FLR(M) refusal -- can I reapply?

[PatrickMM]

Currently on a Tier 4 Student visa, I applied to change my status to FLR(M) residency as my un-married partner sponsored me. We passed all of the criteria -- living together for three years, English language, etc. -- but the application was refused as I failed to include adequate documentation on her 40,000 GBP salary. (I only included her work contract and not her bank statements to prove she was being paid). A small, yet painful, mistake.

Presuming the wait for an appeal hearing slot will take many months, is it possible just to apply again with all of the needed documentation? (I'd rather pay the application money upfront rather than go many months without working while an appeal is pending.)

Any informed advice would be greatly appreciated,

Patrick

[CR001]

You can reapply at any time and submit all the documents required. Appeals are taking very long at the moment.

Yes, you will have to pay all the fees again. Apply before 18 March as the fees go up on this date by 25 %.

[PatrickMM]

Thank you for the quick feedback. Two quick follow-ups:

1) Would I use the same NHS surcharge reference # for the new application I make next week -- the unused NHS payment reference # that would theoretically be returned to me from the denied application last week? Or should I pay a second time, and wait for reimbursement for the first?

And 2) the Home Office kept many of the original income documents we submitted (work contracts and payslips). Should I mention this in the new application, or merely try to get replacements to submit along with bank statements we failed to provide in the first application?

[CR001]

1. You have to pay a new surcharge and get a new IHS reference number.

2. You can request your documents back. Or send your new application with a covering note that they have x y and z already. Do you still have a current valid visa?

[PatrickMM]

Yes I have a current Tier 4 student visa, valid until January 2017. So my only urgent motivation is to switch to an FLR(M) visa asap so I can also work as my studies conclude to help my partner/ sponsor pay the bills.

If you'd be so kind, I'd love to ask two further questions:

1) Is it worth appealing my denial with supplying the additional banking documentation, while simultaneously lining up a new application -- or is the chance it would get resolved administratively prior to a formal hearing so small it's not worth it and better just to focus on the new application?

And 2) on my refusal letter "EX1" and "EX2" were listed as problematic as my partner and I would not face unsurmountable obstacles living together outside the UK (under the 10 year route). As I'm applying under the 5 year route, is this an additional issue I should be concerned about in my new application, or instead a safeguard for more complicated cases?

[CR001]

1. You cannot appeal and submit a new application at the same time. Even if you went for administrative review, the decision was correct as you failed to provide the bank statements which are clearly mentioned that have to be submitted, so there was no 'error by HO'.

2. Not sure. Suggest reapply with ALL the documents and more that you can. It should not be an issue to grant a visa if you meet ALL the requirements of an unmarried partner visa.

[PatrickMM]

Thanks again for your help -- it's sincerely appreciated.