FLRM Refused,seems wrong decision given

[Nabchat]

Hi all
I applied for FLRM Visa on 12/04/16 after my FLRO was refused on 22/03/16. My husband is ILR and stared his job on 01/04/2016,£190000 package. I was working full time an self-employed before my flro refused. I earned £10,600(self-employed) + £8600(employed) in last 1 year. Now they have refused me saying my employment earning does not count as I resigned when I applied for FLRM(Left job bcoz FLRO refused and applied within 28 days for FLRM). Also on the time of application my husband's employment was less than one month so they cannot accept that.
I am very surprised by their decision. I was earning while my 3C was valid and I think any earning during that time is acceptable. They only accepted my self employment earnings and rejected the salaried earning. Right of appeal has been given and my lawyer is suggesting to lodge the appeal and when my husban'd's 6 months will complete(October), we will apply a new FLRM application. I strongly feel their decision is wrong. Can I request reconsideration or appeal is the best way. I just want to know is there any quicker way as I don't want to sit idle unemployed without my fault. I need to visit my parents as they r not well. Please any advise is highly appreciated. Thank you.

[ILR1980]

Did you read the rules/guide about how to meet financial requirement before applying for FLR(M) ?

[Nabchat]

Thanks for ur reply. I did check. If the employment is less than 6 months,need to show £18600 for last 1 year which I did. My total income from April 2015 to March 2016 was £19200. FLRO refused on March and my husband got a job after receiving his ILR on Feb this year,his earning is £19000. If I am not wrong I can show my earning when my 3C is valid(applied FLRO on 0ctober before my current visa expired). According to the caseworker they can't accept my salary as I left my job in April 1st and applied FLRM on 12/04. Are they right in making this decision? I am feeling so frustrated. My passport r with them from last 9 months and God knows how long it will take. I guess lodging an appeal is the only option to stay here.

[CR001]

You have to meet the financial requirement, and ongoing, at the time of application.

[Nabchat]

You have to meet the financial requirement, and ongoing, at the time of application.

Thanks. But didn't I met the Financial requirements as on the time of applying my income was £19200 for last 1 year and my husband was already employed £19000. Am I missing something here? My lawyer said if we wait till October when my husband completes 6 months of employment,we will withdraw the appeal and reapply. Is this sound good to you guys? Thanks

[CR001]

You need to show the most recent and ongoing employment to meet the financial requirement. Your husbands income of 1 month hasn't been considered at all, which is correct. You left your job, so were not employed so your income hasn't been considered.

It has to be employed and earning at the time of application and 'ongoing employment'.

[Nabchat]

Thanks for your reply. One more question please. What do you think of the success rate for the visa approval after I lodge the appeal and then apply on October?

[CR001]

Lodge appeal, hope there is a delay, when you have 6 months evidence of income, withdraw appeal (wait for confirmation of this) and then reapply.

Why did you submit an FLR(O) application and what grounds did you ask HO to consider?

[Nabchat]

My lawyer said they are taking time to send notice of hearing so hopefully we can buy time. We need 4 more months.
My husband was on Tier 4 visa and applied for ILR on basis of 10 years residence. And on that time we didn't meet the financial requirements so I applied for FLRO. HE received his visa on Feb and I was waiting to file my tax on April to meet the requirements, unfortunately they refused FLRO before that.I know we should have varied the application but I was waiting for tax return. Then I applied for FLRM with 28 days of refusal. I am happy at least I am given right of Appeal which was unexpected. Thanks for ur help.

[CR001]

How long have you been in the UK?

You should have applied on FLR(FP) if you did not meet the financial requirement instead of FLR(O).

[Nabchat]

I have completed 7 years this June. Our solicitor advised us. I know I messed up big time.

[CR001]

You were only given right of appeal because you have no visa.

Is your right to appeal an 'in country' or an 'out of country' appeal?

[Nabchat]

You were only given right of appeal because you have no visa.

Is your right to appeal an 'in country' or an 'out of country' appeal?

I have been given 'In country' appeal,and have 14 days to to lodge it.

[Nabchat]

Can someone help me with this query please. My lawer has filed the appeal today. I want to know my immigration status during this time. Is Section 3D of the 1971 Act or section 78 of the 2002 Act will applied? Can HO detain me while my appeal is pending? Thank you.

[Nabchat]

Attention of the Gurus!!
I came through a query made on June 2014 and the OP's situation was quite identical to mine. I want to quote Obie's statement here "You wife was entitled to work until this month when the Tribunal refused her application, as section 3(C) was in play. Provided she was working, , then any income she earned within the last 6 months, could be added."
My question is I was working till March end while 3C was valid. After that in 28 days I submitted FLRM visa and showed my last 6 months salaried income and self employed income. They did not accept my salaried income stating I am not working on the company now,so they cant accept it. They also said my husband's employment was less than 1 month but we send them hus first month payslip and statement. There is no mention of that in refusal letter and they havent sent me back his payslip and statement(confirmed they received it by calling HO). My lawer has filed the appeal. Please advise,specially Obie. Please help.

[Nabchat]

Can someone please shed some light into it. Would be a great help. Thank you.

[rukhsarmanzoor]

You wife was entitled to work until this month when the Tribunal refused her application, as section 3(C) was in play. Provided she was working, This is the key bit - provided you were working at the time of application, which in your case you were no longer in the employed post so it doesn't count , then any income she earned within the last 6 months, could be added.