Tier 2 dependent extention refused. Want to apply for FLR(M).

Hello Immigrationboards

My sister is an ILR holder from Tier 2 General route and lives with her husband (on Tier 2 dependent) in the UK. She applied for his Tier 2 dependent extension from within the UK. The application was refused on maintenance grounds with the right to admin review. Refusal letter was sent on 11 October. Received 18 October. They now want to apply for FLR(M) as they feel the appeal will not be successful. But her own supporting documents that she sent the home office have not been returned and she needs them to apply for his FLR(M). Please note, on FLR(M) form she is not able to specify that Home Office has her documents (example: payslips).

What recourse does she have?

Thanks.

Has the dependent visa expired?

Have any documents been returned?

By how much did they fail the maintenance requirement?

Do they meet the minimum financial requirement for FLR(M) and English requirement?

FLR(M) will reset the clock for ILR to zero and it will be a new 5 year route to ILR (2 x 2.5 year visas).

CR001 wrote: ↑

Tue Oct 24, 2017 1:09 pm

Has the dependent visa expired?

Have any documents been returned?

By how much did they fail the maintenance requirement?

Do they meet the minimum financial requirement for FLR(M) and English requirement?

FLR(M) will reset the clock for ILR to zero and it will be a new 5 year route to ILR (2 x 2.5 year visas).

Thank you for your response.

1. Yes, the visa extension application was submitted around 4 weeks before it was due to expire. It has now expired.

2. None of the documents have been returned. Only a letter stating why the visa has been refused.

3. My sister earns more than enough to be able to maintain herself and her husband. Only trouble is, she transfers into my account whatever is left at the end of the month for safekeeping. I am aware for many this is an odd arrangement but it works for her because otherwise she finds herself overspending. She has access to those funds, of course, when necessary. She paid for the refused application and IHS with this money. Anyway, I supplied a letter and copies of my IDs with her application explaining this and showing she had been injecting money into my account. My sister made it clear on the application that this money is available to her and her husband on a moment's notice. In any case, now that this has been refused, we don't feel an administrative review is going to be successful. The only other options are for him to voluntarily leave the country (that we cannot do) or apply on another basis. Hence, the decision to go for FLR(M). I'm aware of the clock reset.

4. The minimum financial requirement for FLR(M) is 6 months payslips and corresponding bank statements showing money from the payslip being deposited into the account as well as a letter from the employer confirming her employment and stating the payslips are genuine. This will not be a problem and neither will the English language requirement as my sister's husband is American. What is going to be a problem, however, is that she is missing 3 months payslips because they had been submitted with her husbands now-refused Tier 2 PBS dependent extension and nowhere in the FLR(M) form is it possible to explain this lack of documentation.

Anyone know how my sister can go about getting her documents back?