FLR-M Refused and Reapplied. Questions.

Hi guys

My FLRM was refused due to a genuine oversight where I failed to submit the A2 test. All other requirements including salary were satisfied.

I have now completed the A2 test and reapplied FLR M. My time line is as follows:

Previous leave to remain expiry: 22/01/2019
New FLRM submitted: 06/01/2019
Refused: 27/02/2019
Reapplied online using priority service: 28/01/2019
Priority appointment date: 06/03/2019

As I have reapplied within the 14 days of the refusal addressing the language test. My question is am I OK to continue my daily activities such as working as normal?

I would very much appreciate a response from
Anyone who has been through this.

Thanks.
JB

JJB789129 wrote: ↑

Sat Mar 02, 2019 7:40 pm

Hi guys

My FLRM was refused due to a genuine oversight where I failed to submit the A2 test. All other requirements including salary were satisfied.

I have now completed the A2 test and reapplied FLR M. My time line is as follows:

Previous leave to remain expiry: 22/01/2019
New FLRM submitted: 06/01/2019
Refused: 27/02/2019
Reapplied online using priority service: 28/01/2019
Priority appointment date: 06/03/2019

As I have reapplied within the 14 days of the refusal addressing the language test. My question is am I OK to continue my daily activities such as working as normal?

I would very much appreciate a response from
Anyone who has been through this.

Thanks.
JB

You might not be protected by section 3C because of submitting out of time application and therefore might not be able to legally work. But HO should have granted FLRfp under 10 years route which they usually do.

Thanks for your Reply. As per paragraph 39E of the immigration law I believe I can make a fresh application within 14 days of refusal as long as the first application was an “in-time” application. Is this correct?

Also they didnt grant on 10 year route because we don’t have a child even though my partner is a British citizen with a permanent job and a mortgage in the U.K. they don’t consider that as very significant obstacles. Thanks. JB

JJB789129 wrote: ↑

Sat Mar 02, 2019 8:33 pm

Thanks for your Reply. As per paragraph 39E of the immigration law I believe I can make a fresh application within 14 days of refusal as long as the first application was an “in-time” application. Is this correct?

Yes but it come in to play incase of extenuating circumstances such as sickness, disastrous or any compelling reason which still rest with caseworker discretion etc. but still it wont extend section 3C. If you have appealed it in time then section 3c should have continued till decision.

JJB789129 wrote: ↑

Sat Mar 02, 2019 8:33 pm

Also they didnt grant on 10 year route because we don’t have a child even though my partner is a British citizen with a permanent job and a mortgage in the U.K. they don’t consider that as very significant obstacles. Thanks. JB

There is no requirement of having child for 10 years route because it usually be granted where the applicant cant meet the requirement such as financial requirement/English language.

39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.


Above is the wording from gov.uk.. am i interpreting that incorrectly??

https://www.legislation.gov.uk/ukpga/1971/77/section/3C

A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section

So you’re saying.. I was wrong to reapply?

Were you given an appeal right?-

I agree there is no work rights. Any employment will be illegal. Had you exercised an appeal rights you would have secured work rights, or alternatively do a premium service.

Thanks for your reply,

Yes we were given appeal rights. But we were advised appeal is 50:50 as the judge may or may not consider the test as it was completed after the application date.

I have done a super priority appointment for next Wednesday. Is that the premium service?

Just to confirm, reapplication is a possiblity right, putting the work rights aside. As all else was good with the initial application. Now I have the A2 test. Is there a chance of approval?

Who is providing financial requirement.

My Partner is the sponsor who’s salary is thankfully comfortably above threshold.

Hi, sorry about your story. Can I ask you why you didn’t submit A2 certificate?

It was a genuine oversight or overconfidence you May say. I submitted other certificates such as A level English which they didn’t accept. As you can see I speak and write perfect English. It’s unfortunate.

Can someone confirm. Reapplication is going to be alright considering my timeline?

Their failure to give her an opportunity to satisfy the correct test may have been unlawful.

Thanks Vinnie. Now that I have passed the test and reapplied along with meeting all other requirements, is the reapplication going to be okay? Thanks

I was thinking along the same lines Vinny, that the decision seems kind of unlawful and OP may have had a realistic prospect of succeeding in an appeal.

Right, now that we have reapplied instead of appealing. What are the chances considering we meet all the requirements. Please can someone put my mind at ease with this?

This application is void, there is no legal basis to apply. You ought to seek legal advise.
Section 3C is extant and does to cease from being so until the 13th March 2019.

Thanks Obie. Reapplication was done by solicitor who advised reapplication based on paragraph 39E. Is it still void?

Well he or she clearly does not know what they are doing if they tell you to apply why appeal rights are yet to be exhausted.

Can you tell me why paragraph 39E won’t apply in my case ? Thanks

Were you not given a right of appeal, to be exercised within 14 days?

I was, but the letter also says. If you believe you have a reason to stay in the U.K. you must tell us by way of making an application as soon as possible. Infact we received the letter on 28/02 and reapplied on the same day. Also, I believe appeal rights do not need to be exhausted if u want to make another application. I am confused now. I have already applied and paid for a super priority application with the appointment booked for next week.

I am just confused how the application would be deemed as void when the law states, you can make a new application after refusal of a previous on time application within 14 days of refusal.

Please Kindly help me clarify?

JJB789129 wrote: ↑

Sun Mar 03, 2019 9:37 am

Also, I believe appeal rights do not need to be exhausted if u want to make another application.

What is your basis for saying this.

In my view 39E is not application to your case yet and I am very confident any competent legal practitioner will agree with me.

I am not sure what to do now.. what would you do?