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Further reasons for wanting to stay in the UK

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Tamandua
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Further reasons for wanting to stay in the UK

Post by Tamandua » Wed Dec 14, 2016 12:27 pm

Good morning,

I applied for FLR(M) but had my visa refused because my partner wasn't considered a British citizen in the UK at the time of my application. However, my spouse managed to get his employment transferred back to the UK by the same company a month later. Because I failed to send such evidence before the decision was made by the case worker, my visa was obviously refused on this ground.
I have been given the right of appeal outside the UK. I have also been given the chance to send a new application to remain in the UK under the section 120 of the Nationality, Immigration and Asylum Act 120.

So, it is stated in the letter that I can make an application to remain in the UK if I have new grounds for wishing to remain in the UK. Does anyone know which form I should use? The same FLR(M)?

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CR001
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Re: Further reasons for wanting to stay in the UK

Post by CR001 » Wed Dec 14, 2016 12:37 pm

You were advised in July about this being a problem.

http://www.immigrationboards.com/immigr ... l#p1379450

Where did you apply for your visa? Did you return to the UK and submit an application here on your own with your husband remaining overseas?
Char (CR001 not Casa)
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Tamandua
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Re: Further reasons for wanting to stay in the UK

Post by Tamandua » Wed Dec 14, 2016 1:29 pm

The HO stated in the letter that even though I qualified for further leave to remain, I failed to provide any evidence that my spouse would be transferred back to the UK. Because the company was so slow, I sent the document to the HO after the decision was made. The decision was actually made by the HO 10 days ago (I posted the document last Friday) and I have just received the refusal letter.

That's not the point anyway. The HO stated that I can make a new application if my circumstance changed and I have new grounds for wishing to remain in the UK. However, they don't say which application I should make. Is it the same one? The FLR(M)?

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CR001
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Re: Further reasons for wanting to stay in the UK

Post by CR001 » Wed Dec 14, 2016 1:38 pm

Yes FLR(M) and you have to meet all the same requirements again.
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Tamandua
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Re: Further reasons for wanting to stay in the UK

Post by Tamandua » Wed Dec 14, 2016 2:08 pm

CR001 wrote:Yes FLR(M) and you have to meet all the same requirements again.
What if the visa is expired now?

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Re: Further reasons for wanting to stay in the UK

Post by CR001 » Wed Dec 14, 2016 2:29 pm

If you have been given the opportunity to apply again, you should apply again.

This will however affect future Citizenship application until at least 2026.
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Tamandua
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Re: Further reasons for wanting to stay in the UK

Post by Tamandua » Sat Dec 17, 2016 9:08 pm

Update:

I have received an IS.96 form. I don't have a valid application with the HO. Mine was refused. What will happen to me when I show up to report?

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Re: Further reasons for wanting to stay in the UK

Post by noajthan » Sat Dec 17, 2016 9:41 pm

Tamandua wrote:Update:

I have received an IS.96 form. I don't have a valid application with the HO. Mine was refused. What will happen to me when I show up to report?
You may be asked to report (monthly) until any outstanding case is decided.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Tamandua
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Re: Further reasons for wanting to stay in the UK

Post by Tamandua » Mon Dec 19, 2016 10:26 pm

Hi guys,

I need a piece of advice. What should I do in my case? I don't even know if I can send a new application. My passport is detained.

What type of case I should have with the HO?

Tamandua
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Re: Further reasons for wanting to stay in the UK

Post by Tamandua » Mon Dec 19, 2016 10:39 pm

noajthan wrote:
Tamandua wrote:Update:

I have received an IS.96 form. I don't have a valid application with the HO. Mine was refused. What will happen to me when I show up to report?
You may be asked to report (monthly) until any outstanding case is decided.
Thank you. What do you consider an outstanding case? Do you know if I'll be able to tell them my reasons to stay in the UK (or give them a written statement) on the day I show up to report?

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Re: Further reasons for wanting to stay in the UK

Post by noajthan » Mon Dec 19, 2016 11:52 pm

A case could be any pending application or appeal you have in flight.

I don't know what representations you may be able to make nor what options may be presented to you.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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