FLR (M) RE-APPLY ADVICE

[merazk1988]

Hi everyone!

I applied for further leave to remain in the United Kingdom on the basis of Spouse of a Settled Person FLR (M) on 14 July 2016 at Corydon Premium Service Centre. The application was refused for not meeting the financial requirement however with right of appeal. The appeal was successfully lodged at the First-tier Tribunal within 14 days after the date on which the refusal decision was made. I am currently residing in the UK and have been waiting for a hearing date. I heard the waiting time for appeal hearing at the First-tier Tribunal could be 12-18 months. My partner has taken up a second job to support us financially and in order to meet the financial requirement since I am no longer eligible to work. There will be six months worth of payslips showing over £9300 income at the end of April 2017. My partner and I are thinking to re-apply rather than waiting for a hearing as the waiting is relatively long and there is no guarantee of appeal being granted.

I am aware that I need to withdraw the appeal in order to make a new application. My concern is once the appeal is withdrawn whether I have valid leave to re-apply for FLR (M) whilst still in the UK. My history of immigration is as follows:

• Granted leave to enter as a Tier 4 (General) Migrant on 23 September 2009 until 30 October 2012
• Granted leave to remain as a Tier 4 (General) Migrant on 07 November valid until 30 April 2014,
• Granted leave to remain as a Tier 4 (General) Migrant on 08 May 2014 valid until 06 October 2014
• Applied on 03 October 2014 for leave to remain under Family and Private Life, refused with right of appeal on 04 December 2014. The appeal was dismissed and your appeal rights were exhausted on 29 June 2016
• On 14 July 2016 applied for FLR (M), refused with right of appeal. On 26 July 2016 appealed to the First-tier Tribunal

Could someone please advise me whether I am eligible to make an application in the country without being refused on the basis of overstaying (if any)? Or it is ideal for me to return home (Bangladesh) and make a fresh application for leave to enter to avoid any refusal?

Many thanks in advance!

[Obie]

Why are you not eligible to work? Did you not have leave at time of your application.

[merazk1988]

I had a previous appeal pending on another application e.g. FLR (fp) which was dismissed on 29 June 2016. I applied for FLR (m) on 14 July 2016 before the 28 days grace period. I had permission to work with my previous appeal under the Immigration Act Section 3C however since 29 June 2016 I'm no longer eligible to work as section 3C coming to an end due to appeal rights being exhausted.

[Obie]

You will not qualify for FLR (M) in that case. You will lose your money. Better to pursue your appeal.

Any kids?

[merazk1988]

Thank you for your reply. Do you know if I will qualify for an application from outside the UK?
No, we don't have any children.