Possibility applying FLR (M) while FLR (FP) appeal pending

[Tier 4]

Has anyone applied FLR (M) while FLR (FP) appeal is pending / in process?

I been waiting for my Mrs FLR (FP) appeal hearing date, its almost a year now since she applied, refused and appealed.

A little background of our case:

While applying on SET (LR) I wasn't able to meet the income threshold (that time) therefore I applied FLR (FP) in August 2014 for my Mrs.

I got ILR in December 2014 and my child got British Passport in February 2015

Now that I am able to meet Income threshold for spouse visa and have all other relevant documents as well, is it wise to withdraw FLR (FP) appeal and apply spouse visa or should I wait till the outcome of this FLR (FP) appeal? Consider Government tough stand on immigration especially the abolishment of ECHR.

Note: The last time I checked on phone with tribunal people my Mrs case is with listing department waiting for appeal hearing date.

[Zee ali]

Has anyone applied FLR (M) while FLR (FP) appeal is pending / in process?

I been waiting for my Mrs FLR (FP) appeal hearing date, its almost a year now since she applied, refused and appealed.

A little background of our case:

While applying on SET (LR) I wasn't able to meet the income threshold (that time) therefore I applied FLR (FP) in August 2014 for my Mrs.

I got ILR in December 2014 and my child got British Passport in February 2015

Now that I am able to meet Income threshold for spouse visa and have all other relevant documents as well, is it wise to withdraw FLR (FP) appeal and apply spouse visa or should I wait till the outcome of this FLR (FP) appeal? Consider Government tough stand on immigration especially the abolishment of ECHR.

Note: The last time I checked on phone with tribunal people my Mrs case is with listing department waiting for appeal hearing date.

U stand a good chance of success in appeal. Better to wait for appeal.

Don't use all cards. If flr m refuse (for any reason) than no appeal right.

[Tier 4]

U stand a good chance of success in appeal. Better to wait for appeal.

Don't use all cards. If flr m refuse (for any reason) than no appeal right.

Thanks

That's exactly what I am doing. But they taking forever
What's your experience says how long they take to give hearing date while case in listing dep?

[Zee ali]

U stand a good chance of success in appeal. Better to wait for appeal.

Don't use all cards. If flr m refuse (for any reason) than no appeal right.

Thanks

That's exactly what I am doing. But they taking forever
What's your experience says how long they take to give hearing date while case in listing dep?

3 to 4 weeks

[Tier 4]

U stand a good chance of success in appeal. Better to wait for appeal.

Don't use all cards. If flr m refuse (for any reason) than no appeal right.

Thanks

That's exactly what I am doing. But they taking forever
What's your experience says how long they take to give hearing date while case in listing dep?

3 to 4 weeks

Mine was handed to listing dep on 28 April, Its getting close to a month now.

[Tier 4]

My Mrs got a hearing date 6 Oct

Tribunal required bundle of documents from both sides (Respondent & Appellant)

Respondent = UKBA
Appellant = Me

They gave respondent 25 June to send copies of all documents
They didn't give any specific deadline to me.

Should it be wise to send proof of meeting income threshold as well along with mine other bundle of documents for appeal. Just in case they might now issue my Mrs spouse visa or is it too late and there is no point meeting the income threshold now at all.
(When I applied FLR (FP) I was't able to meet the income threshold for FLR (M), now if I add up my Mrs income with mine we can meet the income threshold of £ 18600)

Thanks

[shabi]

Good Evening tier 4

just need to know about your case because i'm in same situation as your wife.

will you apply for flr m or wait for hearing?

also have you send all the documents to court and HO to meet the criteria for flr m?

my solicitor says wait until the hearing date. hearing date is 4th january.

i applied for flr fp because on that time my wife wasn't working but now she is working and we can meet the income criteria

what will be your suggestion to me? shall i send documents myself or do whatever my solicitor says?

waiting for your reply

Kind Regards

[Rocks97]

Hi all members on this topic i would like to share my experience on this forum
I applied FLR FP in december 2014 as my student was due to expire so my solicitor advised not to apply FLR M
As my wife had only 2 months pay slips in december
So i applied through solicitor FLR FP but my visa refused in march 2015 solicitor said better to go for appeal it is safe for me
But i took risk & i applied FLR M within 28 days time as my wife had 6 months pay slips in april so i applied my own on 7th april 2015
My spouse visa grented on 1 june 2015
Good luck for all thanks

[shabi]

Thanks for your advise Rocks97

i will have 6 pay slips in october 2015. and my hearing date is on january 2016.

shall i withdraw my appeal and apply for flr M?

because my english language certificate will expire in November 2015 and my passport is retained by HO. i can't reappear for test until i have original passport with me.

i'm afraid if my flr m application refused for any reason i won't get appeal right

is that correct?

i can apply for flr m using premium service.

Rocks97 shall i take the risk or wait for hearing? need your sincere advise

Kind Regards

[Obie]

Hi all members on this topic i would like to share my experience on this forum
I applied FLR FP in december 2014 as my student was due to expire so my solicitor advised not to apply FLR M
As my wife had only 2 months pay slips in december
So i applied through solicitor FLR FP but my visa refused in march 2015 solicitor said better to go for appeal it is safe for me
But i took risk & i applied FLR M within 28 days time as my wife had 6 months pay slips in april so i applied my own on 7th april 2015
My spouse visa grented on 1 june 2015
Good luck for all thanks

Wonder how in Law, the Secretary of State could deal with an application, if a Section 3C is engaged.

They have no power under the 1971 Act to do that.

[Rocks97]

Actualy i didn't submitted my appeal so after 10 days of refusal my C3 leave was ended but you can submit fresh application in next 28 days HO will not refuse application on base of overstaying if you submitted fresh application within 28 days of refusal

[shabi]

Thanks for your reply Rock

i think I need to meet with some solicitors and ask them

see what they say

bit confused don't know what to do

[Obie]

I think your plan is viable and likely to succeed .

Try and get it right as the cost is a lot financially, but you will get a right of appeal again if it fails.

In the particular circumstances of your case, it may well be the sensible option.

[shabi]

Thanks Obie for replying

i have been told that if my FLR M application refuse for any reason i won't get appeal right

but you are saying i will get appeal right.

confused about this could you please explain it to me

Kind Regards

[Obie]

Thanks Obie for replying

i have been told that if my FLR M application refuse for any reason i won't get appeal right

but you are saying i will get appeal right.

confused about this could you please explain it to me

Kind Regards

If the claim is not certified, which is likely to be the case, then you will have have a right of appeal


I beg to differ with those who have advised otherwise.

[shabi]

Thanks alot Obie

really helpful advise.

just need to ask one more question if you can answer please.

i was reading in HO website about to meet the income criteria i read if you have more then £16000 in your or your partner account for

at least months can also added with the income to meet the income threshold of £18600.

what would be your answer about this?


Kind Regards

[Tier 4]

Just a bit update about my Mrs case:

Our Appeal dismissed under immigrations rules
But
Allowed under Human Rights Artical 8

Home office has 14 days to ask permission from FTT to appeal in Upper Tribunal

And these 14 days started yesterday

Anyone has any idea / experience will they appeal if not how soon we will get our BRP?

Just a litter re-cap of my case

I have ILR since december 2014
My child is British
But Mrs FLR FP refused in December 2014 - while my Set(lr) was approved
We appeal on 6 Jan 2015 and our hearing was on 6 Oct 2015