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FLR(M) leave to remain refused - impact on extending Tier 2?

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Ahmedtalal
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Posts: 6
Joined: Fri Jun 03, 2016 5:14 pm

FLR(M) leave to remain refused - impact on extending Tier 2?

Post by Ahmedtalal » Fri Jun 03, 2016 5:43 pm

Hi everyone,

I would be most thankful if you could please advise me on my case, especially if you have any similar experience on such a scenario.

I am currently on a Tier 2 (General) leave to remain (this is my second) and before that I have held a Tier 4 visa as I have done a PhD in the UK. I got married to my British wife last year and this year (few months back) I applied for a leave to remain under the partner route (using FLR(M) form). However, unfortunately this application was refused as I couldn't meet the eligibility criteria for "genuine and subsisting relationship". This was mainly because I and my wife have not lived together in one accommodation because I work full time in one city and she studies full time in another city. I have indicated in that application that my wife be joining me this July after she finishes her studies, but I guess understandably caseworkers won't put any weight on what's going to happen in the future. And although I have provided evidence that my wife is a full-time student in another city and that I visit my wife regularly (train tickets, bus tickets) and have provided joint bank statements, these were not acceptable as evidence that I and my wife are in a genuine and subsisting relationship. So, I was refused for not meeting the eligibility criteria for the partner route and that we intend to live together permanently in the UK (E-LTRP1.7 and E-LRTP1.10).
I have decided not to appeal since the appeal process apparently can take up to 8-12 months in the UK. Instead I have decided to extend my Tier 2 (General) since my employer is keen to keep me in the job.
I have a couple of questions, which I will be most thankful if you have any idea about:

(1) Although I am going for a Tier 2 extension instead of re-applying with additional evidence using the FLR(M) form, I am planning to submit evidence that I and my wife are now living together (tenancy agreement, bills, bank statements etc). This is because I obviously have to declare that I have recently been refused leave to remain under the partner route for the reasons above. But now I want to address this issue by providing evidence that I and my wife are living together since she has finished her studies. Is that a reasonable approach? or will that be distracting as part of a Tier 2 extension?

(2) The second question, I have is more general and is really what is annoying me and worrying me the most. Will this refusal of partner leave to remain application, result in further refusals under Tier 2? or even if I want to re-apply again with fresh evidence on FLR(M)?

Kindly let me know if you have any idea on these issues, especially if you have a similar experience or situation.

Thanks very much.

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