FLR(M) refused twice after Jr application came success

[spousecard]

I am a Barbadian national came here in 2003 attended college and successfully renewed my visa at the end of every course. In 2008 after completing a business course I applied for the two year post study work visa which was granted about 11 months after the application was made and was due to expire in July 2011.
In May 2011 I got married to my British partner whom I had been with for three years. At the time we got married she was living in Wales while I was in London.
In July after my visa expired I applied for further leave to remain. The application was received the same day the visa expired.

After monitoring my bank account for a couple of weeks I realised the monies was not taken by the UKBA and from experience I was aware that there could be a problem. I contacted the UKBA asking why the monies haven't been taken I was told that the matter would be investigated and i would be contacted by a member of the team. Being concerned, I didn't wait until I was contacted but called again three days later and I was again told to wait.

On the 6th of August 2011 I received my application which was returned, as they stated there was a problem with the payment page. I was sure that this page was completed and sent but I it was not in the application form when they returned it. I was asked to complete the payment page and return the application which I did. On the 21st of September 2011 my application returned with my visa being refused I was asked to leave as I had no rights to be here. The application was refused on the basis that an application was made when I had there was no leave to remain (but the application was returned upon their request), and my wife and i is not leaving together at the time the application was made stating that the marriage is not subsisting even though the reason was explained fully.

I then applied for the decision to be reconsidered they promised to to so. After a year not hearing from them my wife contacted her MP he was told that they will look in my matter when resources are available. After a couple of months I had my solicitor to file a complaint through UKBA's complaints unit after 20 days they replied only to refuse the application for the second time and should again leave and my wife should leave with me which was in November 2012.

I then changed solicitors and in applied for a Judicial Review in February 2013. The UKBA was suppose to file their acknowledgment of service but they didn't and requested an extension of time which was refused by my solicitor.

On the 13th May 2013 TOSL requested that I withdraw my JR application and my initial visa application which was made in July 2011 would be reconsidered and treated as if it was made in-time but I shouldn't request cost. I see this as a great result. My wife and i is living together and I am sure that my visa will be granted this time.

We should never give up UKBA should never have the final say. To anyone in the situation keep fighting.

[vinny]

my initial visa application which was made in July 2011 would be reconsidered and treated as if it was made in-time

Rightly so.

[spousecard]

Hi Vinny,
I've been reading numerous post and I've noticed you have extensive knowledge in the immigration field.

It will be ten years since am living in the UK. If i were to get ILR this July through the spouse route Flr(m) can I apply for British citizenship straight away.

[vinny]

Yes.

[spousecard]

Thanks

[spousecard]

Hi Vinny,
I got my spouse visa yesterday. I came to the United Kingdom in August 2003, since August 2013 marks ten years since I've been here I would like to know if I can apply for ILR under the 10 year long residence route instead of waiting for the two year probationary period to end.

[vinny]

Yes. Include their confirmation that your initial FLR(M) application, which was made in July 2011 was reconsidered and treated as if it was made in-time.

[waqas40581]

Hi Vinny,
I've been reading numerous post and I've noticed you have extensive knowledge in the immigration field.

It will be ten years since am living in the UK. If i were to get ILR this July through the spouse route Flr(m) can I apply for British citizenship straight away.

Hi spousecard,

I am in a same situation as you were,I applied for extension of
My British spouse visa after my first 2.5 years finished but they refuses my application bcz of toeic and they said they don't believe our relation is geneiun I Dnt know why we been living together for last 3 years . They have not give any appeal right inside country after that I did a solicitor and solicitor asked me to file JR but as you know you have to file pre action protocol before filing JR as it is legal step you must be aware of that, after filing pre action protocol UKBA sent me a letter that they are reconsidering my case.
I want to ask you when UKBA said to you they are reconsidering your case after your JR. Did you get your visa directly or they gave you appeal right inside country and you got it after appeal?
I am sorry if there was any spelling mistake as I typing from mobile

Thanks

[noajthan]

Member in question last visited community 3 years ago.
And there is no UKBA anymore, they were found not fit for purpose.

if you have a question suggest create own topic.