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FLR(M) 2nd extension refused

Family member & Ancestry immigration; don't post other immigration categories, please!
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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rockstar205
Newly Registered
Posts: 7
Joined: Wed Jan 12, 2011 5:46 pm

FLR(M) 2nd extension refused

Post by rockstar205 » Fri May 12, 2017 9:53 pm

Hello,

Asking for a friend who is desperate for some advice.

Situation: My friend who is non-eu citizen was married to UK citizen in 2013. He received FLR (M) from Aug 2013 till Feb 2016. In mid 2015 he set up his own business and therefore he didn't have annual accounts and tax stuff from HMRC ready for Feb so based on a solicitors advice he applied for Family/Private life application in Feb 2016. This is however refused in Aug 2016 with an Out of Country appeal.

The solicitor later in Sept 2016 applied for FLR(M) extension with all proper documents including tax documents to show salary requirements.

Refusal: Today he received a refusal letter stating his previous leave as spouse ended in Feb 2016 and he has been without valid leave in the UK in excess of 28 days. He, therefore, fails to fulfill E-LTRP.2.2 of Immigration Rules. But the fact is he applied for Family/Private life application before the 1st FLR(M) expired.

Now, he has an option to appeal within 14 days with Tier 1 tribunal.

Can someone kindly suggest what are his best options?

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

Re: FLR(M) 2nd extension refused

Post by Obie » Sat May 13, 2017 1:24 am

He can send a reconsideration and appeal. His solicitor was hopeless. He should have varied from FLR (FP) to FLR (M), giving the fact that the couple do not have children.

Now appeal may be the solution. If the overstay of 28 days occurs after 24-11-2016, then decision may be correct, it appears it was before.
Smooth seas do not make skilful sailors

rockstar205
Newly Registered
Posts: 7
Joined: Wed Jan 12, 2011 5:46 pm

Re: FLR(M) 2nd extension refused

Post by rockstar205 » Sun May 14, 2017 2:01 pm

Thanks for the quick reply.

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