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FLRO Appeal Dismiss - What would u suggest I do- thanks

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Fio
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FLRO Appeal Dismiss - What would u suggest I do- thanks

Post by Fio » Fri Jun 24, 2016 11:19 pm

Hello everyone. Im married to a british citizen. We have an 8 months old baby girl together, Im living in England 11 months now ( I came with a visitor visa), so my baby was born here. I was advised to apply for an FLRO Visa so I wouldnt have to go back to my country and could stay with my family. the Home Ofice refused my application on the basis that I didnt prove that either my husband or my daughter were British citizens. I appealed and the fierst Tribunal has dismiss my appeal because they consider I had sought to bypass the immigration laws of the uk by entering as a visitor with no intention of returning to my country. Also that my husband doesnt meet the finantial requirement and that the best interest of my child is returning with me to my country while my husband enable an appropiate entry clearance application. I dont have money for a lawyer so any opinion would be much appreciate. I need to appeal because i need time to get everything sorted to go back with my daughter ie get her a passport, get the money for the tickets, i need to fisnish a course. But I have read the reasons to appeal to the upper tribunal and its about law itself so I dont know what to write, does anyone have a format. Will this answer play against me when i apply for an spouse visa within my country? my husband get pais per week will it count 52 weeks or still 12 months. what would be your advice. Im with my heart in pieces knowing that my family has to be apart. hope someone give me an advice. thanks in advance.

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CR001
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Re: FLRO Appeal Dismiss - What would u suggest I do- thanks

Post by CR001 » Sat Jun 25, 2016 10:28 am

Did you submit proof that your husband and child is British?

Did you pay the full cost of your NHS birth?

The refusal seems correct in that you have tried to circumvent the immigration rules by coming in as a visitor and then trying to switch. You were told back in September by Casa that you cannot switch visas as a visitor in the UK.

FLR(O) is not the correct one, you should have applied on FLR(FP).
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.

Fio
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Joined: Wed Sep 23, 2015 12:37 am

Re: FLRO Appeal Dismiss - What would u suggest I do- thanks

Post by Fio » Sat Jun 25, 2016 11:01 am

Thank you for your answer.
1.Yes, british citizenship is proved.
2. I have not get any letter with the amount of money we have to pay for my delivery, although I have reciveid a letter for a medicine and I had to pay the price itself and a penalty. My husband call and ask what else do I have to pay but they told him that medicine price was the only thing on my name.
Yes I was told before in this forum that I couldnt switch, but my husband called the home office and explain our case as our baby was only 3 weeks old. They told him that they can not help us however to have a look and FLRO visa on the website, and thats why we did it.
----My husband doesnt speak my language and doesnt earn 18,600. We just wanted to be together, going back to my country mean he would have to find another extra job for 6 months and then apply to an spouse visa which may take up to 3 months without talking, how can it be done to families? our countries are 6 hours difference it gonna be crazy to keep in touch with my baby.
-----My husband was the one who suggest to say that i came on visitor visa to live here as a family and now they said im not a genuine visitor and intended to remain in the uk, im afraid it will be take into consideration when i apply for an spouse visa :(
----I would like to go back to my country an apply for an spouse visa, but my husband wants to fight my case till the end so appeal to the UP but i think the are right about me entering this way and also now im taking an english course for mums in the local nursery i take my baby to activities, i may get a level 1 english certificate, does it class as a public found??
----how long do i have to go back to my country?? i need to get my baby passport and a permission of my husband to travel with my baby.
---thank you so much for your reply and the time your taking to reply, i really appreciate it.

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