Wife's ILR Extension Refused - ADVICE PLEASE :(

[ElvishLoremaster2016]

Last August the relevant 85-page paperwork was completed as my wife's permit expired.

She arrived in the UK in 2013 on a Spouse Visa, and we were married 5 months later. She then applied and was granted her Residence Permit, got her NI number etc, and started part time work.

This expired last August. We waited the statutory 6 months, and then frustration drove us to seek help from our local MP. Days later - a refusal letter;

"...your British citizen sponsor has not exercised free movement rights in an EEA state other than the UK, as stated in Section 2, page 19 of your application"

"You have provided no evidence in support of your application to show that you are the direct member of a British citizen who has exercised their Treaty rights in another EU member state."

I am pulling my hair out looking for an answer. I am convinced that I sent all the necessary paperwork. The helpline is as useful as a chocolate teapot. Now we are told that another application has to be made and that no rights are given to appeal. We are trying to save for a house, and if I have to keep supporting my wife (having not worked for 7 months - and potentially another 7..), this is going to hit us hard. This is not the life I promised my wife, and its getting me down.

Can anyone explain the above PLEASE?

Is there ANY means by which I can fast track this sooner than 6 months?

Thank you all.

[CR001]

How could she arrive on a spouse visa if you were not married? Do you mean fiance visa on VAF4A and then applied for extension on FLR(M) after marriage??

Did she have a UK immigration visa or a EEA Residence permit (yes, there is a difference)??

Have you worked in another EU state and used the Surinder Singh route to come back?

Regardless though, she requires 5 years residence in the UK.

Seems you applied for PR on the EEA/EU route but she doesn't appear to hold a EEA Residence card.

[ElvishLoremaster2016]

My apologies - yes - it was a fiance visa and it was indeed the FLR(M) for which we completed.

I have never worked anywhere other than the UK, and have been self-employed for the last 15+ years.

I was told that this was the form needed to be completed. As I said, she cannot work, and our passports will again need to be surrendered...

Tell me I have completed the correct form

Thank you

[CR001]

Which form exactly (name of form) did you use?

What was the fee you paid for this application? £65 or £1875??

[ElvishLoremaster2016]

Fee was £65.

https://www.gov.uk/government/uploads/s ... _06-16.pdf

This was the form as the wife is "qualifed" as the spouse of an EEA national (me).

Apologies, the form above was one previously filled in.

The form I filled in for this current (refused) application is that above - the EEA(FM)

My thanks for bearing with me - trying to calm down....

[CR001]

You have indeed used the incorrect form on the incorrect route. Even then EEA FM form is NOT an application for ILR (indefinite leave to remain).

She should have applied for an extension of her spouse visa on FLR(M) before her visa expired, which currently costs £811 by post and £1311 for same day appointment PLUS £500 immigration health surcharge. She requires 5 years residence on FLR(M) before she qualifies to apply for ILR on SET(M).

Does the refusal letter give you an option to make a new application within 14 days?

Out of interest, who told you to apply on EEA FM?

For info, you are not considered an EU citizen for immigration purposes if you are British and in the UK.

[ElvishLoremaster2016]

Her card read the following;

RESIDENCE PERMIT

[name]
[valid until]
[place/date issue]
type of permit : spouse/partner leave to remain
remarks: work permitted

[CR001]

Her card read the following;

RESIDENCE PERMIT

[name]
[valid until]
[place/date issue]
type of permit : spouse/partner leave to remain
remarks: work permitted

Yes, this is indeed a visa under the UK immigration rules and FLR(M) would have been the correct form, i.e. leave to remain as spouse of British Citizen.

[ElvishLoremaster2016]

She was granted Leave to Remain - and from what I understand she can apply for citizenship after 5 years.

But for now, she is being asked to leave the country unless the above can be evidenced. I don't even know what they want!!

If this card has expired - should I have completed the FLR(M) and paid the silly money?

I can't remember exactly what I completed after we were married, but it was a form of similar length and similar money. Surely I haven't got to do the same again??

[CR001]

She was granted Leave to Remain - and from what I understand she can apply for citizenship after 5 years. ILR after 5 years and only once she has ILR can she apply for citizenship.

But for now, she is being asked to leave the country unless the above can be evidenced. I don't even know what they want!! She has no valid visa/leave, she is an overstayer. Did the refusal letter give you an option to make another application within 14 days? This is very important.

If this card has expired - should I have completed the FLR(M) and paid the silly money? She should have applied on FLR(M) and yes, paid the silly money, BEFORE her visa/card expired.

I can't remember exactly what I completed after we were married, but it was a form of similar length and similar money. Surely I haven't got to do the same again?? It would have been FLR(M) yes if she came into the UK on a fiance visa. Her FLR(M) after the wedding would have been valid for 2.5 years and she would have had to extend her visa for another 2.5 years on FLR(M).

[CR001]

Out of interest, who told you to apply on EEA FM?

Was it professional immigration advice or a friend or colleague? Really hope you didn't pay for such shockingly incorrect advice.

[ElvishLoremaster2016]

Yes - she has been given the option to make another application.

Money does not come into it as I am sure you understand!!! I want my wife to stay in the UK!!

I asked a local immigration specialist, I then phoned the immigration "helpline" to confirm which form I should be filling in. This was the answer I was given. The card expired. It seemed logical. I didn't question it.

So my next move is to fill ANOTHER FLR(M)??

[ElvishLoremaster2016]

I assume I have zero come-back on the advice I was given by the Immigration office - even if I can find the itemised phone bill to prove??

[CR001]

Yes - she has been given the option to make another application. Then do it, asap with all the required documents, ie payslips, bank statements, proof of cohabitation etc.

Money does not come into it as I am sure you understand!!! I want my wife to stay in the UK!! You can write a letter explaining the situation and the woefully incorrect advice you were given.

I asked a local immigration specialist, I then phoned the immigration "helpline" to confirm which form I should be filling in. This was the answer I was given. The card expired. It seemed logical. I didn't question it. Did you submit an application AFTER her visa already expired? I would challenge the immigration specialist and ask for a refund and report the person to the relevant body. HO, it also depends on how the questions were asked. If you had said residence card to the help line, the assumption would be the EU route.

So my next move is to fill ANOTHER FLR(M)?? Correct

[CR001]

I assume I have zero come-back on the advice I was given by the Immigration office - even if I can find the itemised phone bill to prove??

No, unfortunately you don't but as said, you could write a letter explaining the two sets of advice you got etc.

[ElvishLoremaster2016]

CR - I can't thank you enough for your help this evening. It is very much appreciated.

I think we will worry about the ill advice once we have done the pen-pushing... and I have sold my remaining kidney on the black market

[CR001]

CR - I can't thank you enough for your help this evening. It is very much appreciated.

I think we will worry about the ill advice once we have done the pen-pushing... and I have sold my remaining kidney on the black market

You are welcome and I really hope all works out. I will move this topic to the immigration for family members sub forum, so feel free to continue to post any questions you have in this this thread.

Wait till you get to the ILR (curren cost £1875) and BC (current cost £1236) stages. Fees go up every year.

[ElvishLoremaster2016]

I would like to ask one more question as I am concerned about meeting financial requirements.

When I did this last time, my self-employment covered the required 18.6k, but the last year has not been quite that, nor with the average of last two years cover it. However, I do have proceedings from previous house sale which have sat in my savings, increasing in value over the last 5 years. But the FM1.7 tells me that I cannot combine self-employment with savings....

...but if my savings are comparable to that of half a 3 bedroom house - surely this will show that we are not a burden on the state??

My wife is in tears over this now. I hope someone can bring us the news we need...

Thank you

[Obie]

The sad part of this case is that your wife may need to go abroad and make a spousal visa application..

I guess you both have no children right?

She is without leave and hence can't make any application within the UK unfortunately.

[ElvishLoremaster2016]

Doh - just realised that this is the wife's AND my income combined!! We can cover that....

The only issue now is that we were told by the NI guy to not worry about the wife's tax returns so much as she wouldn't meet the threshold. Now have to go back to tax office and get everything re-evaluated, and get her tax return for the last financial year.

What a mess!!!

Obie - she has been told in the letter received that if she has proof for right of residence that she can make another application. This is being done as we speak and will be submitted following a phone call first thing to make sure everything is above board. The only thing is we may have to submit the above tax returns in a few days once they have come back from the HMRC

[ElvishLoremaster2016]

I have just found my itemised phone bill form last August showing several phone calls to the Immigration office, over the week leading up to submitting the above. I remember phoning them several times before and during making the application to make sure we were doing the right thing.

THEY told us to fill in this form. If we are now to be told we did something wrong, then this will be on their head. I only did what I was told. What more can I do?

Would be very helpful if they kept recordings of the calls... we shall see.

[Obie]

If you have proof of right of residence under the EEA regulations, is what the letter is referring to. That is if you have evidence that you are an EEA citizen or a British citizen who has lived and worked in another member state.

Well from my experience you need to brace yourself for tough time ahead. I derive no pleasures in saying this, but you have been so poorly advise and the system is so hostile. I believe her visa would have run out and making a new FLR (M) , may be out of time as her leave has expired.
I am so sorry for the predicament you find yourself, and only wish I could find words of solace in this situation..

[ElvishLoremaster2016]

Thank you Obie.

If it comes to it, then MP's may need to be involved, and possibly even court. I have been subject to litigation before - it doesn't scare me.

Worst case scenario, the 6-8 weeks waiting for the visa renewal will be spent in separate countries. A horrible thing to consider, but big picture... that is what I am focusing on. We had nearly 3 years before she came to the UK, we can weather a few days. But I won't let this happen without a damn good fight.

It's not like we ignored the system. We got her application for renewal in before the previous one expired. There are plenty more that dodge the system that walk among us. Just a shame that those who try their best to live by the rule book are those that take the most flak....

*sigh*

Thanks again Obie. Your sincerity is comforting.

[Casa]

I can only sympathise. To understand what you are facing regarding the poor advice given by the HO 'helpline' (which I believe is outsourced to agency staff), this article by Freemovement explains it clearly:

https://www.freemovement.org.uk/immigra ... pectation/

[Sheffield_Marketeer]

I just wanted to put in a few words of gratitude to all the regulars here- Obie, Casa and CR001 who offer good advice so patiently and without any returns.
You put in hours of research and knowledge for the betterment of a lot of people. Thank You!

I hope you are able to resolve your situation quickly op.