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FLR(M) refused

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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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helpless2017
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Posts: 3
Joined: Sat Apr 08, 2017 1:58 pm

FLR(M) refused

Post by helpless2017 » Sat Apr 08, 2017 3:10 pm

Hi,
Can I get some advise on my issue please. I am desperately in need to help.
History:

1. Came to UK as a Student - 2007
2. Tier 1 General visa till June 16
3. Married in Jul 15
4. FLR (FP) application was made on on 23rd Feb 16 - Husband was on DL in Feb expiring in 2018
5. FLR(FP)rejected-clearly unfounded on 25th July 16 (reason - DL cannot have a dependent), Human rights claim rejected
6. Husband got ILR on 23rd Aug 16
7. Reconsideration letter sent on 01st Sep 15 with new information - No response from HO
8. PAP letter sent on 26th Sep 16 -which got rejected on 30th sep 16; Reason saying at the time of application, decision was correct and ILR was granted after the decision. Not considered.
9. Lodged JR on 20th Oct 16
10. JR was rejected saying at the time of application, decision was correct however applicant can achieve goal of having human rights claim including husband's ILR grant by making a further paid application for leave to remain.
11. followed by the decision, made a fresh FLR (M) Claim on 16th Dec 16

12. Refused again clearly unfounded on 30th Mar 17 saying as a overstayed and breach. Although a fresh application was made, HO considered as further submissions saying it was concluded saying it does not meet the requirements of Paragraph (353) rules and do not amount to fresh claim.

I am not sure what can be done now and we are seeking help and advise. Please let me know if u need any further information.

regards

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

Re: FLR(M) refused

Post by vinny » Mon Apr 10, 2017 12:25 am

Do you have children?

Perhaps FLR(FP) again? Subject to Ex.1.
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.

helpless2017
Newly Registered
Posts: 3
Joined: Sat Apr 08, 2017 1:58 pm

Re: FLR(M) refused

Post by helpless2017 » Mon Apr 10, 2017 12:30 am

Hi Vinny

Thank you for your response
No I don't have any children..

Regards

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

Re: FLR(M) refused

Post by vinny » Mon Apr 10, 2017 12:32 am

Try to show that you have insurmountable obstacles.
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.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: FLR(M) refused

Post by Obie » Mon Apr 10, 2017 2:20 am

Well to say a relationship based on a lawful marriage and is subsisting, constitute an unfounded claim is simply wrong, and as a matter of law, wholly unlawful.

Refusing an appeal right on the basis that no reasonable judge will allow such an appeal is plainly perverse.

I appreciate you may have to work a bit harder, but having regard to you past lawful residence, and the fact that you had formed this relationship at the time when you had permission to remain, it is difficult to see, how an immigration judge could not reasonably allow the appeal, which is the test in law.
Smooth seas do not make skilful sailors

helpless2017
Newly Registered
Posts: 3
Joined: Sat Apr 08, 2017 1:58 pm

Re: FLR(M) refused

Post by helpless2017 » Mon Apr 10, 2017 9:27 pm

Hi,

Thank you both for your kind advise.

I am not sure which route to take now, whether to do another PAP letter to HO or to go back for entry clearance. I am scared what if they will separate me from my husband and dont give me entry clearance. I have no hope now and extremely worries.

Regards

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