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Home Office Grants The wrong Leave On Wrong Grounds

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iazm4
Newly Registered
Posts: 6
Joined: Sat Apr 27, 2013 2:38 am

Home Office Grants The wrong Leave On Wrong Grounds

Post by iazm4 » Sun Nov 20, 2016 11:35 am

Hi! I need some help please, I applied FLRM visa and been granted FLRFP (10 year family route). Home office refused my FLRM visa on the basis of not providing employer letter, letter not confirming national insurance contribution and English language requirement.
I'm in UK since 2010 and my husband has indefinite leave on 10 year route in 2015, he earned £19500 both from salaried job (£15000) and self employed (£4500). He paid national insurance on his salaried job but didn't pay any national insurance on his self employment because from April 2015 class 2 national insurance will be collected through self assessment of £5965 . Which make home office decision wrong because it was not due on £4500 self employment.
For English language I have Master degree which is UK naric equivalent standard Bachelor's degree and letter from university which shows that qualification was taught in English.
Home office guide lines for English: have obtained an academic qualification recognised by the National Academic
Recognition Information Centre for the UK (UK NARIC) to be equivalent to the
Standard of a Bachelor’s or Master’s degree or PhD in the UK; and
• provide the specified evidence to show that they have the qualification and that it was
Taught or researched in English.
So they have both invalid objection for both national insurance contribution and English language but I have not provided them employer letter which we had at the time of application, we provided them P60, last 12 months payslips and full accounts and accountant letter.
Could you please advice should I have to appeal the home office decision or new application?
I have not received any letter from home office which can advise me how to appeal against the decision because instead they granted me FLRFP.
Where I should write?
And how many days I have after receiving the home office letter (FLRP visa instead of FLRM)
I’ll be much obliged for your kind advice.
Thanks

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Home Office Grants The wrong Leave On Wrong Grounds

Post by vinny » Sun Nov 20, 2016 11:47 am

Did you have UK NARIC's confirmation?
Did you satisfy Appendix FM-SE, etc?

Ask for a reconsideration, if you think there's a mistake.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

iazm4
Newly Registered
Posts: 6
Joined: Sat Apr 27, 2013 2:38 am

Re: Home Office Grants The wrong Leave On Wrong Grounds

Post by iazm4 » Sun Nov 20, 2016 1:57 pm

Hi!Thanks for your reply , i have UK Naric certificate which confirm my degree equvaliant to UK Bachelor’s
degree and fulfil all other requirements of Appendix FM-SE but i have been told by one of the solicitor that i can apply within 90 days for reconsideration and now its two and half months .
What you think should i have to apply for reconsideration ?
Thanks

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Home Office Grants The wrong Leave On Wrong Grounds

Post by vinny » Sun Nov 20, 2016 11:25 pm

Reconsiderations wrote:Time limit for making a reconsideration request
The reconsideration request must be submitted within 14 working days of the deemed date of receiving the decision, for all decisions made on or after 6 April. Applications submitted after this deadline has expired must normally be rejected, unless both the following apply:
 there are exceptional reasons which prevented the applicant from making a request within the time limit
 the request was made as soon as reasonably practicable.
The applicant may need to provide evidence of the exceptional circumstances.
For decisions made before 6 April, the deadline is 3 months from the deemed date of receiving the decision.
The deemed date of receiving a decision sent by post to a UK address is 2 working days after the decision was posted, unless the migrant can prove they received the decision on a later date.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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