REJECTED FM: DID THE HO MAKE A MISTAKE? APPEAL FOR REFUND?

[finallyilrlr]

Hi all,

I am a British Citizen married to a European for 3 years now. He came to the UK last year in Feb 2021 on a work permit and its still going. We wanted to convert it to a spouse visa to give him more flexibility for work so his job isnt the only thing keeping him here.

We applied by ourselves for the FM route inside the UK and paid for a 24h turnaround. He just got rejected but the reasons they state are wrong. It says he arrived in the UK as a visitor in March 2022 (he went for work and came back to the UK on that date - but still on his work visa).

I wonder if the UK HO confused his entry to the country as he is European and saw that as a visitor trip? We did upload copies of his visa to show he is a skilled worker.

They said they believe its a genuine relationship, we meet the criteria for finance and language but failed as they consider him here in the UK as a visitor and so he cant apply from within the UK (!!).

We have right to appeal - should we do this ourselves? Do we need a lawyer? We have to pay for a mistake they made? Its so frustrating and I would really appreciate your advice on this - we are not well versed on Law - do we fork out extra for a lawyer? They ignored his visa (or were not so diligent to check that as he is a European so they might have thought he was here on visitor - or maybe there was an error at the immigration desk?)

Any advice is urgently requested please - we have a few days left to appeal!

[finallyilrlr]

Should we first contact our MP? Or appeal straightaway? I am flabbergasted how they can approve the finance side of things and see letters of employment saying he is working here full-time yet think he is on a visitor visa??

[CR001]

It says he arrived in the UK as a visitor in March 2022 (he went for work and came back to the UK on that date - but still on his work visa).

Was he stamped in as a visitor??

[finallyilrlr]

It says he arrived in the UK as a visitor in March 2022 (he went for work and came back to the UK on that date - but still on his work visa).

Was he stamped in as a visitor??

Nope! E-gates - I am wondering whether they have not updated the e-gates yet and as he is from the EU they just let him in. And only in an overstaying case would that trigger them to look into it further and only then see his skilled worker visa.

Its bizzare - we paid for the 24h service but didnt expect negligence! They literally saw the papers from his employer saying he is a current FT employee and saw his payslips - even passed us for the financial requirement!

I just saw the appeals process and not sure if we can communicate that to the judge who reviews. Does it need to go that far? We wrote to our MP but they got back saying covid has meant they are v slow to reply - should we just get a lawyer?

We have our first real holiday booked in as well so we dont want to miss out on that and be even further out of pocket!

thank you for your help Char - really grateful you replied

[finallyilrlr]

Do you also think we should apply for administrative review? Rather than appeal? It says we can appeal but no mention of administrative review - however I think it was more an administrative error?

[CR001]

If he was admitted as a visitor using the egates, it usually will cancel the work visa.

Would have probably been prudent to stand in line to get stamped in by the IO.

[finallyilrlr]

If he was admitted as a visitor using the egates, it usually will cancel the work visa.

Would have probably been prudent to stand in line to get stamped in by the IO.

His visa is still active - we can see it online when he logs in to check it.

[finallyilrlr]

does anyone have an email I can message about a technical issue/review/error in the case?

[CR001]

The refusal letter would have detailed your options and what to do, ie appeal or apply for adminstrative review

[secret.simon]

Does your spouse have a BRP giving him leave to remain in the UK or any other documentary proof of being able to work in the UK?

Also see this Freemovement article, this guidance that contains the quote below and the relevant regulations (from 2010 and 2019).

How will I be granted Leave to Enter if I’m coming to the UK with Indefinite Leave to Remain or a Tier 1 or Tier 2 visa?
You do not need to be granted Leave to Enter as your entry clearance or Biometric Residence Permit (BRP) already has the effect of granting you leave to enter the United Kingdom. You will not receive a stamp in your passport or a written notice following your use of the e-Passport gate.

[finallyilrlr]

Hi,

So as an EU citizen on a Skilled Worker visa issued in 2021 - its all online. We supplied a screenshot of it and a share-code they have (so gov workers can view the visa).

:/

[vinny]

Removing personal information, can you show us a copy of the screenshot?

Did he use this link to apply for his Skilled worker visa?

Did they put a vignette in his passport? Did they tell him to collect a Skilled worker BRP after arrival?

[vinny]

See also Digital Status for all.