FLR(O) REFUSED. PLEASE SOME HELP!!1

[martanelly]

Hello everyone.
I have heard this forum is quite helpful and I have some questions.

I applied for a tier 4 visa in sept 2014 to do a masters degree and I got a visa until January 2016.
I was supposed to submit my dissertation in sept 2015 but I fell really ill and therefore I was prevented from doing it. I have all papers from hospital etc so the university enrolled me fully until Sept 2016 but there were not able to give me a CAS because I am finished with the classes and I am just working on my dissertation.

I couldn't extend my tier 4 so I applied for a FLR(O) and I submitted all paper stating that I had invested £20.000 and that I wanted to finish my masters and that the university was behind me and that because I was sick I was not able to finish my studies.

I got a refusal this Friday saying:
322(1) the fact that variation of leave to enter or remain is being sought for a purpose not covered by these rules.

that I am asking outside the rules and that me being sick and not submitting my papers was not good enough to grant me an extension that I can look for medical attention in my country of origin. that was NEVER MY CLAIM.


Anyways, the letters says AS WELL that if I have another grounds or reasons other than what I have already stated in my last application, I should tell them before 14 days have passed otherwise I would lose any right of appeal that I would be granted should my new claim be refused.

I am confused. Is that an administrative review?
Do I stand a chance asking for administrative review?

It doesnt say if the new grounds I can add have to be done on line or write to the case worker etc


hey have kept my passport.

Please shed some light. i HAVE NEVER BEEN REFUSED BEFORE and they have my passport.

thanks in advance

Marta

[member]

Hello everyone.
I have heard this forum is quite helpful and I have some questions.

I applied for a tier 4 visa in sept 2014 to do a masters degree and I got a visa until January 2016.
I was supposed to submit my dissertation in sept 2015 but I fell really ill and therefore I was prevented from doing it.
The university enrolled me fully until Sept 2016 but there were not able to give me a CAS because I am finished with the classes and I am just working on my dissertation.

I couldn't extend my tier 4 so I applied for a FLR(O) and I submitted all paper stating that I had invested £20.000 and that I wanted to finish my masters and that the university was behind me etc tec.

I got a refusal this Friday saying that I am asking outside the rules and that me being sick and not submitting my papers was not good enough to grant me an extension.


Anyways, the letters says that if I have another gounds or reasons other than what I have already stated in my last application, I should tell them before 14 days have passed otherwise I would lose any right of appeal that I would be granted should my new claim be refused.

I am confused. Is that an administrative review?

It doesnt say if the new grounds I can add have to be done on line or write to the case worker etc


hey have kept my passport.

Please shed some light. i HAVE NEVER BEEN REFUSED BEFORE and they have my passport.

thanks in advance

Marta

How long did you ask for to extend your stay in the FLR application?

[martanelly]

Hello. thank you for your reply.
I asked for 6 months ( until sept) which is when my enrolment with the university finishes.

I am confused because in the first instance I believe I did use the right form as I couldn't use PBS.

The case worker went onto saying that I could seek medical help in my home country when it had nothing to do with that my application. I sent papers related to my illness sot hat they could see that it was true and that is why I couldn't submit my dissertation last sept.

worth mentioning that even though the policy says that health charges for this category I was supposed to pay £ 200; they made me pay £1000. and then I wrote to them and they refunded only £500.

Also worth mentioning that in 2 months I will be eligible for ILR ( 10 year private life/long residence). which are the grounds I will present to them. I just dont know how to do it because the letter doesnt say anything as to how( so misleading)

I know I am covered by section C3 which is the most important at the moment until I get to July.

please some light. Do I have grounds for an administrative review?

thank you

[haris_zam]

hi

Dear such applications are bound to be refused in the end sad reality..

but on the brighter side , you have been granted with right to appeal . you can put and appeal and that should safely take you to september, which is what is required.
meet a good solicitor and lodge an appeal within 14 weeks from the date of refusal letter..


care to share your time line ??
when u submit flr o
biometrics etc
..

[martanelly]

Hello,

My tier 4 visa expired the 31st of January and I applied the 25th. I took biometrics etc and I got a decision the 28 of April and the letter was delivered on Saturday.

I have not been given an appeal yet. I have been given just 14 days to apply for an administrative review. If they refuse that one I will be given the right of appeal.

I think all I care at this moment is that I am covered by section C3 in order to get to my 10 year date legally so that I can apply for ILR.

Thanks for your reply

[haris_zam]

oh you didnt mention earlier about completing 10 yrs, when are you hitting 10 years exactly. depending on that you may be able to buy some time on fp ...

[martanelly]

I will be able to apply for ILR on the 31st of August.

I have never been refused before. I have an excellent immigration record. I have never overstayed or anything.
It is the first time that I am refused and I reckon the case worker saw that and it is making my last months a nightmare.

I called the HO today because I am confused as to whether I was given the chance to lodge an administrative review or not( because the letter only says that if I have other grounds I should tell them)

I was told I just have to write to them( I took the name of the person I spoke too because if its not like that I cant mess this up, it is too important and I need to make sure I am covered by C3 Extended leave until my time comes.


I will write to them and I hope it takes them along time to reply. I will send the letter second class recorded so it takes them a long time to reply.

After if I am still refused, I will be given the right of appeal it says so its not so bad I guess. As long as I am legally until the 31st of August.

what do you think?

[noajthan]

HO helpline is notoriously unreliable and advisors are not held accountable for their advice.

If atill a student suggest enlisting support of your student support service.

And how much time do you think a 2nd class stamp will buy you?!

[Casa]

HO helpline is notoriously unreliable and advisors are not held accountable for their advice.

If atill a student suggest enlisting support of your student support service.

And how much time do you think a 2nd class stamp will buy you?!

Considering the general inefficiency of the Royal Mail service...maybe 2 weeks?

[martanelly]

Thank you all for your input.

Now I am a bit worried because if the HO helpline are not accountable for their advise.

*Yes Iam still a student, but I don't have tier 4 or CAS so I really doubt the University will be able to help me.

As I have never been refused, I have no idea what the administrative review wording looks like. Hence I called to ask.

Can anyone tell me please if it is an administrative review, it states in the letter plainly?

I am not really sure how much time I can buy once I send them the letter. I dont know how long it takes, but even if the decision is maintained, I will be given the right of appeal ( the letter says) unless I let them know after 14 calendar days.

can someone enlighten me please?

Thank you once again

[noajthan]

Even if this is an AR that would only address administrative & procedural types of errors on the part of HO caseworker.

It's not clear the caseworker has made such errors; unfortunately it seems they did not agree with your reasons and have decided not to issue a visa.

[martanelly]

I agree with what you say noajthan.

I am just confused with the wording of the letter because it doesn't mention anywhere that I can apply for an administrative review and therefore I don't know how to let them know of the new grounds reasons I have to remain in the UK. By writing?

It simply says that I need to let them know if I have other reasons.

It is quite ambiguous.

[haris_zam]

you are free to apply for another application , are you not . I mean you may be able to apply for flr fp eventhough you are not elegible , this is what I am planning to do . I have applied flr 0 because i have one uni exam left for june but wasnt given cas, same as you.. so i applied for flr o on the very last day of visa expiry and then ill see how far this can take me i have been almost a month into flr o without hearing anything. thanks God, my next step will be to vary this to fp. and then finally in july to ilr...

i am thinking that you arent issued with a removall notice which means you are still able to apply nder other basis.which according to my understanding is fp....

consult with a solicitor and see what you come up with and please update us ..

best of luck.

[martanelly]

Hello haris-zam
What grounds did you apply for ?
Did you have letter from The university?

When did you apply?
When are you eligible for ilr?

They sent my application back exactly 3 months after I sent my application.
They said that to finish university is not a good reason and that I can do that in my home country there the Secretary of State only give extensions with the flr o very rare ad therefore I was refused.

Question. How much did you pay for health surcharge ?

I will keep you updated.
I don't mind if they maintain the refusal as long as I am still covered by C3 in order to take me until August to apply for ilr.

[haris_zam]

Hello haris-zam
What grounds did you apply for ?last university exam left in june
Did you have letter from The university? yes

When did you apply?10 april
When are you eligible for ilr?17 july

They sent my application back exactly 3 months after I sent my application.
They said that to finish university is not a good reason and that I can do that in my home country there the Secretary of State only give extensions with the flr o very rare ad therefore I was refused.

Question. How much did you pay for health surcharge ?500

I will keep you updated.
I don't mind if they maintain the refusal as long as I am still covered by C3 in order to take me until August to apply for ilr.

sorry for the late reply , i kinda missed it ,, it got lost in the pile i guess.

what is your position now >>>??
what have you applied

[martanelly]

hello.
I asked for legal help because I have never been refused!!!.

The solicitor said that all these applications are always refused. She drafted a letter that I sent( because I have not been refused officially as I have not been sent an appeal letter) she is not the representative until then.

I sent the letter last week and I am waiting for the refusal and the appeal ( By the time I get to that I will have been eligible already)

I think that your case is a bit different because by the time they get to your application , you will be eligible for ILR. So even if they refused you, you can send a fresh application for ILR.

and we asked for my passport to be returned as it is my only ID . I doubt they will but I don't lose anything.

KEEP us posted. I will do the same. I am sure everything will be ok with you!!!!

[Cadbury]

If you don't mind may I ask you a question that How do you know that you flr o is refused if you haven't received any official refusal letter?

[martanelly]

hello.
I was refused but I was asked to sent a letter within 14 days stating any reason (other than the ones I applied for in the beginning) to stay in the UK. That is why I asked for legal help because I have not received yet the appeal form or anything.
my solicitor said that as the laws are very tight now, they barely( unless you have exceptional reasons) grant FLR0

Iwill see.I have to wait for them to get back to me.

hope this helps.

[HAY2016]

Hi All,

How can we know, if we are covered by section C3 or not?

Thank you,

[martanelly]

I believe it is until you exhaust all appeals or you withdraw your appeal.

I am very weary of what people say because they always say something different, so I stick to the guidances from UKVI

https://www.gov.uk/government/publicati ... d-3d-leave

[HAY2016]

Thank you Martanelli

[martanelly]

Hello everyone.

I am moving houses and of course the agency is carrying out all the proper checks because of the new law. The needed to used the landlord checking system because obviously the HO have my passport so I could not present it to the agency

They got a report saying : On the information available at the HO cant confirm that this person has the right to rent"
I almost had a heart attack until I realised that the agency missed a number. I called the HO and they said that the missing number is the reason why the report negative because they could not link the reference number given by the agency with my application.

I am in pins and needles because they had to do the check once again and I am terrified if they say no again.
Do I have the right to rent? surely I cant live on the streets until my application is decided?
Can someone here please enlighten me.

I assume is true but could someone who knows give me the headlights please !!!
Thank you so much in advance

[CR001]

Why is your passport with HO?

What application did you submit?

What was your last visa status and when did it expire?

Why move house when you don't have your documents? Why not just wait till your application is decided?

[vinny]

Merged.

[martanelly]

thank you for your reply.
I am moving because I have to. landlord sold the flat and lease its finished the 10th January.

The HO has my passport because I applied for ILR.


Why has my post been merged? (just wondering)I am asking a completely different question from before.

I had applied for FLR in January and it was refused but I was asked to provide more information and by the time it all transpired, I was eligible for ILR.