Flr Fp refused, no right of appeal and no work, urgent

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 10:31 am

HI All

I need urgent advise on refusal of my flr fp 2nd extension. I have read similar posts so could not find an answer to my questions so i thought i should post my new thread. Please i need urgent advice

I came in uk in 2009 on tier 4 visa and got married in 2012 , so i applied for spouse visa which got refused but i won the appeal and was issued 2.5 year leave under human rights in september 2013.

In may 2016 i put an application for flr fp extension which was refused yesterday (16 sep 2016, letter dated 13 sep 2016).

There is no obvious refusal , but they refused the application saying you have been in uk for 6 months so we believe you can continue your life in your home country with your british wife, which is totally wrong

i went paris 6 months ago for visit on schengen visa with my wife. (home office said you enter uk via paris and only been in uk for 6 months)

I have been legally staying in uk since 2009. My solicitor said we will write PAP to them and challege the decision

I would like your advice whether this is the right step by my solicitor. Moreover please tell me if i can work while my solicitor writes PAP to home office? As it says in letter you must leave the country after 7 days of receiving this letter and you are not allowed to work this is the most worrying thing as the letter was posted on 13 sep but we received on 16 sep does this means i have lost 3 days already

If there is any other option please please share with me.

Post by **Obie** » Sat Sep 17, 2016 11:05 am

Why did your lawyer make FLR(FP)?

Why did he not make FLR (M)?

Are you not working or meet the financial threshold?

What was your wife doing in France for 6 months?

Do you have children?

You case seems a bit complicating, and it is unclear how it was presented.

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 12:02 pm

HI Obie, my case was extremely simple and not complex at all, answers are below

Why did your lawyer make FLR(FP)?

In 2012 when i got married, i tried to change my tier4 visa into spouse visa but my wife and i was not meeting the financial requirement, so HO refused my application but gave me right of appeal which we won in first tribunal, the judge allowed the application under article 8 human rights, HO gave me 2.5 year visa out of immigration rule but on my brp it says "family spouse visa". Before making the application we called HO to ask which application we should make and they told us apply FLR FP because you were granted leave under human rights

Why did he not make FLR (M)?

since FLR (M) application was refused in 2012, i was given visa under human rights , so this was the extension to the visa given to me in 2013

Are you not working or meet the financial threshold?

in 2012 me and my wife were not meeting the financial requirement but soon after i had my human rights visa, me and my wife started earning above 50k and we still are earning above 50k

What was your wife doing in France for 6 months?

HO totally got it wrong, me and my wife just went france on a day trip, i continuously worked and lived in uk since 2009 and in october 2015 me and my wife decided to visit france, so i applied schengen visa and visited france in the morning and came back to uk in the evenving

Do you have children?

NO

You case seems a bit complicating, and it is unclear how it was presented.

Post by **CR001** » Sat Sep 17, 2016 12:47 pm

If you meet the financial requirement, you should have applied on FLR(M).

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 3:01 pm

HI c001. before we made the application in may 2016. we called HO and asked them that the previous application was allowed by judge "outside of immigration rule under article 8" and HO gave our client 2.5 year spouse visa which is confusing so please tell us which application to log. HO said you shoild apply for FLR fp application because it was allowed under article 8.

Yesterday when i received the refusal letter, HO said we believe you have genuine relationship with your wife and we beleieve that your partner will have no problem continue her life with you in your home country since you only been living in uk for past 6 months.

Here HO is totally wrong because i have been living in UK for past 8 years and currently working in IT sector, i have established my social and professional life in uk.

My solictor is going to challenge HO on their mistake they made by not reading my immigration history properly.

HO said i entered uk via paris, which is again not right . i went paris on a day trip with my wife

Please please advise me what should be the right steps to take at the moment, and will i loose my work rights as soon as PAP will be logged or i will receive a letter from HO.

Post by **Casa** » Sat Sep 17, 2016 3:49 pm

Your solicitor should know better than anyone the right steps to take surely? They are in possession of the full facts of your case and this is what you're paying them for.

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 3:51 pm

HI Casa

I appreciate your reply, but this was not the answer to the questions i asked.

will i loose my work rights as soon as PAP will be logged or i will receive a letter from HO?

and also what about the 7 days notice given to me to leave the country?

Post by **CR001** » Sat Sep 17, 2016 3:55 pm

If your visa has already expired, you don't have the right to work as far as I am aware.

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 4:49 pm

HI CR001, when i applied for my extension in may 2016 , i had full right of work and i know this because my work placed did an employment check on me by contacting home office and they were told "i am allowed to work full time as long as my application is in home office" and now they have refused my application and wrote on refusal letter i must leave the country now and i don't have any work rights.

They gave me 7 days to make any legal representation

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 4:52 pm

My refusal letter also has "enforcement letter " attached at the end.

Can any body tell me what is it regarding "does this act as a removal notice".

Post by **CR001** » Sat Sep 17, 2016 4:56 pm

Has your visa already expired?

Does the letter state you have the right to appeal or to submit an AR (administrative review)?

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 5:02 pm

My visa expired on 15 may 2016, the application was logged on 10 may 2016
So at the moment i was legal because i had a pending case in home office . i am not given right of appeal or adminitrative review. The letter states

1. i should leave the uk now, i do have out of country right of appeal
2. i cannot work

i am given 7 days to make any legal representation.

They accepted in the refusal that our relationship is geniune, but since i am only here for past 6 months so i do not have strong boundings with uk and my partner can continue her life outside uk.

HO have made an error on my residency here in uk, this is what my solictor will challenge.
The judge previously gave me visa because of my marriage and my private life in uk, this time it was an extension to my flr fp

Post by **CR001** » Sat Sep 17, 2016 5:04 pm

I am surprised you have not been given option of administrative review. I would suggest you do it though if HO made an error.

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 5:06 pm

the bondings and social life in uk was already justified infron of judge 2.5 years ago, that why judge allowed my visa under article 8 and this time it was an extension to that previous visa, i just dont understand what made home office think that my boundings are not strong and i should leave, although i am working in IT sector and regular tax payer

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 5:09 pm

My solicitor said we will write a PAP to them and if they ignore this we will do JR or if possible will take this to high court, i am ready to spend money, i just dont want to leave uk because it will be even harder to fight with HO outside of uk.

Although my last option would be to apply spouse visa from outside uk as my wife is earning 21k

dilse4srk · Post by **dilse4srk** » Sat Sep 17, 2016 5:18 pm

my 2 questions still remains there.

1. if somebody logs PAP , does this revokes work right (assuming i have work rights)
2. will PAP affect my continuous residency?

Post by **CR001** » Sat Sep 17, 2016 5:40 pm

dilse4srk wrote:my 2 questions still remains there.

1. if somebody logs PAP , does this revokes work right (assuming i have work rights) You have no work rights.
2. will PAP affect my continuous residency? Only if a JR is successful. As it stands now, you have no continuous residency or valid leave.

Post by **Obie** » Sat Sep 17, 2016 6:19 pm

Had the application been refused with a right of appeal, your right to employment would have continued.

I am concerned about the certification, given the fact that your appeal was previously, even though it is unclear why the appeal was allowed notwithstanding the fact that the financial requirement is not met.

It may be the case, that the Judge concluded then that their was in insurmountable obstacle to you returning with your wife to your home country, and Home Office takes the view now, that no insurmountable obstacle exist at this time.

I believe the certificate may be too harsh, if not unlawful.

Thing never use to be this bad.

I witnessed a case where a person had won his deportation appeal, and then the SSHD sought to deport him again after the 2014 act came into effect, following the renewal of his discretionary leave, even though he had committed no subsequent offense.

The Judge found it most troubling, like i did. The presenting officer states that this is their new policy. That they are allowed to review things again.

I don't believe it is review, it is more like circumventing the decision of a tribunal.

These days the decision of tribunal counts for nothing with the Secretary of State.

dilse4srk · Post by **dilse4srk** » Mon Sep 19, 2016 11:31 am

HI Obie

just a general question, once we file PAP what would be my status in uk. would i have any temporary leave for the time i am waiting for everything to sorted while HO replies to PAP and decides whether or not to reconsider or rectify their mistake?

Say for example if authorities asks me what leave do you have, can i tell them we have filed PAP.

dilse4srk · Post by **dilse4srk** » Mon Sep 19, 2016 1:55 pm

just an update on my case, today i am issued with IS.96

Can somebody please guide me what the importance of this, as we are filing PAP tomorrow

dilse4srk · Post by **dilse4srk** » Mon Sep 19, 2016 3:27 pm

HI All

I am today issued IS96 with option b ticked, i will be going for Pre action protocol letter tomorrow and my first signing on is on 22 sep.

My question is once we log the PAP am i safe for signing?

home office made a clear mistake and thought i am only legally living in uk for past 6 months when the reality is i am in uk for past 8 years legally, did my graduation here , got married here and this time applied for FLR FP extension but refused. working as IT consultant for past 3 years and my wife is british citizen. Need urgent advice please

Post by **noajthan** » Mon Sep 19, 2016 4:37 pm

Kindly refrain from posting repeated multiple questions everywhere - stay with this topic.

dilse4srk · Post by **dilse4srk** » Wed Sep 21, 2016 9:21 am

All
need some urgent advice, we (my solicitor) has filed PAP today "via email"

I am also issued with IS.96 letter asking to report tomorrow,

my question is

Am i safe while the PAP is filed, i mean can home office detain me if i go for reporting tomorrow?

And what happens if i miss the tomorrows reporting , in hope of getting a response from home office within 14 days

dilse4srk · Post by **dilse4srk** » Wed Sep 21, 2016 11:32 am

can somebody advice on this.

dilse4srk · Post by **dilse4srk** » Wed Sep 21, 2016 2:10 pm

All

My Solicitor just emailed the PAP letter to UKVI, along with the PAP we have also attached the first tier tribunal "allowed" appeal doucment in which me and my wife presented before the judge that we cannot continue our life else where and judge was satisfied and allowed the appeal.

This time it was just an extension for the same application. Fingers crossed

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Flr Fp refused, no right of appeal and no work, urgent

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Re: Flr Fp refused, no right of appeal and no work, urgent

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Re: Flr Fp refused, no right of appeal and no work, urgent

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Re: Flr Fp refused, no right of appeal and no work, urgent

Re: Flr Fp refused, no right of appeal and no work, urgent

Re: Flr Fp refused, no right of appeal and no work, urgent