Post
by BenMhor » Sat Jan 30, 2016 4:27 pm
We were refused our application for a FLR(M) visa based on (alleged) incomplete provision of documentary financial evidence (after residing in the UK for 2 and half years). As such we were instead granted a 10 year route discretionary leave to remain visa but the very onerous 10 year route variety. Our FLR(M) refusal decision was utterly flawed as the case officer claimed (a) we hadn't provided mortgage statement to attest to ownership of rental property even though we had provided title deeds in the alternative (as allowed under the Rules) and we own the property outright (so no mortgage anyway) (b) claimed we had not provided 12 month bank statements even though the Rules do not require a full 12 months worth of statement only that you provide statements FROM the last 12 months and for which the income is relied on and (c) could not see rental payments being made on bank statements (which were paid in and visible (they probably claimed this since I suspect they were looking for the tenant's name (and had not checked that payments were to be made by the property agent to us net of their fees as per the tenancy agreement also supplied). Clear and outright case working errors and yet a nightmare to fix. Any idea (1) how successful the Judicial Review route is (b) does the HO normally respond to PreAction letters in such clear, and outright cases (ie where it is almost impossible for the HO to contest) (c) how long the JR process normally takes (c) any other options..?
