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appeal or administrative review for refused FLR(M)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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estirichy
Newbie
Posts: 46
Joined: Wed Feb 20, 2013 7:39 pm

appeal or administrative review for refused FLR(M)

Post by estirichy » Fri Jul 08, 2016 1:21 pm

Hello every one

I need advise, I applied for a FLR(M) for my wife for further 30months, we refused the passport back today, they refused the application claiming the financial documents were not from the last financial year( if which it is). Instead they have given my wife a 30month leave on a 10year route, which means she can apply for settlement for another 10years.

My frustration is that I believe they have made a big mistake, because the financial documents I provided were all for the last financial year.
I have a limited company and my accounting year is July 31, so when I applied in May, I sent documents specified from Aug 2014- July 15, as payslips and dividend voucher up to April 2016, so I don't know why they are saying its not from last financial year. A letter from my accountant also stated all my income from the last financial year.

"You have claimed that your partner is earning £43,000 per year from self employment. The supporting documents you have provided are not for the last financial year and we are therefore unable to verify your income. You therefore do not meet the financial requirements in terms of leave set out in paragraph E-LTRO 3.1"

above is the wording from home office.

I want to know if I should go for administrative review or appeal? And the process involved

Thanks
estirichy

Experience members please help

estirichy
Newbie
Posts: 46
Joined: Wed Feb 20, 2013 7:39 pm

Re: appeal or administrative review for refused FLR(M)

Post by estirichy » Sat Jul 09, 2016 1:07 pm

Hi guys,
please an early response will be much appreciated as I have 14days in which to do anything, my mrs is distraught so please help, I have decided to write a letter to Home Office pointing out the error and ask for ECM review by email and by post. Only God knows if they will and how long they will that to reply.
They didn't give an option for AR or appeal so not sure what else I can do

Please help

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: appeal or administrative review for refused FLR(M)

Post by vinny » Sat Jul 09, 2016 3:40 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

estirichy
Newbie
Posts: 46
Joined: Wed Feb 20, 2013 7:39 pm

Re: appeal or administrative review for refused FLR(M)

Post by estirichy » Mon Jul 11, 2016 4:59 pm

Thank you. vinny for your advice and guide, I have written a request and will be sending it to the team that made the decision. Will update you of the outcome

estirichy
Newbie
Posts: 46
Joined: Wed Feb 20, 2013 7:39 pm

Re: appeal or administrative review for refused FLR(M)

Post by estirichy » Thu Sep 01, 2016 6:26 pm

Hi vinny and senior members

The ho has rejected the reconsideration request after 8 weeks of waiting, they claim the documents resubmited so they can fix their error was new evidence hence they cannot reconsider the decision.( this wasnt new info, itvwas part of the original applicatn, they obviously didnt even read the reconsideration request as I stated this in it.)

I have had it with these pathethic caseworkers, I will be swerving a PAP followed by JR.

Any advice on these will be appreciated

Thanks

estirichy
Newbie
Posts: 46
Joined: Wed Feb 20, 2013 7:39 pm

Re: appeal or administrative review for refused FLR(M)

Post by estirichy » Fri Sep 02, 2016 5:57 pm

Hi guys,
I am in the process of wring a pap, i want to ask can i be my wifes representative( our case is very straight foward and i dont think we need a solicitor)

I am happy to go to court with her and talk on her behalf, is there a procedure to follow to represent her and should I tell home office this in the pap letter?

Thanks

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: appeal or administrative review for refused FLR(M)

Post by vinny » Sat Sep 03, 2016 12:35 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

estirichy
Newbie
Posts: 46
Joined: Wed Feb 20, 2013 7:39 pm

Re: appeal or administrative review for refused FLR(M)

Post by estirichy » Wed Sep 07, 2016 6:15 pm

Thanks vinny for the info

In filling the JR form do I use myself( applicants husband) as my wifes representative? Of not how do I tell the court I will be speaking for my wife...

Thanks

estirichy
Newbie
Posts: 46
Joined: Wed Feb 20, 2013 7:39 pm

Re: appeal or administrative review for refused FLR(M)

Post by estirichy » Thu Sep 08, 2016 9:10 pm

estirichy wrote:Thanks vinny for the info

In filling the JR form do I use myself( applicants husband) as my wifes representative? Of not how do I tell the court I will be speaking for my wife...

Thanks
anyone on here done a JR for their spouse without solicitor? please help, I just need to know how I will tel the court that I will be speaking on behalf of my mrs.

thanks

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