FLR FP APPEAL

[shabi]

Hi

I have been reading this forum for last couple of months
thought to get advise through this forum
anyone can help regarding my case

i came in the UK Feb 2011 on student visa which valid until march 2014
get the extension until jaunary 2016 but college licensed revoked august 2014
received curtailment letter from HO find the new sponsor january 2015
but during this time got married with British Partner
applied for FLR FP and got refusal with the right of appeal because on that time wife was waiting for her DBS Clarence and she was not working
now she got the work and she is earning £18600
I have sent the appeal and waiting for hearing date and she has spent 2 months (we need 6 months pay slip)
my question if we get the hearing date in next 4 months time will this help?

what's the chances of success?

would be great full for anyone help

[Zee ali]

Hi

I have been reading this forum for last couple of months
thought to get advise through this forum
anyone can help regarding my case

i came in the UK Feb 2011 on student visa which valid until march 2014
get the extension until jaunary 2016 but college licensed revoked august 2014
received curtailment letter from HO find the new sponsor january 2015
but during this time got married with British Partner
applied for FLR FP and got refusal with the right of appeal because on that time wife was waiting for her DBS Clarence and she was not working
now she got the work and she is earning £18600
I have sent the appeal and waiting for hearing date and she has spent 2 months (we need 6 months pay slip)
my question if we get the hearing date in next 4 months time will this help?

what's the chances of success?

would be great full for anyone help

I think chances of success is very slim as when u apply u dont full fill the requirements. Its better to apply again use flr m form when u have 6 months wage slips in hand.

First go to court and try your luck may be u get a good judge who understand your situation and may consider your private life. But again chances r slim. No kids involved as well.

[Obie]

I am not sure that the above is correct.

I believe that Subsection 4 of Section 85 of the NAtionality Immigration and Asylum act 2002 allows him to provide new evidence on the same matter.

I know Subsection 5 of that provision has been modified, but this has no effect on this case.

[shabi]

Thanx alot for reply Obie and Zee

just want to clear now

my Curtailment was due to expire on 17th Jan 2015 and i applied on 16th jan 2015
my wife had one part time job in Debenhams on that time and the same time she was waiting for NHS job because of DBS.
she Stated work in NHS February 1st 2015 he annual income from NHS is £17400 and she continued work with debenhams part time too meet the income £18600 after 3 months debenhemas told her to work extra which she couldn't because she was working NHS as well
then debenhams said to her to leave the job if you can't work over time. she had to leave
now she is continue working in NHS and also another part time work in different company she got 2 pay slips from new part time job nearly 5 pay slips from NHS she has got 4 payslips with debenhams (when she left). all with contract letters

on refusal HO said you have a genuine relationship with your british partner but she can integrated with you in your country. but she spent all her life here since birth she never been to my country in 32 years

my solicitor said she has to continue work two jobs in same company for at least 6 months then the chance for success will be and till appeal my solicitor didn't mentioned about my wife job because he said she has not complete 6 months in work continuously and we will show all proof on hearing day. ( is he right?)
Zee as you said i should apply for flr m new application but i don't have visa now and my passport is with the HO and if they refuse my flr M application then there might be no right of appeal ( is that correct)
my appeal fee was deducted from my account on 26 may 2015 now waiting for hearing date hoping to get date by October or November
plzzz help

[Iye]

Hi there, we were granted right to appeal, and faced a tribunal judge on 20th May 2015. He informed us our decision would sent to us in writing within 10 working days. It's nearly a month now, we keep calling up only to be told nothing has apparently come back from the judge himself. Is this normal? How or from who can we immediately find out what our position is? We're awfully worried. Many thanks

[Zee ali]

Thanx alot for reply Obie and Zee

just want to clear now

my Curtailment was due to expire on 17th Jan 2015 and i applied on 16th jan 2015
my wife had one part time job in Debenhams on that time and the same time she was waiting for NHS job because of DBS.
she Stated work in NHS February 1st 2015 he annual income from NHS is £17400 and she continued work with debenhams part time too meet the income £18600 after 3 months debenhemas told her to work extra which she couldn't because she was working NHS as well
then debenhams said to her to leave the job if you can't work over time. she had to leave
now she is continue working in NHS and also another part time work in different company she got 2 pay slips from new part time job nearly 5 pay slips from NHS she has got 4 payslips with debenhams (when she left). all with contract letters

on refusal HO said you have a genuine relationship with your british partner but she can integrated with you in your country. but she spent all her life here since birth she never been to my country in 32 years

my solicitor said she has to continue work two jobs in same company for at least 6 months then the chance for success will be and till appeal my solicitor didn't mentioned about my wife job because he said she has not complete 6 months in work continuously and we will show all proof on hearing day. ( is he right?)
Zee as you said i should apply for flr m new application but i don't have visa now and my passport is with the HO and if they refuse my flr M application then there might be no right of appeal ( is that correct)
my appeal fee was deducted from my account on 26 may 2015 now waiting for hearing date hoping to get date by October or November
plzzz help

U can withdraw the appeal anytime (once u r fully ready for flrm ) apply flr m within 28 days of withdrawal of appeal.

Yes u wont get appeal right 2nd time if refuse flr m that's why u must full fill all the requirements and complete the form correctly.

If u not in hurry than wait for your appeal hearing and see what happens in appeal.

[Obie]

Yes u wont get appeal right 2nd time if refuse flr m that's why u must full fill all the requirements and complete the form correctly.

That is wrong in law, and i believe I brought that to your attention.

Under the Changes to Section 82, a person will have a right of appeal under breach of their convention right, unless their appeal is certified under Section 94(3).

It will be odd if the appeal of the spouse of a settled person is certified on the basis that their human right claim is unfounded.

Therefore it is likely that if a FLR(M) application is refused, that there will be a right of appeal.

[Zee ali]

Hi there, we were granted right to appeal, and faced a tribunal judge on 20th May 2015. He informed us our decision would sent to us in writing within 10 working days. It's nearly a month now, we keep calling up only to be told nothing has apparently come back from the judge himself. Is this normal? How or from who can we immediately find out what our position is? We're awfully worried. Many thanks

Sometimes it can take up to 3 to 4 months

[Iye]

Many Thanks for your response. Could someone enlighten me the reasons why the Judge should take so long to make a decision than the 10 days promised. Am getting worried. The appeal went well because HOPO did not turn up to defend their decision. Kindly advise because I need to settle my nerves.

[shabi]

thanks a lot Zee Ali and Obie for your reply and advise

really helpful and giving hope for good IA.

as i'm thinking to wait for hearing because i'm not in rush. till now still waiting for hearing date letter from court.

want to ask one more thing. amount which is above £16000 in account for at least 6 months will also help for my case?

thanks again Zee and Obie

Kind Regards

[shabi]

Anyone Can Help me plzzz

just want it's been over a month since i have paid the court fees but still haven't received the Hearing date letter from court

can anyone tell when will i receive the letter for hearing?

also if i have saving above £16000 in my account for at least 6 months will this also help in my case on hearing day

Kind Regards

[priscaltony]

Hi Board family

Anyone knows how long a written determination takes from Upper Tribunal? It has been 4 weeks now since my appeal was held and allowed.

Appeal decision was verbally communicated at the hearing, when does Home Office right to appeal start counting? Is it from the hearing day or from the day a written determination is received?

Many thanks for your help in adance.

[shabi]

Good Evening Board Member

just need to ask some question if anyone can help.


My FLR FP (Partner) hearing date is due in January 2016 but now my wife is working for last 5 month and now we can meet the income criteria for FLR M. my Questions are

Can i Withdraw appeal when i will have 6 months payslip (which is next month)? and apply for FLR M? (i can apply in same day service)

if HO refuse my FLR M application will i get the appeal right?
or
should i go for appeal hearing ?

Kind Regards

[geriatrix]

Topic merged.


1. Yes, if you apply for FLR(M) within 28 days of withdrawing the appeal (E.LTRP 2.2 (b)).
2. No, unless grounds for human rights violation.
3. Your choice, depending on the merits of FLR(FP) application.

[shabi]

thanks sushdmeta

but just for one thing i'm confused. about FLR M appeal right. in case if it's refused for any reason.

i have seen 3 solicitors everyone has different opinion about FLR M appeal right.

one says you won't get appeal right appeal if finished for any case.

other one says you may be or may not get the appeal right it's up to HO.

and 3rd one says yes you will get appeal right because appeal right is finish for PBS visa categories only.

in your case you will get appeal right.

please clarify this last answer. thanks

[Obie]

Unless your case is certified as clearly unfounded, you will get a right of appeal.

The 3 advises range from a spectrum of confusion and inaccuracies to half correct and vague.

[shabi]

Thanks Obie

Probably will apply for FLR M using premium service next month IA.

[Sebi125]

Hello there does any one got any idea how long does it take to get the date from tribunal plz flr fp refused

[Sebi125]

Nobody replied me is this forum is still active.

[Sagarpen]

Hi shabhi

My case is similar as yours but in my flr(fp) application they gave me appeal right from india not within the
uk. There for I am fighting to get appeal right with in uk

Could you tell me what happen with your flr(m) application ? Did you get it ? Did you withdraw appeal and reapply flr(m) or you have to go back to apply ?

[CR001]

Hi shabhi

My case is similar as yours but in my flr(fp) application they gave me appeal right from india not within the
uk. There for I am fighting to get appeal right with in uk

Could you tell me what happen with your flr(m) application ? Did you get it ? Did you withdraw appeal and reapply flr(m) or you have to go back to apply ?

The member has not logged in for over a year. Suggest start your own topic and post your questions and circumstances rather than tagging onto a topic that is more than 2 years old.