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Need Help - FLR(M) refused

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Ascot
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Need Help - FLR(M) refused

Post by Ascot » Sat Jan 23, 2010 8:10 pm

Hello, I am new on this forum and came across it whilst searching for help on the web.

I am a UK citizen, by birth and my wife has just had her FLR(M) application refused. We have been together for 5 yrs, married in the UK for 3yrs. She was initially here on a student visa and we applied for a COA. This was granted and we got married. As her student visa was still valid, we were not in a rush to fill out the FLR(M).
By the time we filled it out, my circumstance had changed. I was out of work (still am), and on benefits. We were quite unhappy about this as we felt it would prejudice the application.

Also, as the house we currently lived in was bought in my wife's name(for various reasons), we assumed it was a contravention of her student visa, so elected not to use it as our residence on the form.
We moved out and used a difference address. After submitting the application, the Home Office wrote us back and asked for proof of cohabitation in the form of utility bills in both our names. Because we had recently moved, we were unable to provide these.
We wrote back explaining the situation, and we heard nothing until we received the letter informing us of the refusal. It was refused on the grounds that (i)The Secretary of State is not satisfied the we intend to live together, (ii)The marriage is not subsisting.
We are appealing against the decision, but we need advice on how to move forward. Thanks

Thanks
Last edited by Ascot on Tue Jan 26, 2010 7:33 pm, edited 1 time in total.

vinny
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Post by vinny » Sat Jan 23, 2010 11:06 pm

I think that foreign students may own properties in the UK. What were the reasons for refusal?
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ElenaW
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Post by ElenaW » Sat Jan 23, 2010 11:35 pm

You should have stayed in the house that she owned. It would greatly add to your financial situation and take care of the accommodation requirement. Plus it's not difficult to find out if someone owns a property or not.
I tell it like it is.

Ascot
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Post by Ascot » Tue Jan 26, 2010 6:02 pm

vinny wrote:I think that foreign students may own properties in the UK. What were the reasons for refusal?
The reasons were -
(1) The Secretary of State is not satisfied that each party intends to live permanently as husband and wife
(2) The Secretary of State is not satisfied that the marriage is subsisting

Ascot
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Post by Ascot » Tue Jan 26, 2010 6:04 pm

boulevardofbrokendreams wrote:You should have stayed in the house that she owned. It would greatly add to your financial situation and take care of the accommodation requirement. Plus it's not difficult to find out if someone owns a property or not.
And how exactly does this statement help us in our current situation? I understand this forum was for advice, not for castigation and moral judgements.

ElenaW
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Location: Back and forth between California and Norwich :D

Post by ElenaW » Tue Jan 26, 2010 7:07 pm

I'm sorry my statement did not help.

Also this forum is not for giving advice as most of us are not OISC registered thus it's illegal for us to give advice. We are all giving our oppinions from personal experience and research.

Did you have any proof that your relationship was genuine? How long did you say you lived together on the application? If you said you've been together for 5 years and living together for some of that time but could not prove cohabition that may be why they're iffy on your relationship especially if you could not prove that you lived together after you got married.

If I were you I would re-apply and show proof that you both lived together in the home that your wife owns. Also gather evidence that you're currently living together where you are now.
I tell it like it is.

Ascot
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Joined: Sat Jan 23, 2010 5:47 pm

Post by Ascot » Tue Jan 26, 2010 7:38 pm

boulevardofbrokendreams wrote:I'm sorry my statement did not help.

Also this forum is not for giving advice as most of us are not OISC registered thus it's illegal for us to give advice. We are all giving our opinions from personal experience and research.

Did you have any proof that your relationship was genuine? How long did you say you lived together on the application? If you said you've been together for 5 years and living together for some of that time but could not prove cohabitation that may be why they're iffy on your relationship especially if you could not prove that you lived together after you got married.

If I were you I would re-apply and show proof that you both lived together in the home that your wife owns. Also gather evidence that you're currently living together where you are now.
Thanks for that. We do have proof that we are living together - Just not at the address we used on the FLR(M) form, as we had just moved there. Moreover, they asked to see proof of our current address,so we could not provide it at the time.
My wife was very worried about using the house we lived in at the time as (i've already explained) it was in her name and she was under the impression it contravened her (student) visa stipulations.

ElenaW
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Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Tue Jan 26, 2010 8:14 pm

Ascot wrote:
boulevardofbrokendreams wrote:I'm sorry my statement did not help.

Also this forum is not for giving advice as most of us are not OISC registered thus it's illegal for us to give advice. We are all giving our opinions from personal experience and research.

Did you have any proof that your relationship was genuine? How long did you say you lived together on the application? If you said you've been together for 5 years and living together for some of that time but could not prove cohabitation that may be why they're iffy on your relationship especially if you could not prove that you lived together after you got married.

If I were you I would re-apply and show proof that you both lived together in the home that your wife owns. Also gather evidence that you're currently living together where you are now.
Thanks for that. We do have proof that we are living together - Just not at the address we used on the FLR(M) form, as we had just moved there. Moreover, they asked to see proof of our current address,so we could not provide it at the time.
My wife was very worried about using the house we lived in at the time as (i've already explained) it was in her name and she was under the impression it contravened her (student) visa stipulations.
But as some time has passed can you gather proof of cohabition at the address that you did put on the flr(m) form?
I tell it like it is.

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