Reconsideration or PAP ? FLR (FP) to (FM) refused .

[curious65]

Dear members,
I need some advise.
I went to PEO with my wife who is on FLR fp (10 year route) to switch /vary to FLR fm (5 year route)
Caseworker wrongly refused the flr m application on a very minor point. And instead re-granted her flr fp for another 30 months (on 10 year route) . Caseworker also said there is no right to appeal as my wife has been given FLR fp visa to stay (though on 10 year basis)

Now I want to challenge the decision, since I believe she should have been given FLR fm (on 5 year route)

Please advise, should I pursue Reconsideration Request or PAP (Pre-Action Protocol) ?

[physicskate]

Dear members,
I need some advise.
I went to PEO with my wife who is on FLR fp (10 year route) to switch /vary to FLR fm (5 year route)
Caseworker wrongly refused the flr m application on a very minor point. And instead re-granted her flr fp for another 30 months (on 10 year route) . Caseworker also said there is no right to appeal as my wife has been given FLR fp visa to stay (though on 10 year basis)

Now I want to challenge the decision, since I believe she should have been given FLR fm (on 5 year route)

Please advise, should I pursue Reconsideration Request or PAP (Pre-Action Protocol) ?

Was it a wrongful rejection or a rejection for a very minor point - these are two different things?

[Kwipeh]

Dear members,
I need some advise.
I went to PEO with my wife who is on FLR fp (10 year route) to switch /vary to FLR fm (5 year route)
Caseworker wrongly refused the flr m application on a very minor point. And instead re-granted her flr fp for another 30 months (on 10 year route) . Caseworker also said there is no right to appeal as my wife has been given FLR fp visa to stay (though on 10 year basis)

Now I want to challenge the decision, since I believe she should have been given FLR fm (on 5 year route)

Please advise, should I pursue Reconsideration Request or PAP (Pre-Action Protocol) ?

From what I've read on here, appeals usually take some time. Are you happy to sacrifice that?

[curious65]

Dear members,
I need some advise.
I went to PEO with my wife who is on FLR fp (10 year route) to switch /vary to FLR fm (5 year route)
Caseworker wrongly refused the flr m application on a very minor point. And instead re-granted her flr fp for another 30 months (on 10 year route) . Caseworker also said there is no right to appeal as my wife has been given FLR fp visa to stay (though on 10 year basis)

Now I want to challenge the decision, since I believe she should have been given FLR fm (on 5 year route)

Please advise, should I pursue Reconsideration Request or PAP (Pre-Action Protocol) ?

Was it a wrongful rejection or a rejection for a very minor point - these are two different things?

It was minor error and i think I have grounds to challenge the wrongful rejection. Basically i applied being ltd company director with a shortened accounting year, the caseworker got it confused with self employed and insisted on full financial year. rest all paperwork was perfectly ok like ct600, accounts, accountant letter, payslips, div vouchers etc. Even supplied receipts of paid corporation and Ni taxes with the application. please let me know how best to proceed ...

[physicskate]

It was minor error and i think I have grounds to challenge the wrongful rejection. Basically i applied being ltd company director with a shortened accounting year, the caseworker got it confused with self employed and insisted on full financial year. rest all paperwork was perfectly ok like ct600, accounts, accountant letter, payslips, div vouchers etc. Even supplied receipts of paid corporation and Ni taxes with the application. please let me know how best to proceed ...

So what financial category (A,B,C etc...) did you intend to apply under?

[curious65]

Dear members,
I need some advise.
I went to PEO with my wife who is on FLR fp (10 year route) to switch /vary to FLR fm (5 year route)
Caseworker wrongly refused the flr m application on a very minor point. And instead re-granted her flr fp for another 30 months (on 10 year route) . Caseworker also said there is no right to appeal as my wife has been given FLR fp visa to stay (though on 10 year basis)

Now I want to challenge the decision, since I believe she should have been given FLR fm (on 5 year route)

Please advise, should I pursue Reconsideration Request or PAP (Pre-Action Protocol) ?

From what I've read on here, appeals usually take some time. Are you happy to sacrifice that?

No right to appeal is given because on one hand they refused flr m 5 year and on other hand they automatically re granted flr fp 10 year due to britosh kids.

I gueas I have only two choices either PAP or reconsideration request at disposal ?

[CR001]

Why have you registered 2 usernames today to post questions in two different sub forums (EEA and Family immigration)??? Multiple usernames are not permitted on the forum.

member/blessed2018/

Multiple Usernames (click to read)

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

[curious65]

Why have you registered 2 usernames today to post questions in two different sub forums (EEA and Family immigration)??? Multiple usernames are not permitted on the forum.

member/blessed2018/

Multiple Usernames (click to read)

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

sorry did not know that, can I merge these posts under a single username ?

[curious65]

It was minor error and i think I have grounds to challenge the wrongful rejection. Basically i applied being ltd company director with a shortened accounting year, the caseworker got it confused with self employed and insisted on full financial year. rest all paperwork was perfectly ok like ct600, accounts, accountant letter, payslips, div vouchers etc. Even supplied receipts of paid corporation and Ni taxes with the application. please let me know how best to proceed ...

So what financial category (A,B,C etc...) did you intend to apply under?

It was Category F

[CR001]

Why have you registered 2 usernames today to post questions in two different sub forums (EEA and Family immigration)??? Multiple usernames are not permitted on the forum.

member/blessed2018/

Multiple Usernames (click to read)

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

sorry did not know that, can I merge these posts under a single username ?

Which username do you wish to keep?? The other one will be disabled.

[curious65]

Surely, atleast EEA (PR) can be applied in case of applicant arriving in the UK on the EEA Family permit visa basis even though later changed to UK visa route because it is not written anywhere in the rule books that getting a UK visa negates any EU rights of an applicant ?

Please share your thoughts,

[curious65]

Why have you registered 2 usernames today to post questions in two different sub forums (EEA and Family immigration)??? Multiple usernames are not permitted on the forum.

member/blessed2018/

Multiple Usernames (click to read)

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

sorry did not know that, can I merge these posts under a single username ?

Which username do you wish to keep?? The other one will be disabled.

Thank you, please keep the blessed2018 username and delete the other one

[physicskate]

It was minor error and i think I have grounds to challenge the wrongful rejection. Basically i applied being ltd company director with a shortened accounting year, the caseworker got it confused with self employed and insisted on full financial year. rest all paperwork was perfectly ok like ct600, accounts, accountant letter, payslips, div vouchers etc. Even supplied receipts of paid corporation and Ni taxes with the application. please let me know how best to proceed ...

So what financial category (A,B,C etc...) did you intend to apply under?

It was Category F

Cats F and G are not particularly my forte, but in my opinion you needed to provide the full year of pay slips/ bank statements that correspond with the ct600. This is because it is specified in Appendix FM-SE:

Section 9 - (c) Where the person is either listed as a director of the company, or is an employee of the company, or both, and receives a salary from the company, all of the following documents must also be provided:

(i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600.
(ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly.

I haven't seen anywhere it says about using a shorter accounting period... They insisted on the last full financial year because that it was the guidance demands.

[Kwipeh]

Dear members,
I need some advise.
I went to PEO with my wife who is on FLR fp (10 year route) to switch /vary to FLR fm (5 year route)
Caseworker wrongly refused the flr m application on a very minor point. And instead re-granted her flr fp for another 30 months (on 10 year route) . Caseworker also said there is no right to appeal as my wife has been given FLR fp visa to stay (though on 10 year basis)

Now I want to challenge the decision, since I believe she should have been given FLR fm (on 5 year route)

Please advise, should I pursue Reconsideration Request or PAP (Pre-Action Protocol) ?

From what I've read on here, appeals usually take some time. Are you happy to sacrifice that?

No right to appeal is given because on one hand they refused flr m 5 year and on other hand they automatically re granted flr fp 10 year due to britosh kids.

I gueas I have only two choices either PAP or reconsideration request at disposal ?

My bad, this isn't an appeal. I hope you get the help you need anyway. Cheers!