Hello,
My wife's FLR(M) application was recently refused for not meeting the financial requirement. The letter stated, "You fail to meet the eligibly requirements of paragraph R-LTP.1.1.(c)(ii) because you fail to mer paragraph E-LTRP.3.1-E-LTRP.3.3 of Appendix FM of the Immigration Rules.
They included my employment income in their refusal decision but not my wife's employment income even though her income was also listed on the application we submitted. They also kept her passport. We plan on appealing because they did not include her income at all even though we included her bank statements and her USA tax records documenting her income. We could not provide payslips because she has her own online business but we did explain that in an attached letter that they opened. With our combined employment income we more than meet the financial requirement.
We are planning on appealing but we are not sure under which act would should appeal as this is a case of the Home Office not considering or even addressing my wife's income.
We were given the right to appeal either under "section 82 of the National, Immigration and Asylum Act of 2002 because the Secretary of State has decided to refuse your human rights claim"
It the goes on to explain how to submit a "notice of appeal" and provides the website.
The letter contiunes;
"You may appeal against the refusal of your human rights claim on the ground that the decision is unlawful under section 6 of the Human Rights Act of 1998. You should not appeal on grounds which do not apply to you. You must give arguments and any supporting evidence which supports the grounds you rely on."
"For further advice about the appeals process and details of any fees payable are available from the First-tier Tribunal web site.
Under what act do you think we should appeal?
As anyone had any success with the appeals process?
Further, would you recommend an oral hearing or a paper hearing?
Thanks in advance!
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222