Paused FLR M Application

[hadiyah]

Hi all,

I would like to give a very brief outline of our situation and hope someone can offer some advice.

I am a muslim, pakistani woman (british from birth) I met my wife several years ago in Pakistan. We applied for a fiance visa in Feb 2013 and were granted this within a month. My partner came in May 2013 and we entered into a CP August 2013. Unfortunately a few months prior to cp my work situation changed, in short company was bought by an non British company and my salary along with all staff was dropped to basic minimum wage. I immediately sought work elsewhere and was successful however there was a 2 month dip in my earnings. I sought legal advice and proceeded to apply for my wifes FLR M application. WE submitted this in Sept as her visa was due to expire on Oct 2nd 2013. In the 12 months prior to application I had earned well over the £18,600 however the home office disagreed and stated in a refusal letter that since I had worked for my last employers for more than 6 months they disregarded the annual earnings. And that was the sole reason for refusal. Our application was put on hold pending the outcome of the court of appeal. I accepted that I needed to earn more and worked very hard with the view to earn the right amount. When we made the FLR M application we stated very very clearly in our application that if they felt that we did not meet the requirement then to consider us under the exception, since as a lesbian couple we can not live in my wifes home country, Pakistan. They ignored this and only replied refusing on the sole basis that we did not meet the income threshold.

As the months passed, I got in contact with my local MP and asked for her support, since I now earn the right amount (im earning over £23,000 per annum) and I will have 6 months pay slips at the end of this month (March 2014) I was hoping they would accept that. The home office has replied to a letter from us and our MP stating that they will only consider new evidence if we withdraw the initial application. MY worry is, what happens if we withdraw the the paperwork/passport etc get back to us outside the 28 day grace period. Also since my partners visa expired on Oct 2nd and our application was paused, will withdrawing mean she is now outside that grace period?

When we wrote to the home office through the MP we mentioned again that in processing our FLR M application they had not considered the fact we fall in the exception to the rules but again they're response ignored this and only replied with the same refusal letter stating if we want them to consider change of circumstances then to withdraw and make a fresh application.

I would appreciate any help on this, is anyone out there in a similar situation. I am upset that they are ignoring the fact that regardless of what I earn they should consider me under theyre own exception rules and they refuse to acknowledge it.

We applied under the flr m because we believed me met the requirements and on advice of the lawyer mention in great detail the insurmountable obstacles to living in pakistan. Does anyone know why the Home office refused to look at this ?

I've heard that people have varied their applications, sending in a new application, paying the fee with new financial evidence and asking for them to vary the application. does anyone know if this can work?

Thank you in advance for any help and advice. Our lives are on hold... Thank you again for any help

[hadiyah]

Hi all

My wife's FLR M application is paused pending high court
Appeal, at the time of application I did not meet the income threshold. 6 months later I do and wanted to know if we could vary our application and submit new flr m application with new financial evidence and ask home office to vary our application.

Can this work since we would be submitting the same form only asking them to cinsider current earnings as no decision has been made.

Also we a're a lesbian couple and since I am British and my wife is Pakistani we can not live in Pakistan should we vary our application with the flr o applying under the exception ?

In our initial application we submitted a lot of evidence about the insurmountable obstacles in continuing a private life in Pakistan. The ECO ignored this completely in refusal letter anf we eveb wrote to home office through our MP asking them to consider us under the excaption 1, also providing new evidence to show i know earn over the 18,600 threshold. They ignored that again replying that they are fair and just ignoring the exception and saying we must wait for the outcome of the home offices appeal in High court....

It's horrible our lives are on hold my wife is not able to work or study how is she meant to intergrate into society? Its a joke as a British citizen I feel let down and frustrated by the home offices lack of sensibility and compassion.

Any help will be very much appreciated

Thank you

[Amber]

Did you consider applying under Cat B?

How much gross have you earned in the last 12 months and what is your current annual salary?

[hadiyah]

Hi Amber,

Thank you for your reply, yes that's what we did but since I'd worked for my previous company for 7 months they did not consider the 12 months, although technically if earned well over the minimum threshold in 12 months.
I had even put in my new work contract showing I was starting a new job on the 7th Oct, we had put my partners application in on 30th sept since her visa ran our on 2nd.

They refused putting it on hold saying I we want them to consider a change of circumstance then to withdraw. But won't that make her an overstayer?
A few weeks back we sent through out MP 4 months current payslips showing I am earning the right amount and pointed out that we fall under the exception but they won't budge.

=<

[hadiyah]

My gross was £21,100 but disregarded as I'd been in that job 7 months and I am now earning £23,000 salaried march is now my 6th month.

[Amber]

It should not have been disregarded, you can still apply under variable income Cat B even if you have worked for more than 6 months. You can ask them to review their decision again highlighting Cat B and supplying them 12 months wage slips/bank statements.

You could also consider varying. I would also like to say I am very pleased to see a civil partnership coming from Pakistan, I know how difficult it is in the Muslim community. Your partner is at serious risk of violence and abuse even from family members if they find out, which I'm sure you're aware of. Perhaps highlighting this when you are for a review/re-apply would be wise.

If you do not meet the requirement for FLR(M) it would be FLR(FP) rather than FLR(O).

You would need to illustrate the obstacles to living in Pakistan, but given it is a criminal offence and honour killings exist that should assist you.

[Greenie]

Just to add you don't need to withdraw the original application in order to vary your application.

[hadiyah]

Thank you both for your replies.

We did apply under Category B in our FLR-M application, but since I had been in my previous job for more than 6 months, not taking into account that in the 12 months prior to application, I exceeded the required amount,they calculated my earnings as salaried under Category A, and therefore under the minimum threshold. We made the application asking that if they found my earnings to be below the minimum income threshold, then to consider us under the exception since there are insurmountable obstacles to us continuing a private life in Pakistan. We did not just mention it, we wrote personal statements and included recent facts about Pakistan's legal stance on homosexuality all from verifiable sources. This was all ignored, they made no mention of this in their correspondence to us. All we receive from the Home Office are letters which are obviously templates, stating that in order for them to consider a change of circumstance (financial) we need to withdraw and re-apply.

We do not want to withdraw the application and risk the paperwork getting back to us late, and being unable to re-apply within the 28 day grace period.


Varying Application

The Home Office guidelines on varying applications, found on gov.co.uk states the following:
An applicant can vary an application at any time before a decision is made on it. They can
do this if they want to be considered for a grant of leave on a different basis to their initial
application.


Varying seems like our best option, however, we are unsure how to proceed. Can we vary our paused FLR-M application with another FLR-M application, putting in a new FLR-M form, 6 months current pay slips, bank statements and letters from employers showing I now meet the income threshold according to their means of calculation? Will the Home Office accept that my change of employment and salary as a "different basis" to the initial application? The other option would be to, perhaps vary the existing FLR-M with an FLR-(FP)?

We would really appreciate any help, has anyone been in a similar situation and made a successful application after varying?


Thank you all in advance for any advice on this..

[Amber]

You can write back to them stating that it should have been considered under Cat B, regardless of how long you've worked for the company!

[hadiyah]

Hi Amber, we may attempt that too but as far as you know can we vary the paused flr m with another flr m ?

Can any gurus offer some advice please.

Kind regards

Hadiyah

[hadiyah]

Hi all,

Can anyone help with this question please, we only have a short time to make a decision on whether we vary with the flr m with flr m or two flr fp. Any advice would be very helpful.

Thank you all in advance.

Kind regards

[hadiyah]

Hi Amber,

Can you help with this please?

Kindest regards

[Amber]

You can vary an application before it is decided. I'm not sure if submitting the same application is a variation. Perhaps asking for a review based on new evidence would be more appropriate?