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Refused FLR M Spouse Application based on fewer wage slips

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ayem
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Posts: 15
Joined: Wed Apr 10, 2013 9:26 pm

Refused FLR M Spouse Application based on fewer wage slips

Post by ayem » Wed Apr 10, 2013 10:37 pm

Hi,

I applied for mine and my daughter's FLR M visa in February and received a refusal letter from them based on fewer wage slips of my husband. My husband is earning well into the income threshold for us, he switched employers 6 months back and we attached wage slips for current and previous employer. for previous one we attached the P45 + 1 wage slip and highlighted all the salaries coming in on his bank statements too. We think they didnt considered the P45 and needed employer letters stating length of employment, status, salary etc. as they've written in the refusal letter quoting some immigration appendix.

It was a matter of simple query IMHO ... had they asked for required stuff we'd have promptly provided them everything.

I've got 3-4 days left for the appeal. Their appeal form (IAFT-1) looks really tricky and complicated .. now my query is:

If anyone can help me in filling the form i.e., what GROUNDS OF APPEAL should I exactly give. (ref: page 6 of form) - comes under question 8 - non- assylum decision

vinny
Moderator
Posts: 30524
Joined: Tue Sep 25, 2007 7:58 pm

Re: Set F, MN1 or FLR O? Which visa to go for?

Post by vinny » Mon Oct 07, 2013 11:28 pm

ayem wrote:My husband has indefinite after 10 yr rule, i previously had tier 2 dependant visa and so does my 3 yr old who is born here.

we both applied on flr (m), for some reasons mine was refused in march and its in appeal right now, hearing in late november. UKBA gave me right of appeal since my visa was expired but my daughter's valid till oct 21 so she wasnt granted right of appeal. Our passports are still with home office.

Now we need to apply for her visa, I called home office and after some thought they said u can apply for her indef on set f, I called again today since my requested return of docs were not here, I asked again for advice on visa form and today they said FLR O for her but she also said alternatively since my husband has ILR and daughter is born here, we can register her as british citizen on MN1 form.

So now we are confused what to do.

Any suggestions?

Thanks
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Posts: 30524
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Mon Oct 07, 2013 11:33 pm

Continue with your appeal. Produce additional evidence.

UK born child is now entitled to register for British citizenship using MN1.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ayem
Newly Registered
Posts: 15
Joined: Wed Apr 10, 2013 9:26 pm

Post by ayem » Mon Oct 07, 2013 11:48 pm

thanks a lot. In the guidance they say parents and dont use the words "either" or "both" for parents so it has got me confused what to follow.

vinny
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Posts: 30524
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Mon Oct 07, 2013 11:53 pm

1 wrote:(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ayem
Newly Registered
Posts: 15
Joined: Wed Apr 10, 2013 9:26 pm

Re: Refused FLR M Spouse Application based on fewer wage sli

Post by ayem » Tue Jan 07, 2014 2:42 am

Just wanted to make an update.

My appeal was to be done in Nov end. Home office withdrew decision a day before. Asked me to send husband's p60 (irony since they didnt accepted the p45). which I faxed them. Got my visa and daughter's in a month time even though daughter didnt get appeal right since her visa was valid.

I want my appeal fees back now :roll:

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