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FLR(M) Refusal - Urgent help

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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vizhy2016
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FLR(M) Refusal - Urgent help

Post by vizhy2016 » Wed Apr 13, 2016 5:24 pm

Hi

My Wife's ILR-Dependent application which we filed on 1st March 2016 has been refused on 7th April 2016. We got the refusal letter on 9th April 2016. Refusal reason is lack of evidence of english requirements.

we are given 14 days to appeal which ends next week on 21st April. I am confused between appealing or applying fresh. I have got grounds for appeal as we supplied original degree, letter from University stating course was in english and also a print out of the point based calculator. I think I got enough grounds for appeal but considering filing a fresh application as well.

We have got the UKNARIC letters now confirming the degree is equivalent to UK bachelors and also is equivalent to CEFR level C1.

Can someone tell me if we can file a fresh application within these 14 days of appeal? Can you point me to the page on UKVI or Home office website or gov.uk where this is mentioned. I have called office and they said I can apply but I dont know if that call is enough to support a fresh application. Or do we first appeal then wait for appeal decision and then if appeal is refused then make a fresh application.

Really confused and need help.

Thanks

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CR001
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Re: Refusal - Urgent help

Post by CR001 » Wed Apr 13, 2016 5:31 pm

Has the visa expired already?

You need to decide what you will do, you cannot appeal and re-apply at the same time. It can only be one.
Char (CR001 not Casa)
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vizhy2016
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Posts: 17
Joined: Mon Jan 18, 2016 7:26 pm

Re: Refusal - Urgent help

Post by vizhy2016 » Wed Apr 13, 2016 5:40 pm

Yes, visa has expired on 7th March 2016.

I am not intending to do both but just want to make sure that i can re apply within these 14 days.

I dont want to be in a situation where I dont appeal in 14 days and instead make a fresh application in 14 days and then been told by home office that I couldnt re-apply and new application is invalid.

So i was looking for some proof on home office website which says that I can make a fresh application without going for the appeal.

Can I make a fresh application without appealing in these 14 days?

Thanks a lot.

vizhy2016
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Posts: 17
Joined: Mon Jan 18, 2016 7:26 pm

Re: Refusal - Urgent help

Post by vizhy2016 » Wed Apr 13, 2016 7:12 pm

vizhy2016 wrote:Yes, visa has expired on 7th March 2016.

I am not intending to do both but just want to make sure that i can re apply within these 14 days.

I dont want to be in a situation where I dont appeal in 14 days and instead make a fresh application in 14 days and then been told by home office that I couldnt re-apply and new application is invalid.

So i was looking for some proof on home office website which says that I can make a fresh application without going for the appeal.

Can I make a fresh application without appealing in these 14 days?

Thanks a lot.
On Refusal letter it says, you got 14 days to appeal.

Can I make a fresh application without appealing, in the 14 days?

very confused as can't find evidence that I can file fresh application after refusal if an option to appeal has been given.

I have talked to two solicitors and they say I can file a new application but I am not sure what I can trust what not. Has any one got experience with re apply or got any link to UK home office where this information is available.

vizhy2016
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Posts: 17
Joined: Mon Jan 18, 2016 7:26 pm

Re: Refusal - Urgent help

Post by vizhy2016 » Tue Apr 19, 2016 3:55 pm

Well, I made an appeal. Let's see what happens.

Do we need to notify the Home office that we have filed the appeal? Do we need to notify anyone apart from our application which we sent to the tribunal?

I believe the Tribunal needs the original documents and not just the copies of the documents?

Thanks.

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