PBS Dependent to FLR M Refused ( Main applicant is ILR LR)

sivara · Post by **sivara** » Fri Feb 08, 2019 11:25 am

Hi
I am also in same issue,
I did have tier 1 till last 30th January 2019 my wife came under tier 1 dependent on October 2018.
In December I got ILR through long residential route on December.
I did apply FLRM for my wife on January but she got refused Cz she do have less than 6month visa.

What can I do now?

Can I appeal or is it possible to apply fresh application a pbs depends?

Bit urgent need to apply before 13/02/18

Thanks

CR001 · Post by **CR001** » Fri Feb 08, 2019 11:31 am

1. Can you please desist from tagging onto topics that are not relevant to your circumstances.

2. What is the exact reason for the refusal?

3. What dates were her Tier 1 Dependent visa valid for??

sivara · Post by **sivara** » Fri Feb 08, 2019 8:20 pm

Suitability
Under Paragraph R-LTRP.1.1(c)(i) and R-LTRP.1.1(d)(i), your application does not fall for refusal on grounds of suitability under section S-LTR of Appendix FM.

Eligibility
Under paragraph R-LTRP.1.1.(c)(i) and R-LTRP.1.1.(d)(ii), you do not meet all of the eligibility requirements of Section E--LTRP of Appendix FM for the following reasons.
But
You meet the eligibility relationship requirement paragraphs E-LTRP.1.1 to 1.12

Eligibility immigration status requirement

You do not meet the eligibility immigration status Paragraph E-LTRP 2.1 to 2.2 because of you are currently in the UK with valid leave granted for period 6months or less. You there for failing to meet the requirement rule as a partner under paragraph E-LTRP.2.1. of Appendix FM of the Immigration Rules.

but
She got
Eligibility Financial Requirements
Eligibility English Requirements

Please, guide me through this refusal reasons

thanks

seagul · Post by **seagul** » Fri Feb 08, 2019 8:38 pm

sivara wrote: ↑
Fri Feb 08, 2019 8:20 pm
Suitability
Under Paragraph R-LTRP.1.1(c)(i) and R-LTRP.1.1(d)(i), your application does not fall for refusal on grounds of suitability under section S-LTR of Appendix FM.

Eligibility
Under paragraph R-LTRP.1.1.(c)(i) and R-LTRP.1.1.(d)(ii), you do not meet all of the eligibility requirements of Section E--LTRP of Appendix FM for the following reasons.
But
You meet the eligibility relationship requirement paragraphs E-LTRP.1.1 to 1.12

Eligibility immigration status requirement

You do not meet the eligibility immigration status Paragraph E-LTRP 2.1 to 2.2 because of you are currently in the UK with valid leave granted for period 6months or less. You there for failing to meet the requirement rule as a partner under paragraph E-LTRP.2.1. of Appendix FM of the Immigration Rules.

but
She got
Eligibility Financial Requirements
Eligibility English Requirements

Please, guide me through this refusal reasons

thanks

I think the refusal is totally wrong because her tier 1 depedant visa does allow her to switch in to FLRM even on last day of its expiry from UK.

sivara · Post by **sivara** » Fri Feb 08, 2019 9:29 pm

so what can I do at this point?
can I go for appeal or free application as POS dependent?
else she needs to go back to home country and apply from there as FLRM fresh application.

Please guide me.

seagul · Post by **seagul** » Fri Feb 08, 2019 10:09 pm

sivara wrote: ↑
Fri Feb 08, 2019 9:29 pm
so what can I do at this point?
can I go for appeal or free application as POS dependent?
else she needs to go back to home country and apply from there as FLRM fresh application.

Please guide me.

Don't reapply rather appeal it.

sivara · Post by **sivara** » Fri Feb 08, 2019 10:26 pm

HI seagul,
Is it possible to apply from back home?
Appeal hearing takes time according to my knowledge. I just want to avoid that stressful waiting soo long time.
that's the reason I applied my ILR through 10 years route in prime service and also my wife visa too.
is there any other route to get prime services?

Thanks

seagul · Post by **seagul** » Fri Feb 08, 2019 10:29 pm

sivara wrote: ↑
Fri Feb 08, 2019 10:26 pm
HI seagul,
Is it possible to apply from back home?
Appeal hearing takes time according to my knowledge. I just want to avoid that stressful waiting soo long time.
that's the reason I applied my ILR through 10 years route in prime service and also my wife visa too.
is there any other route to get prime services?

Thanks

Why not you involve your MP and ask for reconsideration too because its their mistake/lack of knowledge.

sivara · Post by **sivara** » Fri Feb 08, 2019 10:43 pm

Yes, I will try, but I do have a very short term to appeal before (12/02/2019).

seagul · Post by **seagul** » Fri Feb 08, 2019 10:53 pm

sivara wrote: ↑
Fri Feb 08, 2019 10:26 pm
HI seagul,
I just want to avoid that stressful waiting soo long time.

Doesn't that would be more stressful & painful when you both will be away during the course of re-applying from outside the UK. At least with appeal you both will be together with high chances of overturning of the refusal decision. I think appeal & also ask for reconsideration through MP.

sivara · Post by **sivara** » Fri Feb 08, 2019 11:36 pm

Hi
I am also in same issue,
I did have tier 1 till last 30th January 2019 my wife came under tier 1 dependent on October 2018.
In December I got ILR through long residential route on December.
I did apply FLRM for my wife on January but she got refused Cz she do have less than 6month visa.

What can I do now?

Can I appeal or is it possible to apply fresh application a pbs depends?

Bit urgent need to apply before 13/02/18

Suitability
Under Paragraph R-LTRP.1.1(c)(i) and R-LTRP.1.1(d)(i), your application does not fall for refusal on grounds of suitability under section S-LTR of Appendix FM.

Eligibility
Under paragraph R-LTRP.1.1.(c)(i) and R-LTRP.1.1.(d)(ii), you do not meet all of the eligibility requirements of Section E--LTRP of Appendix FM for the following reasons.
But
You meet the eligibility relationship requirement paragraphs E-LTRP.1.1 to 1.12

Eligibility immigration status requirement

You do not meet the eligibility immigration status Paragraph E-LTRP 2.1 to 2.2 because of you are currently in the UK with valid leave granted for period 6months or less. You there for failing to meet the requirement rule as a partner under paragraph E-LTRP.2.1. of Appendix FM of the Immigration Rules.

but
She got
Eligibility Financial Requirements
Eligibility English Requirements

Please, guide me through this refusal reasons

thanks

vinny · Post by **vinny** » Fri Feb 08, 2019 11:43 pm

How long was your wife's PBS dependant visa granted for?

sivara · Post by **sivara** » Sat Feb 09, 2019 12:14 am

from 18/09/2018 to 30/01/2019 (Until my visa expired) as PBS dependent.
But I switch my visa as ILR through 10 years route in premium service with new online service.

Casa · Post by **Casa** » Sat Feb 09, 2019 12:20 am

sivara wrote: ↑
Sat Feb 09, 2019 12:14 am
from 18/09/2018 to 30/01/2019 (Until my visa expired) as PBS dependent.
But I switch my visa as ILR through 10 years route in premium service with new online service.

That's the reason for refusal. Your wife is unable to extend a visa of less than 6 months under FLR(M). She won't be able to apply for FLR(M) from outside of the UK and will have to apply for a new entry visa.

sivara · Post by **sivara** » Sat Feb 09, 2019 12:40 am

But they mention on the application that "you can appeal this decision."

Casa · Post by **Casa** » Sat Feb 09, 2019 12:44 am

sivara wrote: ↑
Sat Feb 09, 2019 12:40 am
But they mention on the application that "you can appeal this decision."

Then it's your choice whether you appeal or apply for a Spouse Settlement visa from outside of the UK.

Jazz2007 · Post by **Jazz2007** » Sat Feb 09, 2019 1:21 am

Agreed with Casa, Appeal will not help in this issue.

Please see this

E-LTRP.2.1. The applicant must not be in the UK-

(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings

Technically your spouse is short of this requirement. Rest is your decision

sivara · Post by **sivara** » Sat Feb 09, 2019 1:41 pm

But she is my wife, she came under my visa (PBS dependent). if she can go and get a visa from back home How can't she get it from here? I am confused about this decision. can switch to any other visa? rather than go back home?

Jazz2007 · Post by **Jazz2007** » Sat Feb 09, 2019 3:59 pm

sivara wrote: ↑
Sat Feb 09, 2019 1:41 pm
But she is my wife, she came under my visa (PBS dependent). if she can go and get a visa from back home How can't she get it from here? I am confused about this decision. can switch to any other visa? rather than go back home?

Completely understand your situation brother, Please wait for seniors to comment on this.

seagul · Post by **seagul** » Sat Feb 09, 2019 7:57 pm

seagul wrote: ↑
Fri Feb 08, 2019 10:53 pm

sivara wrote: ↑
Fri Feb 08, 2019 10:26 pm
HI seagul,
I just want to avoid that stressful waiting soo long time.

Doesn't that would be more stressful & painful when you both will be away during the course of re-applying from outside the UK. At least with appeal you both will be together with high chances of overturning of the refusal decision. I think appeal & also ask for reconsideration through MP.

Since you are given with appeal right so you should definitely avail it.

Jazz2007 · Post by **Jazz2007** » Sat Feb 09, 2019 9:04 pm

seagul wrote: ↑
Sat Feb 09, 2019 7:57 pm

seagul wrote: ↑
Fri Feb 08, 2019 10:53 pm

sivara wrote: ↑
Fri Feb 08, 2019 10:26 pm
HI seagul,
I just want to avoid that stressful waiting soo long time.

Doesn't that would be more stressful & painful when you both will be away during the course of re-applying from outside the UK. At least with appeal you both will be together with high chances of overturning of the refusal decision. I think appeal & also ask for reconsideration through MP.
Since you are given with appeal right so you should definitely avail it.

Is it not good if OP sends his spouse to home country and apply for entry clearence. As you know appeal process is stressful and lengthy. His case is straightforward and have a high chance of getting through it.

Casa · Post by **Casa** » Sat Feb 09, 2019 9:23 pm

I agree. The Immigration Rules are clear.

seagul · Post by **seagul** » Sat Feb 09, 2019 9:58 pm

Jazz2007 wrote: ↑
Sat Feb 09, 2019 9:04 pm

seagul wrote: ↑
Sat Feb 09, 2019 7:57 pm

seagul wrote: ↑
Fri Feb 08, 2019 10:53 pm

sivara wrote: ↑
Fri Feb 08, 2019 10:26 pm
HI seagul,
I just want to avoid that stressful waiting soo long time.

Doesn't that would be more stressful & painful when you both will be away during the course of re-applying from outside the UK. At least with appeal you both will be together with high chances of overturning of the refusal decision. I think appeal & also ask for reconsideration through MP.
Since you are given with appeal right so you should definitely avail it.

Is it not good if OP sends his spouse to home country and apply for entry clearence. As you know appeal process is stressful and lengthy. His case is straightforward and have a high chance of getting through it.

All depends on individual circumstances as many couples can't afford to live apart even a day. However, if op can afford in sending his partner back home for entry clearance then its really up to him.

Casa · Post by **Casa** » Sat Feb 09, 2019 10:05 pm

seagul wrote: ↑
Sat Feb 09, 2019 9:58 pm

Jazz2007 wrote: ↑
Sat Feb 09, 2019 9:04 pm

seagul wrote: ↑
Sat Feb 09, 2019 7:57 pm

seagul wrote: ↑
Fri Feb 08, 2019 10:53 pm

Doesn't that would be more stressful & painful when you both will be away during the course of re-applying from outside the UK. At least with appeal you both will be together with high chances of overturning of the refusal decision. I think appeal & also ask for reconsideration through MP.
Since you are given with appeal right so you should definitely avail it.
The cost of the legal fees for an appeal is likely to be higher than the cost of a spouse entry visa and the wait for a decision could be 12 months or more, with no guarantee of success.
Is it not good if OP sends his spouse to home country and apply for entry clearence. As you know appeal process is stressful and lengthy. His case is straightforward and have a high chance of getting through it.
All depends on individual circumstances as many couples can't afford to live apart even a day. However, if op can afford in sending his partner back home for entry clearance then its really up to him.

seagul · Post by **seagul** » Sat Feb 09, 2019 10:31 pm

Casa wrote: ↑
Sat Feb 09, 2019 10:05 pm

seagul wrote: ↑
Sat Feb 09, 2019 9:58 pm

Jazz2007 wrote: ↑
Sat Feb 09, 2019 9:04 pm

seagul wrote: ↑
Sat Feb 09, 2019 7:57 pm

Since you are given with appeal right so you should definitely avail it.
The cost of the legal fees for an appeal is likely to be higher than the cost of a spouse entry visa and the wait for a decision could be 12 months or more, with no guarantee of success.
Is it not good if OP sends his spouse to home country and apply for entry clearence. As you know appeal process is stressful and lengthy. His case is straightforward and have a high chance of getting through it.
All depends on individual circumstances as many couples can't afford to live apart even a day. However, if op can afford in sending his partner back home for entry clearance then its really up to him.

And how about if op's decisions gets reconsidered even along or without appeal from inside the country like many others then won't that be much cheaper.

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