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FLR-FP refusal - next steps

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Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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hadenough
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Posts: 41
Joined: Fri Aug 25, 2017 2:26 pm
United Kingdom

Re: FLR-FP refusal - next steps

Post by hadenough » Tue Sep 25, 2018 11:11 am

Again bad advice from lawyers. These were the routes he was told to take. I hate that we can't even argue that as an explanation, it would just get ignored. It all started to go wrong with the FLR-HO application. That got refused, advised JR, that got refused now he's deemed an overstayer. At that point he was 3 months off of 10 years. He studied here, always paid taxes when he could work, was top employee at a bank and could easily have become manager had he had the opportunity...and now it's all broken and we're fighting to even stay together.

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CR001
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South Africa

Re: FLR-FP refusal - next steps

Post by CR001 » Tue Sep 25, 2018 11:21 am

Unfortunate, however it is the applicants responsibility to ensure they qualify for the application they have submitted, so unlikely this point can be 'argued or explained'.

His employer would have likely been able to sponsor him on tier 2 as well.

When did your partner cease working??
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

bathanza
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Joined: Sat Oct 15, 2016 6:56 pm
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Re: FLR-FP refusal - next steps

Post by bathanza » Tue Sep 25, 2018 11:46 am

hadenough wrote:
Tue Sep 25, 2018 11:11 am
Again bad advice from lawyers. These were the routes he was told to take. I hate that we can't even argue that as an explanation, it would just get ignored. It all started to go wrong with the FLR-HO application. That got refused, advised JR, that got refused now he's deemed an overstayer. At that point he was 3 months off of 10 years. He studied here, always paid taxes when he could work, was top employee at a bank and could easily have become manager had he had the opportunity...and now it's all broken and we're fighting to even stay together.
A JR is a perfect waste of money and time as it's the MOST expensive litigation around,

So awful to read this. Especially if there was 3 months left!

There is a risk for 320(11) I believe a strong cover letter explaining the situation with evidence of at what point things went wrong will hopefully allow you to get back into the UK, even with any JR/Appeals on Sri Lanka side.

Look for overstay applicants returning to the UK via entry clearance, there are plenty of members on this board who have had success stories with far more complexities (with fake IDs used!) and have come back - including a family member who came on a fake ID as a child, returned to home country and successfully came back after explaining WHY he had a fake ID. There is hope hun

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

hadenough
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Posts: 41
Joined: Fri Aug 25, 2017 2:26 pm
United Kingdom

Re: FLR-FP refusal - next steps

Post by hadenough » Mon Nov 12, 2018 3:38 pm

Thank you for your help. I really appreciate you taking the time. Its been quite a hectic, tiresome, frustrating 2 months and sorry for not updating and getting back sooner. hope you all are doing well.


I know you all advised us for our next visa application, but I just wanted to check if there was anything else that we had perhaps missed, as we are starting to gather documents now ready to submit very soon.


As you know we have had some difficulty with our visa application from within the UK so we have temporarily left to live in Bahrain with his husbands parents. He now has a resident work visa for Bahrain for a year and so can now apply from here. We are looking to apply for a Spousal visa from Bahrain and were hoping you would be able to provide some guidance as to which documents we need to submit, including anything that isn’t necessarily listed on the Gov website that may help our case. Would you be able to assist us with a list so we can check we have all documents or send off for what is missing?


We have had a look through the application form and all seems straight forward enough. We will be applying based on the savings financial requirement not my employment. Regarding bank statements I have printed statements from the bank accounts stamped by the banks up until Oct 2018 .I have changed my statements to paper versions which my parents can forward to us nearer the time, but there will obviously still be some missing days/weeks. Is it ok to send online statements with the application to fill these odd days? We could then follow up late with the next official paper statement to replace these.

We do have questions regarding 2 things they ask:


1 - they ask if he has any debts or CCJs.


he does have some debts but have been working with the DCA’s over the past few months to clear these. He has had full and final settlements accepted from one bank (1 debt) and 1 DCA (2 debts, 1 with a CCJ) and these have now been paid. We have paperwork confirming that these have been ‘partially settled’ and will no longer be chased or sold on to anyone else. he still has debt with 1 DCA (3 accounts, 2 of which have CCJs) but have been in communication with them for many months. They have been very helpful in accepting my situation but unfortunately we could not reach an agreement as to a full and final settlement figure so currently all 3 accounts with them are still on hold. We tried to explain we were having to leave the country due to my visa situation and so wanted to pay what we could before we left but their offer was still too high for us. They agreed that the accounts would be placed on hold for one year (so until Oct 2019). We have this in writing from them.


The reason he had these debts is because his visa in 2016 was rejected. Before then he had a straight credit score. he paid off all credit cards each month. When his visa rejected and he could no longer work, he could not pay off the debts and he is now suffering because of it.


My question is how will this affect our application? Will it go against us or will it be ok being that we have emails accepting etc account to be on hold? And the others that are paid off - is this good enough? Will the fact we have the cash savings (65k for the past 8 moths) for the visa application look odd if we're not paying this last debt? How do we word this so it doesn't look as though we're trying to get out of paying or cheating the system, because we're not - we have tried our hardest to come to an agreement before leaving the UK but sadly could not.

We also have a Home Office invoice from my JR in 2016 which I am paying monthly. The total amount was split between 36 months as that was the most they could do and so this will be paid off by 2021. Obviously if he can work again he can up the monthly installments to pay off sooner.


Should he write a separate letter / appendix to go through the debt situation?


Slightly related - our parents are helping us financially to go for a holiday / belated honeymoon as we have had an awful year, but we don’t want this to contradict the debt situation - should we just not mention it?


2. they ask if he has been previously rejected or asked to leave the country.


Obviously he has and have left etc country but this was voluntarily after bail. I don’t want the fact that he was detained to go against him as this was completely wrong and if they had actually interviewed him at report in he would have been able to explain that we were already planning to leave the country within the next week or 2. Should we write a separate letter / appendix to explain this? If there is any particular words or phrases we should use to help this sound less negative please let us know!


We have about 6 or 7 friends that can write letters for us, using the past letters as a base and extending on them. Is the main aim just for them to explain our relationship, prove its strength etc.? Is there any thing specific they should include, i.e. mention that despite doctors recommendations I traveled with him to Bahrain in support of him…?


I also wanted to ask about the IHS refund. We contacted them and have not heard anything back. We also asked the engagement officer whilst at detention to look into it but she has stopped replying to his emails.


3. The Home Office says they returned my documents in Nov 2017 when my FLR-FP was rejected but we have not received them. The lawyers we were with at the time have now shut down so cannot contact them. What can you advise us for this as the pack contains original documents, some of which cannot be replaced, or those that can are very expensive to have printed again. One particular document is his degree certificate from the UK - can we explain that these have already been seen and accepted by the HO and we can only provide copies, or is it a must that they see originals (even if already seen on previous application)?



Thank you very much in advance, look forward to hearing back from you

Mel

Auk333
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Posts: 170
Joined: Thu Dec 21, 2017 12:09 am
Pakistan

Re: FLR-FP refusal - next steps

Post by Auk333 » Sun Feb 17, 2019 11:57 am

hi, I hope everything goes well with you. so sorry about this all hassle you and your husband going through
so what's going on now is everything sorted yet?

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