FLRM Spouse Visa Extension Refused

[katie1989]

I applied under Category F to extend my FLRM spouse visa. My husband was my sponsor. He has a private limited Company and withdraw salary and dividends. The refusal reason is The Address on business bank statements and Personal Bank statements do not match.

The business bank statement had the address to which the company is registered to and the personal bank statements had our house address. Our understanding was that this is pretty standard and company doesn't need to have the same address as your house address.

Does anyone know if there is such a requirement in the Guidance where it mentions that business and personal bank statement address must match? What options do we have now? Thanks

[ILR2015-2016]

I applied under Category F to extend my FLRM spouse visa. My husband was my sponsor. He has a private limited Company and withdraw salary and dividends. The refusal reason is The Address on business bank statements and Personal Bank statements do not match.

The business bank statement had the address to which the company is registered to and the personal bank statements had our house address. Our understanding was that this is pretty standard and company doesn't need to have the same address as your house address.

Does anyone know if there is such a requirement in the Guidance where it mentions that business and personal bank statement address must match? What options do we have now? Thanks

Sorry to hear about your refusal. What date you applied for your extension ?
Have you got appeal rights?

[katie1989]

Sorry to hear about your refusal. What date you applied for your extension ?
Have you got appeal rights?

I applied on 8th Jan 2018 and received a refusal on 27 March 2018. They have not given a right of appeal and have asked to leave the country within 28 days.

[ILR2015-2016]

Sorry to hear about your refusal. What date you applied for your extension ?
Have you got appeal rights?

I applied on 8th Jan 2018 and received a refusal on 27 March 2018. They have not given a right of appeal and have asked to leave the country within 28 days.

You will have to follow the judicial review process.
1) pap against ho
They might reconsider on thus stage

[Star101]

Hi Katie
How can they refuse on this basis this is doesn't make any sense because Business bank statement should have business address and personal bank statement should have personal address . I believe every has the same situation
or is there any other reason for refusal
I need to apply next month I am having the same situation
just read your comments and got confused
please can you give me more details what exactly your situation was.. and what documents you submitted
thanks

[equitydealer]

Can you provide the exact wording of the refusal

[katie1989]

Hi Katie
How can they refuse on this basis this is doesn't make any sense because Business bank statement should have business address and personal bank statement should have personal address . I believe every has the same situation
or is there any other reason for refusal
I need to apply next month I am having the same situation
just read your comments and got confused
please can you give me more details what exactly your situation was.. and what documents you submitted
thanks

We submitted a long list of documents including CT600, payslips, dividends, accounts, letter from accountant for full company's financial year as well as on going same set of documents.

I knew that Category F was not going to be straight forward therefore I was planning from over 12 months just to get the things right. Home Office didn't mention that there was a document missing, but they have stated that the refusal is based on the grounds that the financial evidence from bank statements cannot be considered due to address being different on personal and business bank statements.

I would appreciate if someone could guide us as to what options do we have now? HO hasn't given a right of appeal either.

[katie1989]

Can you provide the exact wording of the refusal

We have submitted our documents to a solicitor to review our case. The wordings of the refusal wasn't too different from what I have already described.

[katie1989]

You will have to follow the judicial review process.
1) pap against ho
They might reconsider on thus stage

Thank you for your response, what is Pap?

[Casa]

You will have to follow the judicial review process.
1) pap against ho
They might reconsider on thus stage

Thank you for your response, what is Pap?

PAP = Pre-action Protocol

https://www.gov.uk/government/publicati ... ial-review

[katie1989]

PAP = Pre-action Protocol
https://www.gov.uk/government/publicati ... ial-review

Do you believe they refused in error and PaP will be helpful?
Have you come across anything in the Guidance which states the personal and business statement addresses must match?

[Casa]

PAP = Pre-action Protocol
https://www.gov.uk/government/publicati ... ial-review

Do you believe they refused in error and PaP will be helpful?
Have you come across anything in the Guidance which states the personal and business statement addresses must match?

I simply posted the details for a PAP. There are others on the forum better placed to advise on this.

[katie1989]

You will have to follow the judicial review process.
1) pap against ho
They might reconsider on thus stage

Sorry I didn't understand on what stage they would consider? What will be grounds on which HO will allow in this situation? They have already refused why would they reconsider?

[vinny]

There doesn't appear to be a requirement that the business address must match the home address.

[vinny]

Appeal anyway. Let the tribunial judge decide if you have the right of appeal.

Your appeal form must be received at the Administrative Support Centre no later than 14 Calendar days after you are sent the Refusal Letter by the Home Office.

[katie1989]

Appeal anyway. Let the tribunial judge decide if you have the right of appeal.

Your appeal form must be received at the Administrative Support Centre no later than 14 Calendar days after you are sent the Refusal Letter by the Home Office.

Thank you for your response, unfortunately we have not been given the right of appeal.

[vinny]

That may not be up to a Home Office caseworker to decide.

[Obie]

Appeal anyway. Let the tribunial judge decide if you have the right of appeal.

Your appeal form must be received at the Administrative Support Centre no later than 14 Calendar days after you are sent the Refusal Letter by the Home Office.

If she received a certificate under section 94, which I guess she would have received, then such step will be futile.

If however she did not receive it, then the notice of decision saying she has to right of appeal is invalid and she will be entitled to pursue an in country right of appeal.

[vinny]

Thanks, Obie.

Is this another example of the absurdity of the current appeal system? When an applicant under Appendix FM cannot appeal under human rights (against a caseworker’s mistakes under the Immigration rules)? AR is unavailable.

Under what circumstances would an extension application under Appendix FM not involve human rights?

Katie1989, did the refusal mention Section 94?

However, even a Section 94 certification may itself be unlawful.

[Obie]

However, even a Section 94 certification may itself be unlawful.

Indeed, it will clearly be unlawful, but the only way it can be challenged is through Judicial Review.

If the Secretary of State had been quite on appeal matters, then she would have been entitled to file a notice of Appeal.

If feel sorry for OP, as I can find no legal basis on which the refusal can be grounded.

[seagul]

In my guess the caseworker might have assumed to the different addressed bank statement as part of cohabitation evidence instead considering under financial requirement where address doesn't matter.