FLR(M) refused as Further submission of FLR(FP).Help needed

[Sarker88]

Hello Everyone,


I have applied for FLR(FP) on 24/08/15 mentioning relationship with my girlfriend (now my wife), which has been refused on 5/3/16 without any appeal right and I’ve received the refusal letter on 11/3/16.
In the mean time on 6/1/16 we gave Notice to get married and in 5days time we got HO confirmation.Solicitor sent letter on 15/3/16 mentioning I’ll apply for a Fresh claim after Marriage.
We got Married on 29/3/16 and submitted FLR(M) application on 7/4/16. HO took Payment and did Biometric on time.
Btw, My wife is White British and we met Home office Income requirement through her part time employment and self employment.

Recently on 24/2/17 we received a letter from HO asking me to go to Becket house for service of decision on 7/3/17. My solicitor advised me not go, instead he sent a letter to give decision by post.

Yesterday, 13/3/17, I received my refusal letter with no appeal right. they didn’t consider my application but further submission of my previous for application. and the grounds of refusal is pretty much same as the last refusal. they acknowledged they received all the documents including - Marriage certificate, bank statement, tax submission documents, etc. but they mentioned few things such as :
- we weren’t married when we submitted application ( same as last refusal letter) which is wrong
-HO said my last refusal was 5/3/16 and we received 11/3/16 still i didn’t make any application within 28days therefore, I’m an overstayer and it doesn’t count my 3C leave.
-HO didn’t find any significant change in my life as I’m still in a relationship with the same person, therefore it was unsuccessful.

whatever reasons they stated nothing was correct. in fact they didn’t consider My FLR(M) as a fresh application. HO considered me as an overstayer since 5/3/16 and I’ve no appeal right.
My solicitor suggest me to consider JR.I'm in deep stress and looking for some suggestion.
what can I do in this situation? any suggestion would be appreciated. 
I’m a new member and apologies for any confusion.


Thank you.

[Obie]

Well a decision is not effective until it is served, so if indeed it was received on the 11-03-2016, then the 28 days starts from then i would have thought.

[Sarker88]

Hello Obie,
Yes,exactly.I applied within 28days but HO said I didn't submit any application and the FLR(M) I made considered as further submission of my refusal of FLR(FP). It doesn't make any sense hence I paid IHS and Application fee as well.
I'm shocked, don't know how long it might take to resolve as it's almost a year.

[Obie]

You may have to send them a Pre-Action Protocol. I wish you all the best.

[Sarker88]

Thanks for your suggestion. Hope it will be sorted for me.

[Obie]

Hope there is proof that it was received on the 11-03-16, like a solicitor's Stamp or Royal mail stamp? otherwise there will be difficulties ahead.

[Sarker88]

yes, we have it and we sent the royal mail printed copy as well with the flr(m) application and mentioned it on the cover letter to point we made application within 28days time.

[Tamandua]

It’s 28 days (now 14) from the date of the decision (or refusal letter). I got this information at a reporting centre, though the immigration official gave me the HO’s general inquiry number for me to confirm it.

[Sarker88]

Hello, just an update, I have sent a Pre-action Protocol through a solicitor firm on 16th March and HO sent a fax today mentioning they will reconsider my application.Hopefully something positive will happen.