Spouse Visa(FLR) extension, put me to 10 years route

[naqib]

Hi
I am confused please help me.
I am Afghan citizen and my wife and children are British. I applied for Spouse Visa from Italy 4 years back
and I was given around 29 months of Stay. As soon as I entered to Uk I started working , paid tax
regularly, and stay with my family. Before this period was due to expire I applied for extension and
provided the following documents:
1. Proof of my relation with my wife: new born child, financial supports.
2. Job Contract.
3. 6 months payslips.
4. Bank Statements.

I did not give employment letter.

Home office put me in 10 years route. and the response was something like this:
You have not provided employment letter, bank statement and pay slips stating that you work,
therefore we put you in 10 years route, if you want can do a new application....

My question are:
1. If I make tomorrow(on X date) a new application would that mean I can apply for ILR from this application I made(on X date)?

2. If I keep myself in 10 years route, would that mean I can apply after 10 years for ILR from the day I received response from Home office.

Please let me know if it is not clear.

[CMOSUK]

Hi
I am confused please help me.
I am Afghan citizen and my wife and children are British. I applied for Spouse Visa from Italy 4 years back
and I was given around 29 months of Stay. As soon as I entered to Uk I started working , paid tax
regularly, and stay with my family. Before this period was due to expire I applied for extension and
provided the following documents:
1. Proof of my relation with my wife: new born child, financial supports.
2. Job Contract.
3. 6 months payslips.
4. Bank Statements.

I did not give employment letter.

Home office put me in 10 years route. and the response was something like this:
You have not provided employment letter, bank statement and pay slips stating that you work,
therefore we put you in 10 years route, if you want can do a new application....

My question are:
1. If I make tomorrow(on X date) a new application would that mean I can apply for ILR from this application I made(on X date)?

2. If I keep myself in 10 years route, would that mean I can apply after 10 years for ILR from the day I received response from Home office.

Please let me know if it is not clear.

Hi,

Exactly what application form did you use?

My understanding is, there are 2 applications, FLR(M) and FLR(FP)

FLR(M) is a 5 year route to ILR ( 2 x 2.5 years/visa) and you need English A1 and the financial requirement salary of £18,600pa or £1,550pm.

FLR(FP) is a 10 year Partner route before you can apply for ILR (4 x 2.5 years/visa) and there might not be an income requirement.

Could it be, you may have initially applied under FLR(M), entered the UK and when it came for renewal and , you may have not have met the criteria (although it is an extension) and placed you on the 10 year route, or it could be that you have used the form FLR(FP) during renewal.

Also,

This should answer Q1 and Q2.

You can only make an application for ILR, from when you first entered the UK, not from when visa/leave was granted from, when you have completed either 5 years or 10 years of legal continuous stay in the UK (whatever conditions are set out before you).

again, if you could post the exact refusal letters wording, it would give members a better idea if you want further help and advice.

[naqib]

Hi
In the letter they said

You do not meet all of the Immigration Rules for Grant of leave under R-LTRP 1.1 (a), (b) and (c) of Appendix FM because you have only provided a contract of employment.
You state you meet the income threshold of £18600 by earning £35000 per year but you have not provided a letter from your employer to confirm that you are still in employment, payslips or bank statement to show these earning entering your account.
You have therefore not provided the evidence as in Appendix FM-SEE.
Consideration has been given under paragraphs R-LTRP .1.1 (a), (b) and (d) of Appendix FM which include the exceptions paragraph EX.1 (a) and (b).

[Obie]

Send a pre Action protocol and challenge them that they ought to have notified you of any evidence which you had not provided, and that transferring you to ten years is plainly unlawful.

[naqib]

Hi i received latter from home office on 10 August 2016. So we contacted home office through the locals MP on 13 September 2016 and explained that we provided copies of wage slips and bank statement but they said we didn't provide so once again and providedeverything that we provided with the application
I send them Reconsideration Request on 29 November 2016
but they rejected .on 28 September 2017
They said in the letter ( we have rejected your reconsideration request in accordance with our reconsideration policy for the following reasons: the decision that you asked us to reconsider was made on after 7 April 2015 and the request was not made with in 14 days of the derision date.)
They received latter from us on 29 November 2016 and replayed us on 18 September 2017.

So we send them pre Action Protocol Latter on 4 December which they received on 11 December 2017 and they rejected and said when you made application on 8 June you didn't provide payslips and bank statement .
We received the latter on 19 December please if you could advise us the next step

[Obie]

Those advising should have encouraged you to file a JR much sooner, now you are well out of time by over a year as the decision was in 2016 and we are now in 2018. You have 3 months to file .

[naqib]

Hi
I send them Reconsideration Request on 29 November 2016 but they replayed late on 28 September 2017 we contacted home office during this time they said they are looking our case so can we quality for JR please

[naqib]

Hi
I send them Reconsideration Request on 29 November 2016 but they replayed late on 28 September 2017 we contacted home office during this time they said they are looking our case so can we quality for JR please

[New on forum]

Those advising should have encouraged you to file a JR much sooner, now you are well out of time by over a year as the decision was in 2016 and we are now in 2018. You have 3 months to file .

Obie do you not think that OP can apply JR against their decision to maintain the original decision which will be the the date they replied to PAP .
When defendant reviews their position than does it not become 3 month from than?

[naqib]

Hi thanks for your advise can you please let me know that can I apply for JR or make a new application

[Obie]

You can seek JR, but you will have to seek an extension of time.

When did you enter the UK. Do you and your wife have a child together?

[naqib]

Hi thanks for your advise yes we already have a child who is nearly 8 years old and 3 more children after enter in the UK so we have 4 children 8, 3, 2 and a baby. Please if you could advise me as it's very hard for me with 4 little kids and running around for visa.