FLR(M) REFUSED. APPEAL OR REAPPLY?

[proudlygemini]

Good day all,

So on the 5th Oct homed office stating that flr(M) Extension for i and my dependant son was refused based on the fact that sponsor IS NOT IN THE UK. We meet all other requirements apart from the fact my husbands job was not in the uk during time of application.

When we applied my sponsor had a job in egypt and we understand the grounds for refusal, but while our application was with the home office my sponsor got a new contract with xxxxxxx Uk company stating he works in the uk and he gets paid in pounds, also pays tax and insurance. He has currently been at this job for 4months now and has payslips to prove it alongside contract.

We have been given 14 days to appeal and also if we have legitimate reasons on why we should be allowed to stay in the Uk we can apply.

my questions are as follows:

1. Do i appeal and withdraw my appeal and file another application( note my visa expired 20th May) or just file another application within this 10days i have left.

2. Can i use the same NHS surcharge for the new application or we have to pay for another one?

3. Can we apply under CAT B, which says:
5.3.1. This category can be used where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under Category A.

Please note under the financial requirement we surpass the 22,000pounds .

4. Do we still include the contract from his job in Egypt and payslips too alongside current job?

Please help me, replys would be truly appreciated.

Thank You.

[Obie]

The refusal seem flawed, under which provision did they justify it?

[proudlygemini]

Thank you for your reply.

I was refused under eligibility relationship requirement, stating the evidence i supplied show my husband worked in Egypt and is not in the Uk. please bare in mind only worked there 10months we also submitted his new contract along with the application showing that he has a uk job and is home based, with payslips and contract to prove it.

I don't know whether to reapply submitting his new contact again and other documents proving his works here with a bit of travel or to appeal this case.