My wife FLR (M) Refused

[aakkoo]

My wife entered UK on 19th jan 2012 and i applied FLR(M) for her along with my ILR. I got my ILR few days back and today i got refusal of my wife FLR(M).

1) My wife passed her English EMD certificate which is B1 Level, I am not aware it is not acceptable to HO.

2) To be honest i did not get there other points of refusals. Every immigrant has some social connection back home.

3) I had a daughter at the time of applying for FLR(M) but did not disclosed in the form thinking after my approval will apply directly for her registration.

Now they have given appeal right (Dead Line is 07 March 2014) or to go back home. Need help from seniors guys what will be best option either to go for appeal dont know now a days how long that will take on appeal or apply for her again with a new english certificate or even go for SET (M) as she has completed her two years stay.

[CR001]

why didnt you apply for her ilr when you applied for ilr? did you apply under 10 years long residence?

english is level a1 for flr(m) applications

[aakkoo]

why didnt you apply for her ilr when you applied for ilr? did you apply under 10 years long residence?

english is level a1 for flr(m) applications

You are right i applied on 10 years basis. My wife has done B1 which exceed A1 but not sure why they did not accept it.

[MPH80]

Because EMD aren't on this list: http://www.ukba.homeoffice.gov.uk/polic ... appendixo/

The other points of 'refusal' as you put it were actually UKBA giving you a second chance. If you fail to qualify under the 'standard' rules - they consider your application under article 8 and they refused it under that too because of there being (according to the application) no children and no insurmountable obstacles to relocating back to Pakistan.

[saqib389]

How come EMD is not acceptable as that is in their LIST at the moment:

Have a look here

http://www.ukba.homeoffice.gov.uk/visas ... uage-life/

Click on English language qualification at bottom.

Read this line:
be listed as an ESOL qualification on the Ofqual Register of Regulated Qualifications and have been taken in England, Wales or Northern Ireland.

The register includes a wide range of English language qualifications from awarding bodies recognised by OFQUAL. If you have a qualification at ESOL entry level 3, level 1 or level 2, taken in England, Wales or Northern Ireland, which is on the OFQUAL Register, you can use it to support an application for settlement


OFQUAL Website is this: http://register.ofqual.gov.uk/Qualification

Check on this page against orgainzation and EMD is listed there.

Am i missing anything ?

[SSWSZ]

Don't you think it's best to apply again.you can satisfy ho on both objections .
Take English test and attach it. Trinity college GESE exams is easiest exam 10 min speaking and listening .
Explain them that you wanna register child as British citizen as you got ILR ( if child is born in uk)



Appeals are taking almost an year.my friends flr(m) rejected in feb 2013 and her hearing is on 5 march 2014 still waiting and in that time her husband got ILR plus kids get their British passport and she is still without passport of home country .may ALlAH help you .

[saqib389]

Question still remains..

On what basis Home office has rejected the visa when they clearly mentioned EMD qualfication is acceptable ?

on the home office website here:
http://www.ukba.homeoffice.gov.uk/visas ... uage-life/

Please click on at the bottom:

English language qualification

You can read it says:
be listed as an ESOL qualification on the Ofqual Register of Regulated Qualifications and have been taken in England, Wales or Northern Ireland.

When i click on the link of OFQUAL then i come here:
http://register.ofqual.gov.uk/Qualification

In organisation section i can see EMD qualification is listed in there which means it is acceptable as a awarding body.

[aakkoo]

As Saqib389 has described it is clearly mentioned on the UKBA website

" [i]It is not necessary for the qualification to also be on the list of Recognised English tests and qualifications[/i] "

I think i should write to case worker for reconsideration. If unsuccessful then i will have no option but to reapply as SSWSZ mentioned it will take year to get the appeal hearing. Should i mention that we got a baby as well but did not included in the application because wanted to register her after my ILR. Or it will make the case more complicating ???

I wanted to confirm English language was the only reason my case was Refused. As they have mentioned so many points and i was getting confused.

Other thing they have withheld my wife Passport. Will they send it seperate or keep it till the outcome of appeal ??

[SSWSZ]

What I understand is they are objecting that you never disclose about your kid or in other word you lie to them that u don't have kids .and they think it's not right to think that kid on their on leave uk he,she must be in uk as the kid last grant was issued in uk .also about your marriage they are arguing if it's genuine or not.


I think you made a mistake.u should include your children in form flr(m) section 4.9 u have to write that u are not including children because u will register them as British .for your wedding and relationship you have to provide nikah Nama .plus 6 documents on both of your names to prove u are still living together.


This is what I understand . For English test I read somewhere on this form that emd is not acceptable I have no idea about that you can confirm by calling ho or simply retake exam to avoid any further problem.my suggestion is reapply and the final decision is yours.in mean while apply for kids registration straightway so you will attach acknowledgement with your wife application as proof and explain the situation that you have no idea that you have to atleast mention about kids . We did the same although I never apply for my kids with me I still mention is other information that I already apply for kid registration as British.hope this help

[MPH80]

You're reading the wrong section of the website.

Every link posted is applicable to 'settlement'. You didn't apply for settlement - you applied for FLR(M) - a further temporary leave. For which the rules are:

27. Evidence of passing an English language test in speaking and listening must take the form of either:

(a) a certificate and/or other document(s) for the relevant test as specified in Appendix O that:

(i) is from an English language test provider approved by the Secretary of State for these purposes as specified in Appendix O of these rules
(ii) is a test approved by the Secretary of State for these purposes as specified in Appendix O of these rules
(iii) shows the applicant's name;
(iv) shows the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference); and,
(v) shows the date of award.

Or,

(b) a print out of the online score from a PTE (Pearson) test which:

(i) is a test approved by the Secretary of State for these purposes as specified in Appendix O of these rules;
(ii) can be used to show that the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference); and,
(iii) is from an English language test provider approved by the Secretary of State for these purposes as specified in Appendix O of these rules

The link is here: http://www.ukba.homeoffice.gov.uk/visas ... -language/

So for FLR(M) the above rules apply.

When applying for SET(M) - the following rules apply: http://www.ukba.homeoffice.gov.uk/polic ... endixkoll/

These include the OFQUAL rule.

[aakkoo]

Thanks MPH80,

As per my understanding what you have mentioned my wife has to give another Approved English test but i can use EMD qualification for set (M). Is there any thing else i have to provide along with the ENGLISH certificate because they mentioned so many points which is difficult to understand. In my initial application i have provided all the required documents like marriage certificate, pictures, 12 cohabitation documents, life in UK.

Another thing is it possible to apply SET (M) instead of FLR (M) or its impossible now as my case has already been refused.

[aakkoo]

What I understand is they are objecting that you never disclose about your kid or in other word you lie to them that u don't have kids .and they think it's not right to think that kid on their on leave uk he,she must be in uk as the kid last grant was issued in uk .also about your marriage they are arguing if it's genuine or not.

My Kid has never applied for any visa before nor does the baby has passport plus i provided all the documents the have asked for like marriage certificate in English, photos, Cohabitation documents 6+6

I think you made a mistake.u should include your children in form flr(m) section 4.9 u have to write that u are not including children because u will register them as British .for your wedding and relationship you have to provide nikah Nama .plus 6 documents on both of your names to prove u are still living together.

I might have to mention that i have baby if i have to apply again. Want to confirm can i make a fresh application???

This is what I understand . For English test I read somewhere on this form that emd is not acceptable I have no idea about that you can confirm by calling ho or simply retake exam to avoid any further problem.my suggestion is reapply and the final decision is yours.in mean while apply for kids registration straightway so you will attach acknowledgement with your wife application as proof and explain the situation that you have no idea that you have to atleast mention about kids . We did the same although I never apply for my kids with me I still mention is other information that I already apply for kid registration as British.hope this help

can you please tell me how long the result takes for GESE plus will it be enough for SET (M) as well ???

[vinny]

Another thing is it possible to apply SET (M) instead of FLR (M) or its impossible now as my case has already been refused.

No. SET(M) requires FLR(M)/entry clearance status. A fresh FLR(M) application may be made subject to 284(iv), etc.

[aakkoo]

Thanks Vinny

Just want to ask if i send a letter to the Case worker for reconsideration under Partner Appendix FM - Ten Year Route informing them we have a baby which i did not mentioned in my initial application. Is there any chance of approval ( I can send New English Pass test but they will not accept new evidence). Even if they approve my wife visa, what category they approve under ??? will i be able to apply for settelment after her visa approval.

Another thing is it possible to apply SET (M) instead of FLR (M) or its impossible now as my case has already been refused.

No. SET(M) requires FLR(M)/entry clearance status. A fresh FLR(M) application may be made subject to 284(iv), etc.

[vinny]

I think she may re-apply for FLR(M) within 28 days, after Section 3C lapses.

[aakkoo]

Why they have kept the passport with them??

How will i apply with new application with out the passport???

[aakkoo]

I called HO to enquire about my wife application. They mentioned that if i re-apply FLR (M) for her that will be considered out of time application as her previous visa is already expired and FLR (M) refused. So what does this means if she re-apply she will refused on out of time basis??

Plus if she is granted will application made out of time effect her settlement visa in the future ??

I dont want to appeal as that will take v v long.

[vinny]

Within 28 days after Section 3C lapses, I think she may apply for FLR(M), under the transitional provisions (A280(c) and 284(a)) or current rules (E-LTRP).

However, prepare for the worst by satisfying the current rules.

If successful, then a subsequent SET(M) should be possible.

I don't know if she will be better off appealing or not.

[icehouse256]

I first came to the UK on a student visa in 2010 and i got married in 2012 to a British citizen, applied for FLR in November 2012 and got refused in June 2013 based on the financial threshold, my visa had expired while HO were still processing my application (March 2013). We then appealed, we attended the appeal hearing in September 2013 but to our surprise we were being asked questions that we never expected, such as what we ate 2 weeks ago ect...we got a few right but some were wrong. Then in November we got the determination ''appeal refused'' . As of today, my wife now earns more than the 18,600 threshold, and i don't want to return to apply from home, Please advice , what are my chances of reapplying now that we meet the financial threshold, but my visa had expired ?

[aakkoo]

As HO refused my wife FLR (M) they returned all the documents but kept her passport with them. They did not returned her passport. I want to reapply for FLR (M) for my wife on the same day service. Will it be possible without her passport or the only option is to apply by post for her ???

[aakkoo]

Need to confirm before booking an appointment. passport are held by the HO after visa refusal. Will that be ok to go for same day service without passport?? Will there be need for covering letter. Will HO accept the case with out passport. Getting worried as 28 days window is very near. Need advice ASAP. Thanks

[SSWSZ]

Better call oh .I have no idea and I can't even guess it's a serious matter .do confirm it with solicitor or ho

[april2014]

Appeals are taking almost an year.my friends flr(m) rejected in feb 2013 and her hearing is on 5 march 2014 still waiting and in that time her husband got ILR plus kids get their British passport and she is still without passport of home country .may ALlAH help you .

hi sswsz,

Could you please provide some details on why your friedns flr(m) got refused.

Thanks

[SSWSZ]

My friends visa is refused because of English test as that centre is not ho approved centre also they consider her main applicant instead of dependent .her husband passport is with ho at that time and they never attach covering letter to request ho about holding her app till they decide their husband.
Her hearing was this march 5 and ho representative asked question about how you got married ,how many rooms are there in your home country inlaws home etc etc ,nothing related to case and then asked that they will give result after 3 to 4 weeks .

Appeals are taking almost an year.my friends flr(m) rejected in feb 2013 and her hearing is on 5 march 2014 still waiting and in that time her husband got ILR plus kids get their British passport and she is still without passport of home country .may ALlAH help you .

hi sswsz,

Could you please provide some details on why your friedns flr(m) got refused.

Thanks

[necter03]

Hi aakkoo,

Would you please share the latest development on your case. Thanks