FLR(M) Refused with no Appeal Rights. Going for JR

[Postman_2016]

Hi All,

Here is the background.

I came in Uk on Tier-4 visa, finished my degree participated in Uni competition and got endorsement for 1 year graduate entrepreneur visa. Got visa, expiry on 21 Jan 2016. I met my now wife(British) in April through family arrangement. Got culturally/ religiously married in Sep 2015. Applied for registration at reg office in Oct. notice for marriage referred to HO for investigation. Cleared at end of Dec. registered our marriage in Jan and Applied for Flr(m) before expiry of my visa.

HO invited for interview in April, it went fine. My solicitor was present there. Heared nothing from HO till Aug. in first week of Aug they sent letter asking me to attend their office for service of decision. My lawyer said not to attend, he wrote HO to serve decision on legal representative or explain why client should attend their office. No reply for weeks, reminder sent. Received refusal on 26th sep, but it was dated 18th july. Reasons of refusal:
They pointed out some 12 question which they thinl are inconsistant. 3 were pretty much same answer 2 were manupulated. 2, answers were same as we gave but question were not they asked. Second reason we did not provide bank statements on bank stationary. No Appeal rights. Asking me to leave country immidiately. Received detention letter couple of days later asking to report on reporting centre in a week time. Lawyer sent Pre Act Protocol but requires at least 14 days.
Questions:
Should i go for reporting while it fall in Pre Act Protocol period?
I had fairly good life now everything is destroyed. No work rights, being considered illegal. My wife is in shock. What are chances to win this?
Driving license can be cancelled?
What are my options?

[Obie]

So in a nutshell, they said the relationship is a marriage of Convenience, and not covered by appendix FM, right?

And as it is a marriage of convenience, you are not covered as partner, and therefore you claim is certified as clearly unfounded, with the effect of you having no appeal rights? Correct.

[Postman_2016]

Thanks Obie for reply.

They did not use term Marriage of convenience. Wording was relationship is not geniune.
Yes decision has certification, saying human rights claim is clearly unfounded and i do not fullfill maintaince requirements( as i did not provided them with statements on bank sationary)

[Obie]

Why did your lawyer not provide the evidence stipulated on Appendix FM-SE.

[Postman_2016]

We should have, but major concern is relationship. As per appendix FM-SE they must request right type of document if that is the only reason for refusal. But they did not bother as they were going to refuse on relationship

[Obie]

Yes the evidence flexibility requirement. However if the claim would have been refused on other basis, then it is unnecessary.

If the whole set of document you produced is not correct as opposed to document in a sequence, they could still choose not to have requested further documents.

[Postman_2016]

I just dont understand that i am given appeal rights?
Certification on human rights claim? I did not make human rights claim in application. I was well within flr(m) requirements. I am not overstayer.
Have you come accross a case where appeal rights are not given in flr m cases?

[Obie]

Very many. I guess you do not have kids, right?

[Postman_2016]

Right, i dont have kids yet.

[Obie]

Article 8 has been incorporated into the rules. Therwore your application as spouse is within the framework of Article 8 in the rules. The government has reduced appeal right to cases where a human right claim was made an refused, unless the claim was certified as clearly unfounded.

[Postman_2016]

what are my chances in this case?
I can prove my relationship any day if a fair chance is given.
But how optimistic i should be about JR?

Detention, no work rights, driving license cancellation?
Just because i followed stated rules, had decent job, paid taxes.

[Obie]

what are my chances in this case?
I can prove my relationship any day if a fair chance is given.
But how optimistic i should be about JR?

Detention, no work rights, driving license cancellation?
Just because i followed stated rules, had decent job, paid taxes.

You chance is dependent on the actual circumstance of your case, and how much effort and time your rep puts in properly presenting in.

I don't know the reasons given and whether in law, they are justifled, so I am confined to general advise.

[Postman_2016]

Thanks Obie,

Any advice regarding reporting centre? My reporting date falls in PAP period?

[Obie]

Speak to your lawyer, he should advice you on those matters, as that is what you are paying him for.

[Postman_2016]

Thanks Obie.

[dilse4srk]

HI Postman_2016

I have similar scenario to you, the only difference is i applied for an flr fp extension in may 2016, which was previously allowed by judge in sep 2013. This time HO refused my application saying "we do believe your relationship is genuine, but since you are only in uk for 6 months we believe you and your wife can continue life outside of uk". They gave me out of country appeal right. And in reality i am legally residing in uk since 2009

I was refused on 13 sep 2016, my solicitor wrote PAP on 21sep 2016 and we got the response by HO on 3rd oct 2016 saying we are going to reconsider your application.

I also received the reporting letter straight after refusal which i did not attend as i received the letter late, but so far nothing happend, my solictor now tells me to go for next reporting which is in 2 weeks time and since i now have reconsideration from HO so i should be fine. I also involved my MP in this as well who is looking into this matter and will be writing to HO IN NEXT WEEK about the wrong/ errored decision they made on my application. The IMMIGRATION ADVISOR in MP's office says "HO should have granted you visa as it was just an extension of the same visa which judge allowed your appeal under and you already proved infront of judge everything, you dont have to prove them again to HO".

I just hope you get a positive response of you PAP asap, i will update you once i go for my reporting, i hope it goes well for me. me and you are in same boat

[Postman_2016]

Hi dilse4srk,

Thanks for your reply.

In this scenario, i think and I hope you are at a very good position. You have proved your relationship in court. HO clearly mentioned wrong grounds for their decision. MP is also involved. looks great.

So far what i know from general information- if HO is reconsidering their decision- there are no reasons for your detention. I hope you get through this soon.Best of luck.

In my case what is hurting me most is that they certified decision and did not give me appeal rights. Had i got the appeal rights i would not be worried.
How long after PAP, HO responded for re consideration?
Did you receive any reminder on IS96?
did someone visit your home?
do you have kids?

[dilse4srk]

How long after PAP, HO responded for re consideration?
PAP was sent on 21 sep 2016 and HO sent us fax response on the 13th day which was 03 oct 2016, just before the deadline we gave to HO

Did you receive any reminder on IS96?

after missing the reporting i received an email saying, i need to contact reporting centre asap otherwise they will arrest me, but my solicitor says its an automatic email sent to everybody who misses reporting.

did someone visit your home?
I dont whether somebody visited home or not as when we served PAP, we had family tragedy so i had to travel to other city for a week, and when i came back i got HO responce to PAP

do you have kids?

NO kids

Also i received a detailed email from my MP today who tells me that this was a wrong decision by HO as judge already allowed you appeal and it was home office who issued you visa in 2013, they should not have given you visa in the first place if now they have problems.

She also said she is going to write to HO next week and also going to look at other legal aspects.

i personally think the reason HO replied to PAP is because of the judge decision letter we attached with PAP. i guess the CW was sleeping while dealing with my case as he stated i am only living here for 6 month, Funny thing is he had my previous 2.5 yr visa issued in uk.

i HOPE reporting goes well for me. My solictor said we will wait 2 months for them to give us a decision on reconsideration if not then we will have to file jR

[dilse4srk]

When is your reporting date and when did you file PAP

[Postman_2016]

Hi,

My solicitor filed PAP on 30th september. My reporting date is Today. My solicitor gave me same advice. Now i have to wait until either HO sends me reconsideration letter or after 14 days JR will be filed once i receive acknowledgement for that i will go for reporting.

I think you have been unfortunate that an extremely lazy person dealt your application but your chances lool very bright. Goodluck

[CR001]

Did you apply for FLR(M) while you had the FLR(FP) application in process with HO?

Application type (FLR(FP); spouse of British wife
Application Submitted on : 10/05/2016.
Application Recieved : 12/05/2016.
Postal or In Person Application : Postal
Acknowledgement Received on (for postal app) : 10 june 2016
Biometric Letter Received : 03 AUGUST 2016
Biometrics Enrolled on : 04 August 2016
Additional Documents Requested on (if any):n/a
Decision of Application : refused
sent PAP on 21 sep 2016, current status is HO reconsidering my application
Date of Decision : Pending :13 sep 2016

[dilse4srk]

What were the points raised in PAP by your solictor.

In my PAP we focused on our previous judge decision and previous immigration history and pin pointed the wrong / errored points made by HO. i would strongly advise you to involve your MP in this.

In 2013 when HO granted me visa they were not returning my original documents as they were too lazy, sent them emails and letter but no response. I wrote to my MP and she called them rather then emailing and straight away after 2 days i had signed for delivery. So that is the benefit of involving MP . AND this time too MP is taking keen interest as she remembers me and my case .

which reporting centre they asked you to come

[dilse4srk]

Did you apply for FLR(M) while you had the FLR(FP) application in process with HO?

dilse4srk wrote:
Application type (FLR(FP); spouse of British wife
Application Submitted on : 10/05/2016.
Application Recieved : 12/05/2016.
Postal or In Person Application : Postal
Acknowledgement Received on (for postal app) : 10 june 2016
Biometric Letter Received : 03 AUGUST 2016
Biometrics Enrolled on : 04 August 2016
Additional Documents Requested on (if any):n/a
Decision of Application : refused
sent PAP on 21 sep 2016, current status is HO reconsidering my application
Date of Decision : Pending :13 sep 2016



Cr001,
I applied for flr (m) visa in 2012 which was refused but went into appeal and allowed by judge in 2013 . So, answer to your question is
No i had 2.5 years visa granted under human rights in 2013, this year it was an extension of same visa so we used flr fp application which is refused in sep 2016 on wrong grounds, fingers crossed as HO is now reconsidering my application since we sent them PAP. i have reporting next week , can they still detain me while i have pending reconsideration, although i missed 1st reporting because i received the letter after the reporting date and we have royal mail confirming this as well

[CR001]

The heading of your topic is the misleading bit as you said FLR(M) refused and not FLR(FP).

[dilse4srk]

this thread is not mine, i was replying to postman_2016 question who actually created this thread