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FLR(M) permission to appeal from UT. Please HELP!!!

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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vaz2018
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Posts: 2
Joined: Tue Mar 13, 2018 6:14 pm

FLR(M) permission to appeal from UT. Please HELP!!!

Post by vaz2018 » Tue Mar 13, 2018 6:56 pm

Hi All,
We are in a pickle of a situation and would appreciate any help, comments or feedback from the experienced members please.

A bit of background:
My wife applied at PEO for FLR(M) to switch from Tier 1 visa to spouse visa in April 2016

Application refused due to suitability requirements (HO raised a tax discrepancy) although they had no reason to check her tax returns etc but they did and found a tax discrepancy and refused the application on basis of character, conduct and associations.

Bear in mind we met all the requirements for spouse visa

Hired a solicitor straightaway who advised to put in a fresh application ( my wife still had leave to remain under tier 1 for another month or so)

Applied second time at PEO after resolving the tax discrepancy but refused again on the same basis, HO did not consider that we sorted the issue. We were given a right to appeal at this point
Exercised the right to appeal via a new solicitor and after waiting over a year had a hearing at FTT in July 2017.

FTT dismissed the appeal and agreed with HO, basically FTT disregarded that we resolved the issue. The judge said we should have no problem relocating to my wife's home country as we both are educated and will get jobs easily but the judge assumed I could live in India and didn't give any consideration that I am a British Citizen.

We asked FTT for permission to appeal to UT which was also recently dismissed and the judge took the same view as the initial FTT judge.

The solicitor has now applied for permission from UT to appeal to UT and awaiting a decision, Solicitor says we can make a fresh application under FLR(FP) if UT refused permission.

My questions are as follows and any help will be much appreciated:

1. Is FLR(FP) only possible from inside the UK?

2. I understand the person will become an over stayer when all appeal rights are exhausted, what exactly is the time (in days) after UT has refused permission to appeal until the person becomes an over stayer?

3. What is the time limit given by UT to leave the UK if permission to appeal is refused?

4. Will the person be deemed as an over stayer or have problems to apply for EC as a spouse if left the UK voluntarily after appeal rights exhausted within time limit given by UT on own expense?

5. Will the chance of approval for FLR(FP) as a partner of a british citizen be higher if a British child is involved and there is a shared parental responsibility between both parents?

6. Will there be a right to appeal or Administrative Review either within or outside the UK if FLR(FP) is refused?

7. Will the person fall for refusal under suitability requirements ( conduct, character and associations when applying for FLR(FP) given the application is based outside the immigration rules?

8. Will the person fall for refusal again under suitability requirements for Entry Clearance for a spouse visa under (conduct, character and associations)?

9. What are the chances of successful spouse visa from outside the UK given the current circumstances or Is it advisable to stay and apply for FLR(FP) given the current circumstances?

I understand I have asked quite a few questions but any help will be appreciated especially from experienced members such as Obie, Vinny, Casa, CR001 etc.

Thanks in advance folks.

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