Hi
No there wasn't any right for administrative review, he did a normal reconsideration request.i was employed, she passed A1 speaking and listening test. The wording was as follows :
12 July 2022, under the Appendix FM 5-year partner route.
However we have decided that you meet the requirements of the 10-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM. You have been granted on this route under EX.1 as it would be unreasonable to expect you to leave the UK because you have a British child.
The circumstances of your family in the United Kingdom require you to demonstrate that you meet the financial requirement of £18,600 per year
You have failed to demonstrate that you or your partner have an annual income of £18,600 per year either separately or with combined earnings. You therefore fail to fulfil E-LTRP.3.1 to E-LTRP 3.3 of Appendix FM of the Immigration Rules.
For further guidance on finance please visit
https://www.gov.uk/remain-in-uk-family/eligibility
You have not provided evidence that you have achieved a qualification in English language at a minimum of level A2 of the Common European Framework of Reference for Languages as stated in Appendix O of the Immigration Rules. You therefore fail to fulfil E-LTRP.4.1A to E-LTRP 4.2 of Appendix FM of the Immigration Rules.
For further guidance on English Language please visit
https://www.gov.uk/remain-in-uk-family/eligibility
Accordingly you have been granted a period of 30 months limited leave to remain on the 10-year partner route under paragraph D-LTRP.1.2. of Appendix FM.
We have decided that your application does not meet the requirements of paragraph GEN.1.11A. of Appendix FM. Your grant of limited leave to remain in the UK is therefore subject to a condition of No Recourse to Public Funds. This means you are not entitled to receive public funds to help meet your living and accommodation costs (or those of any dependants). In addition your sponsor is not entitled to claim or receive public funds on your behalf.
Further information on what this decision means for you is set out on the next page.
Yours sincerely,
GE
FLR(M)
on behalf of the Secretary of State
WHAT THIS MEANS FOR YOU NO ROA
You cannot appeal this decision.
Biometric Residence Permit
A Biometric Residence Permit (BRP) will be sent to you under separate cover. We have endorsed your BRP with limited leave to remain in the United Kingdom for 30 months.
You should receive your permit within 7 working days. A leaflet will accompany the permit which will give you more information about it.
However, if you do not receive the permit within 10 working days of the date of this letter or you find a mistake on your permit, please use the service at
www.gov.uk/brp.
Alternatively, you can inform us by post providing your full name, date of birth, nationality and contact details to the address below:
Freepost RRYX-GLYU-GXHZ
Returns Unit
P.O. Box 163
Bristol BS20 1AB
Please note that on delivery the courier will require proof of identity and a signature to confirm receipt of the package.
You are advised not to make any travel arrangements until you have received your BRP.
If you previously held a Biometric Residence Permit (BRP) you must now return it to the Home Office as it is no longer valid. You should cut the card in half and post it in a plain, windowless envelope. If you are returning the BRP from within the UK then please send it to: BRP Returns, P.O. Box 195, Bristol, BS20 1BT. If you are returning the BRP from outside of the UK please send it to: BRP Returns, Home Office, Conference House, Conference Avenue, Portishead Office Park, Portishead, Bristol. BS20 7LZ. You may be subject to a financial penalty if you fail to return your old BRP.
Furthermore, if your BRP is lost or stolen you must tell the Home Office or risk a financial penalty. Details about reporting lost and stolen BRPs are on our website at:
https://www.gov.uk/biometric-residence- ... en-damaged.
Employment
You may establish a business or take employment without the need to apply for a work permit.
Public Funds
The term “public funds” is defined in paragraph 6 of the Immigration Rules.
Information on the list of public funds which you are not allowed to claim can be found on GOV.UK at:
www.gov.uk/government/publications/publ ... blic-funds.
It is a condition of your stay that you must not receive any public funds. This condition is shown on your Biometric Residence Permit as “no public funds”.
If you do claim and receive any public funds to which you are not entitled, you will breach the conditions of your stay. Breaching the conditions of your stay is a criminal offence under section 24 of the Immigration Act 1971. This may result in your prosecution for that offence and/or curtailment of your leave to enter or remain in the United Kingdom. It may also result in any future application for further or indefinite leave to remain being refused.
However, there are some circumstances in which people who have the condition “no public funds” recorded on their BRP may be able to receive some public funds due to an exception. For example, there may be an agreement between the United Kingdom and their home country.
There are also benefits which you may be entitled to receive that are based on National Insurance contributions and are therefore not classified as non-contributory public funds.
To find out if this applies in your case, you should ask the agency or local authority responsible for the particular fund(s).
If you have received a public fund due to an exception or because you are entitled to it based on your National Insurance contributions, you will not be regarded as having had recourse to public funds. Claiming and receiving any of these benefits will not breach your conditions of stay.
Police Registration
If you have been required to register with the police you are no longer required to do so. Further information regarding who is required to register with the police can be found on GOV.UK at:
www.gov.uk/government/publications/police-registration.
Future Applications
You should apply for further leave in the prescribed manner no more than 28 days before the expiry of your current leave. If you apply earlier than that, your application may be refused. Please note you must continue to meet the requirements of the Immigration Rules, including at the time of all future applications. If you meet the criteria set out in the Immigration Rules, you will be given a further period of up to 30 months limited leave to remain.
Following a continuous period of lawful leave to remain in the UK of at least ten years (120 months), and subject to meeting the requirements of the Immigration Rules at the time, you will be eligible to apply for indefinite leave to remain in the UK.
Information on making a future application can be found on GOV.UK at:
www.gov.uk/visas-immigration.
If your relationship breaks down or your circumstances change during the period for which you have been allowed to stay, but you want to remain in the UK, you will need to apply and qualify to stay in the UK on a different basis. Details of how you can do this can be found on GOV.UK at the above address.
You can also seek assistance from an immigration advisor, however this is not mandatory, and choosing to use an immigration representative would be at your expense. If you do choose to appoint an advisor they must be registered with the Office of Immigration Services Commissioner (OISC) or be a qualified solicitor registered with the Law Society – details will be on the respective websites.
If you have any questions about this letter, please access the information on GOV.UK at:
www.gov.uk/uk-visas-immigration.
https://www.homeofficesurveys.homeoffic ... sasurveyuk
