FLR(M) refused, desperately need advice.

[LMax65]

I received a letter today that my FLR(M) has been refused. It was refused due to my previous FLR expiring on May 14th and this application was submitted on May 22nd. I had misplaced my BRP and was sure it didn't expire until the 30th. I don't work so I never really needed my BRP and it was in a purse I don't carry anymore. Anyway, they said I could appeal but I don't know what to appeal. My application WAS late by 8 days but it seems ridiculous that my husband and I should be separated because of this mistake. They said that he could move to the U.S. with me, but he had a stroke, a major stroke, in Feb. 2015, brought on I might add, by stressing about getting our fiance visa. He had an aneurysm and almost died, anyway, he's still under a doctor's care here, of course, and he would not have any insurance in America. He recovered well and is back at work and doesn't need a carer, but he still has to be monitored and medication adjusted at times. We had no problems getting our fiance visa once the app was submitted and none with my first app for FLR. My question is, what can we do, can I appeal even though it was 8 days late? I can't bear the thought of leaving my husband and my pets behind because of a stupid mistake!!!

[CR001]

Appeal if you have been given the right to do so, however the application was correctly refused as you applied with no valid leave.

Alternatively, you could submit an FLR(FP) Partner route application.

[LMax65]

Yes, they said I could appeal but would it help to appeal if the app was, in fact, 8 days late or would it just be useless? When I started this whole process there was a 28 grace day period but i honestly thought my leave was good til May 30th.

[CR001]

There is no longer a 28 day grace period, it was reduced to 14 days but is not usually for applying late or after your visa expired.

It might only work if there were exceptionally compassionate circumstances. If you appeal, which can take many months, you will likely be put on another route, FLR(FP) 10 year partner route.

[LMax65]

I guess I will have to appeal because I wouldn't know how to apply for another route since they have kept my passport. This is just the most ridiculous thing, separating a husband and wife because of 8 days, now my husband is going to be stressed out of his mind. I've been in tears all day, I think it's just inhumane.

[CR001]

I do understand your frustration and feel terrible for you as yes it is a very short time, however HO is always very clear that it is an applicants responsibility to make sure applications are submitted in time before their visas expire.

Are there any exceptional reasons you might have, with possible supporting evidence, on why you applied out of time??

[LMax65]

No, there really isn't. I had misplaced by BRP with the date on it but I was sure it was the 30th. I searched and searched for it and found it on the 22nd and saw that it expired on the 14th and immediately applied. I would think that the rules that were in effect at the time you started the process should apply but they change things constantly. I don't have any criminal record, we more than meet the financial requirements, the only reason I was refused was for that 8 days. So if I appeal, will they just say it was 8 days late? Will they not listen to the fact that my husband cannot move to America with his condition and at his age, no one is going to hire him, he's 60.

[vinny]

Unfortunately, they tighten up 39E:

39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or

apparently without giving any comprehensive guidance on what the Secretary of State considers as a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time.

I think having an imperfect memory beyond the applicant’s control may be a good reason. However, the Home Office may disagree. Moreover, it’s not beyond an applicant’s nor Home Office’s controls to set up in-time reminders.

If you provided any reasons at all with the application on why it was late, then the Secretary of State should explain why these reasons were not good enough.

[LMax65]

There are just so many circumstances in our case. My husband had a major stroke in 2015 brought on by the stress of obtaining our fiance visa. The bank was refusing to stamp his bank statements the night before he had the stroke. It was a hemorrhagic stroke, aka aneurysm, and almost died. I was stuck in America due to sending my passport in! Now he is on a lot of medication but is back to work and is monitored by his GP. If he moved to America he would have no insurance and no one would hire him at age 60. We also help care for his mother who is 90 years old and has dementia. The reason I was 8 days late was because i could not find my BRP card which I needed to fill out the app and to send in with it. I was sure it expired on the 30th and when I found it on the 22nd I saw it expired on the 14th and immediately applied. I need my passport because my only child is due to give birth October 25th and if I'm not there for it she will kill me. I have already filed the appeal but it takes months. Is there anything at all I can do?

[vinny]

Did you provide these reasons for the late application when applying?

[LMax65]

Looking back over my application I did not do a very good job of explaining why it was late or why it would create hardship for myself or both of us to move to the U.S. I selected no when it asked if I had a good reason for being late because the example they gave was something like being in the hospital.