consider seeking legal advice on the matter.

In my personal opinion, returning to home country and applying for entry clearance may be the easiest / quickest way out of the problem.


regards

[Zebrudaya]

I quite agree with the advice of sushdmehta etc. You have to seek legal advice, especially with a solicitor who is well-versed in immigration matters. Please don`t be depressed. It can be sorted. People with more difficult situations have eventually pulled through. The HO, will want to reflect the feeling/thinking of the government by being seen to be tough on immigration matters. Chin up and goodluck.

[chinagef]

Do consider seeking legal advice on the matter.

In my personal opinion, returning to home country and applying for entry clearance may be the easiest / quickest way out of the problem.


regards

I agree - you may be served with removal directions when you leave and perhaps a ban between 1-10 years, however as per the above comments, the ban will be void and you could apply for a fresh entry clearance application as a spouse.