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Spouse Extension Refused - Suitability & EX.1

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helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm
United Kingdom

Spouse Extension Refused - Suitability & EX.1

Post by helpplease! » Thu Jun 20, 2019 11:00 am

My FLR(M) Extension application has just been refused.

Most requirements have been met (Relationship, Immigration Status, Financial and English Language Requirements), However it was refused for two reasons;

1. Suitability
2. EX.1 Requirement - insurmountable obstacles.


For “Suitability”, the refusal states I have failed to pay litigation costs awarded to the Home Office. I believe I know what this relates to, it was costs awarded as part of a Judicial Review back in late 2014. After looking through my files, whilst we received an initial letter about these costs back in December 2014, it stated in such letter to await an invoice to pay. No invoice was ever received. This was at the time the TSol was transitioning into Government Legal Department, perhaps thats why I never received an invoice. It was never my intention not to pay, it simply became an oversight having never received any further correspondence/invoice. This is odd, as I have been granted visas since then, and this issue was never raised. I have today called the GLD to make payment, they said they will get back to me.

For "EX.1", it states I have a genuine and subsisting relationship with my British partner, however the Secretary of State has not seen any evidence that there are insurmountable obstacles in accordance with para EX.2 of Appendix FM, to continue our relationship outside of the UK. This is simply absurd. We applied for the FLR(M) extension under Category F as my husband has his own business (he is the sole Director and Shareholder) responsible for over 20 employees, where he himself is employed as a full time permanent Managing Director. Could they not see that this itself is an insurmountable obstacle? What must I have shown to prove there are indeed obstacles? Why did the Home Office tease me with an initial 2.5 year Spouse Visa on a 5 year route, to now state that there are now suddenly no obstacles? 2.5 years ago my husband didn't have this business so it doesn't make sense to refuse me on this ground now.

I have 14 days to Appeal. How best do I set out my appeal given the above two issues?

Thank you!

helpplease!
Junior Member
Posts: 66
Joined: Tue Dec 03, 2013 9:08 pm
United Kingdom

Re: Spouse Extension Refused - Suitability & EX.1

Post by helpplease! » Fri Jun 21, 2019 5:48 pm

Any help guys??

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