FLR(M) SPOUSE VISA EXTENSION(home office put me on 10 year route instead of 5) need helpp please !

[Reena55]

Hi everyone ,
I am really in need of help . I will be very thankful if someone can guide or tell me their experience /advice in this case

So here is about my case.
1)Got my spouse visa and first entered Uk : JUNE 2013
2)Was absent because of studies for few months from Uk and applied for an extension of my SPOUSE VISA FLR(M) 5 YEAR ROUTE in : FEBRUARY 2016 (provided all documents)
3)After 2 months Home Office sent us a letter to provide additional pay slips and statements for my husband and for october,november and december which We had already provided with initial application but we sent additional again & altogether previous 6 months record was sent including a letter from his work place.
4)Visa got refused: APRIL 2016 (TO MY SHOCK THE REASON GIVEN WAS THAT MY PARTNER DOESNT MEET THE FINANCIAL REQUIREMENT WHICH HE MEETS very well)
5)Appeal heard :18th MAY2017
6)Appeal allowed:16th JUNE 2017

So to begin with...
I had sent all the relevant documents at first place with my initial application and later provided more when asked by home office. Still to my shock my visa got refused with the right to appeal. I strongly beleived that an error was made so i decided to appeal in April 2016 and this whole journey has been so painful in itself considering the fact that we made no mistake here and clearly it was just a matter of documents been over looked by home office. After waiting for 1.5 years already i had my appeal successful finally.
The judge clearly in his decision letter states that it has been very unfiar with us and acknowledged that not only my normal family life but my career has also been put at stake as i am a medical professional and i could not continue to give my exam here because of no valid visa from February2016-SEPTEMBER 2017
I have serious depression symptoms now cx of all the sufferings and wait for no mistake.

Now after waiting that long i thought this pain has come to an end . I recieved my BRP and the Passport this month with a letter saying :

”""your appeal has been allowed by the first tier tribunal under paragraph Gen 3.2 of appendix FM. As there are exceptional circumstances in you case which would render refusal a breach of Article 8, for a period of 30 months.You can apply to renew this leave and you may become eligible to apply for ILR (settlement) after 120 months if you qualify.""

clearly they have put me on 10 year route rather than 5 year route even though the judge clearly and categorically said in his letter that we meet all requirements including financial and also that we always met these requirements even at the time of the extension application.


My questions and my concerns/worries below:

1) I don’t know whether my extension period counting starts from the date my visa had expired(it should be count from FEBRUARY 2016 when i appplied as i have already spent 2 years waiting for my visa in Uk) it doesn’t show on the BRP.
The only thing written is
Place and date of issue: 25.09.2017
Valid until : 25.03.2020
Where does the count starts?

2) Why have they put me on 10 year route when I was always eligible for 5 year route?

3) after so much delay, pain, stress, cost and time am I in a position to go into a legal battle with Home Office to not only get this decision overturned but also get them to pay any damages or expenses for that legal case? Or does anyone here thinks that Home Office may reconsider their decision without the need for me to challenge them in the court?

I am extremely frustrated with my application and do not want to re-apply again because my stay period will be reset for another 5 years and if I dont apply I will be on a 10 year route. Any help and advice is much appreciated please.!

[CR001]

What was your partners income at the time of the application in February 2016?

What evidence exactly (list it) did you submit?

Was the income from PAYE employment, self employment....?

[Reena55]

Hi, thank you so much for responding promptly. Much appreciated your help.

Please see the answers below to your queries:

What was your partners income at the time of the application in February 2016?
My partner's income was over £55k per year at the time of the application.

What evidence exactly (list it) did you submit?
* Payslips (we provided most of the payslips in the application for the last 6 months, 1 or 2 were missing in the application but we provided the missing ones when Home Office requested, this is what Judge stated in his decision letter that we always met the financial requirements and provided all requested evidence.)
* Bank Statements(we provided most of the bank statements in the application for the last 6 months, 1 or 2 were missing in the application but we provided the missing ones when Home Office requested, this is what Judge stated in his decision letter that we always met the financial requirements and provided all requested evidence.)
* Tenancy Agreement
* Letter of employment and confirmation of the salary on the company letter head and signed by HR with all relevant details.
* Proof of addresses
* Marriage Certificate
* IELTS Certificate (although this was more than 2 years old but we showed that I havve been in UK since then and have done the degree in english) anyways this was not the reason for refusal.

Was the income from PAYE employment, self employment....?
No, my partner is employed by a large corporate American company. He is a permanent full time employee.

[Reena55]

Hi could you kindly change my nationality flag from Ukrainian to Pakistani please? I selected Ukrainian by mistake.

Regards
Reena

[Reena55]

Can someone advice us on this matter please.

Thanks

[kqas]

Hi Renna,

I am in a very similar circumstances and recently won the spouse visa extension case at FTT which was refused due to HO confusing my husband financial income, seeing your post made me worried as I don't want to be put on a 10 years route, did you have any luck finding something that will help you to challenge HO to put you back on 5 years route?

Thank
K

[Freshaisha]

Hi,

Has anyone found why this is the case? My husband is in the same situation. His FLR got refused but we won the appeal and the judge said the HO made a mistake. Yet we have now received a letter saying he is on the 10 year route when in the judges decision later it states we applied on 5 year route!

[waitingforspouse]

I haven't seen your application so I may be guessing.
The only likely explanation is:

The home office found a fault elsewhere in the application i.e. you do not meet the full criteria.
https://www.gov.uk/government/publicati ... -form-flrm

Can you check your situation with a fine tooth comb again please?

[Freshaisha]

The refusal reason was that they did not believe we were in a genuine relationship living together because we had various addresses on documents and that we hadn’t provided employer’s letter(although payslips and bank statement were provided). However they said they would have requested the letter if they believed we were in a relationship. After telling the judge that we clearly stated in application form that I was a student hence why 3 different addresses he agreed and said that HO misunderstood our situation and therefore allowed appeal. We also provided employer’s letter on appeal.

The only reason I can imagine that they have put my husband now on the 10 year route is that they are saying well there was no employer letter at the time of application so we can’t be sure that you met the financial requirements back then - but the letter states he was working at that time!!

I’m going to write a letter to HO and also ask for help fromp MP.

[waitingforspouse]

The HO can be quite deceitful from what I have observed.

They may only notify you of one particular reason whilst failing to disclose another area (it's a card they will keep close to their chest) so they have another reason to reject you on whatever basis should you appeal which will cause more delays/appeals etc. lining the pockets of the industry and all stakeholders involved...

Please go through your application again with a fine tooth comb. Pull out your copy file (I imagine you have one) and go through bit by bit of what you did present and what was missing.

Check the dates of all correspondence you provided. Was everything referenced with your application number on the top right corner of the document?

[waitingforspouse]

Can you type the exact wording from the letter. thanks.