Visa refused and passport not returned

[daisy6094]

Hello

I am in the uk and my visa application has been refused. Rather than appealing, I am planning to make a fresh application under different category by using the premium service but they did not return my passport.

Firstly, can I make a fresh application now?

Secondly, how do I get my passport to make a new application?

Thanks
Daisy

[Casa]

If anyone is going to be able to advise you, you'll have to give more information.
To start with:
1. What application was refused
2. What was the reason for the refusal
3. When was the refusal?
4. What application are you now thinking of submitting?

[daisy6094]

Thanks for the prompt reply

Please see my details below as requested:

1. What application was refused
SET (M)

2. What was the reason for the refusal
I have not been with my partner for more than 5 years to apply for SET M. I was so silly to think that I was on the 2 year route!!!

3. When was the refusal?
25 August

4. What application are you now thinking of submitting?
I was on FLR (M) visa and would like to extend this

I was thinking of going to the premium service immediately but they took my passport
What should I do? Any suggestions would be much appreciated!

[Casa]

Did you apply by post? The HO would normally issue you with FLR(M) if you were applying for SET(M) too early. What exactly did the refusal say?

[daisy6094]

Yes I applied by post.

The refusal statement is below:

"You were granted leave to remain as a spouse on 10 December 2013, you have therefore completed 33 months as a spouse in this capacity. As you have not completed a continuous period of at least 60 months with limited leave as a spouse under paragraph D-LTRP 1.1....

As you do not meet the above eligibility requirements your application for indefinite leave to remain is refused under paragraph D-ILRP.1.3 with reference to R-ILRP1.1 (e) - E-ILRP1.3 of the immigration rules....

What should I do? It says I have to either appeal or leave the UK

Is it possible to appeal but request to extend my stay?

[Casa]

I'm not sure of the best way forward.
My first thought would be to either submit a request for an Administration Review asking for FLR(M) to be considered
or
Submit an FLR(M) postal application explaining that the HO have retained your passport.

An application in person at a PSC won't be considered in the circumstances.

Stand by for other opinions and I'll keep an eye on the thread for you.

[daisy6094]

Thanks a lot!

How do I submit an Administration Review? It sounds like the best approach so far!

[Casa]

Thanks a lot!

How do I submit an Administration Review? It sounds like the best approach so far!

There are others better placed to advise on the procedure. Wait for response. My reservation with this is that an AR is for when there has been an error in the decision. In this case, the decision is correct but seems unfair as FLR(M) could (and perhaps should) have been issued as a concession.

[daisy6094]

Thanks. I'll put on hold on the AR first then.

Should I start seeking for a lawyer?

[Casa]

It may be wise to seek advice from an OISC Registered Advisor (level 2 at least), or a solicitor registered with the Law Society, specialising in UK Immigration law.
But hold fast for the moment, and let's see what we can come up with here.

[Obie]

Well some caseworker exercise discretion and issue Further Leave is a person meet the requirement for FLR(FM).

I have seen cases, where further documentation is requested.

Appendix FM require that the decision maker look at whether the applicant qualifies under other provision.

OP can use PEO, even if without passport.

They will recall her passport, and make a decision, so long as it is with them.

She can apply after her Section 3C rights has expired, or the time limit for appealing has elapsed, provided the financial and english language requirements in the rules are met.

[Casa]

Thanks Obie.