FLR (M) - Fresh In-country Application Possible?

[BenMhor]

Hi, unfortunately my non EU wife and I (UK) applied for a FLR(M) visa and based on the reasons HO stated on their letter it looks as it they made errors of applying the rules and no assessing all the evidence provided. Because of these errors on their side they deemed our income not sufficient (it was truly but they committed serious administrative errors) they awarded my wife a grant under right to family life/child (as we have UK children). However this puts her on a 10 year track to ILR instead of 5yr with FLR (M). Couple of questions: (1) since we do have other sources of income we could have submitted but didn't naively thinking they would do their job properly - can we lodge a FRESH in country application for FLR (M) even though we have been granted another class of visa and (2) is this the sort of thing we can resolve through a reconsideration or admin review? (Question 1 is more important : I was told by a friend to lodge a fresh application but cannot imagine how this would be possible if we have already been granted a visa or (3) is there any other way to "vary" / modify her visa conditions back to FLR (M)? Thanks !!

[CR001]

What was the income your declared in the application and what was the exact wording of the refusal (less any personal details)?

[BenMhor]

Thanks. We declared gross rental (7C) income of £20,000 on two rental properties. What wording exactly : re the visa grant. Wife was granted under right to family life instead of as spouse due to their deciding we did not meet financial requirements.

[BenMhor]

We were refused our application for a FLR(M) visa based on provision of documentary financial evidence. As such we were instead granted a 10 year route discretionary leave to remain visa but the very onerous 10 year route variety. Our FLR(M) refusal decision was completely flawed as the case officer claimed (a) we hadn't provided mortgage statement to attest to ownership of rental property even though we had provided title deeds in the alternative (as allowed under the Rules) and we own the property outright (so no mortgage anyway) (b) claimed we had not provided 12 month bank statements even though the Rules do not require a full 12 months worth of statement only that you provide statements FROM the last 12 months and for which the income is relied on and (c) could not see rental payments being made on bank statements (which were paid in and visible (they probably claimed this since I suspect they were looking for the tenant's name (and had not checked that payments were to be made by the property agent to us net of their fees as per the tenancy agreement also supplied). Clear and outright case working errors and yet a nightmare to fix. Any idea (1) how successful the Judicial Review route is (b) how long that process normally takes (c) any other options..?

[vinny]

First step: You may request a reconsideration.

[CR001]

Thanks. We declared gross rental (7C) income of £20,000 on two rental properties. What wording exactly : re the visa grant. Wife was granted under right to family life instead of as spouse due to their deciding we did not meet financial requirements.

Is the £20k rental income AFTER tax and expenses?

[Obie]

The gross income of the property rental is taken into account.

I agree with Vinny, you must demand a reconsideration or send a PAP.

[Wanderer]

The gross income of the property rental is taken into account.

I agree with Vinny, you must demand a reconsideration or send a PAP.

But if the OP has not paid/declared the tax on this income? We all know UKVI is very aggressive on this at the moment.

[Obie]

Well if that was their reason, then it ought to have been properly stated in refusal.