FLR(M) Refused .. Now overstayer

[ForeverDreaming]

Hi all,

I'm a long time reader, first time poster. I of course understand that the advice given here is no subtitute for a lawyer, but i just wanted to put my store out here and to ask for your views.

I was on a Teir 4 student visa when I met my partner over three years ago, during the relationship we decided to move in together. My visa was up for renewal so we decided to apply for a FLR(M) un-married partner visa. Stupidly i believed my visa expired on the 22nd November, but whilst completing my application on the 17th November, I noticed that it actually expired on the 2nd November.

I was horrified by this, but reading so much about the 28 days grace period I was slightly put at ease. We decided on the 23rd November to book a fast track premium service, with our appointment having been on the 28th November. We turned up and applied, though was gutted to find out that the grace petiod was changed to 14 days and so rejected on that basis.

They took my passport and informed me I could appeal to a first teir tribunal. I am in the process of meeting an immigration lawyer to discuss our appeal, our grounds are as follows:

. Our preliminary application and appointment was scheduled with UKVI prior to the 24th November (when the rules changed)
. UKVI are disregarding the Upper Tribunals stance on the 28 day grace period, effectivly case law.

I just want to know your thoughts and what you believe my next steps should be? Will it be easier if I regurn home and apply from my home country straight away? Being told by the officer that my application wpuld have been succesful otherwise was a very bitter pill to swallow.

[CR001]

Appeals can take over a year. You won't be permitted to work. Chance of success is slim.

Far easier to return home and apply.

Have you and your partner lived together 'in a relationship akin to marriage' for a minimum of 2 years with the documentary evidence to prove it?

[Obie]

Take it you have no children?