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Was the extension applied before visa expiry?Haze77 wrote: ↑Fri Nov 08, 2019 11:33 amHi,
We applied for an extension for a spouse visa after the initial 2 and a half years under the family visa application.
Got a letter back that your application and human rights claim has been refused, and it lists refusal based on human rights claim.
Is this just a matter of that the home office has made a mistake and should have considered our application on the basis of a family visa and not under a human rights claim?
We have submitted an appeal and need to send in supporting documents for the appeal.
Thanks for your help in advance.
Had you applied on flrm/flrfp application form? Also reply for above questions?seagul wrote: ↑Fri Nov 08, 2019 2:24 pm
Was the extension applied before visa expiry?
Were you or your partner earning sufficiently or had cash savings?
Was the A2/B1/naric comparability statement under red route was attached?
Are there any insurmountable obstacles for applicant or its partner if has to return back home/other country?
Red route is a naric assessment over foreign degrees. If you had attached A2 test then the refusal is definitely incorrect.
What evidence exactly was submitted to meet the financial requirements?Haze77 wrote: ↑Fri Nov 08, 2019 6:17 pmYes. English certificate was provided.
What to do then please?
Have appealed.
Shall we just write on the grounds of appeal that wrong visa type was considered and should have been considered as a spouse visa extension?
and hope that the decision will be overturned before appeal?
Is there anything elkse that needs to be done?
Shall we employ a soilictor at this stage?
Many Thanks
I believe this is more or less how all government bodies work. They are saying that the burden is on applicant to prove that he or she qualifies, so if the applicant states she doesn't, they don't check it themselves.TanJL wrote: ↑Fri Nov 15, 2019 2:16 pmInteresting.
Seems that even though you say you make over £18600K - because you mistakenly (?) selected that you could not prove it & therefore didn't input the details into the form (presumably?); they haven't bothered to check any of the financial documents that you sent as evidence & have just taken you at your word that you don't meet it and therefore just assessed your application as a human rights claim on the 10 year route.
Interesting insight into their processes if nothing else.
If this is truly the case, it is quite sad that a simple mistake could have this effect
Perhaps op's post is not getting be read in entirety. OP had applied on correct form but because of mistakenly selecting the incorrect answer of meeting the financial requirement despite being able to meet that. Therefore, he was transferred into 10 years of route where was refused on basis of not having insurmountable obstacles in returning back home with his family. In my opinion appealing & complaining is the best remedy because caseworker should have reviewed all the attached documents and other answers on the applications especially the ones relating to financial requirement.Haze77 wrote: ↑Thu Nov 14, 2019 11:50 pmGot a reply as below from the compalints section. Stupid mistake on our part, selected no instead of yes.
Can a new application be made or do we have to go through the appeal process?
Many Thanks
=====================================================================================
Thank you for your email correspondence of where you have raised a complaint about the handling of your application for an extension of your spouse visa.
We have reviewed your case and note that you were granted entry to the UK as a spouse. However, on your latest application you have stated that you are unable to meet the financial requirements of the spouse visa route. Where the form states: ‘The Financial Requirement threshold which has been calculated £18,600.00. Will you be able to prove that the financial requirement is met?’ You have said: ‘No’.
As you indicated that you were unable to meet the financial requirement, you were therefore considered under the 10-year route which is standard to ensure a full consideration is given to applications of this type.
Your application under the 10-year route was refused because you could not provide evidence that there are insurmountable obstacles to continuing your family life together with your partner outside the UK. The guidance regarding insurmountable obstacles states that when assessing an application under paragraph EX.1.(b) and determining whether there are insurmountable obstacles, the decision maker should have regard to the individual circumstances of the applicant and their partner, based on all the information that has been provided. The onus is on the applicant to show that there are insurmountable obstacles, not on the decision maker to show that there are not. The assessment of whether there are insurmountable obstacles is a different and more stringent assessment than whether it would be reasonable to expect an applicant’s partner to join them overseas. A significant degree of hardship or inconvenience does not amount to an insurmountable obstacle.
The decision letter that you received includes details of the next steps that are available to you and the timescales that must be adhered to. It is also open to you to seek independent advice from a qualified UK immigration adviser about the UK’s Immigration Rules and requirements, and how they relate to your particular circumstances. In the UK, the Office of the Immigration Services Commissioner (OISC) regulates immigration advisers. The OISC website www.gov.uk/find-an-immigration-adviser provides a list of immigration advisers. You can also get advice from legally qualified professionals that are regulated by designated professional bodies.
I am unable to uphold your complaint.
I appreciate that this may not be the response that you had hoped for, however I hope that it has clarified the position and addressed your enquiry.
I believe I have addressed all the points you have raised. However, if you feel that there are specific aspects that have not been addressed you can request a review of our response within one month of the date on this letter by writing to us at:
Have you addressed the issues on the basis of which the application was refused.Haze77 wrote: ↑Thu Dec 19, 2019 9:46 pmAppeal date has been set for the beginning of January.
Do we need a solicitor or do we represent ourselves and say that it was a genuine mistake, and show all the evidence that the requirements for the 5 year spouse visa route were met?
What options does it leave please if the appeal is rejected? Would they seek to deport or are there any further legal options available please?
Many Thanks
Obie wrote: ↑Fri Dec 20, 2019 10:32 amHave you addressed the issues on the basis of which the application was refused.Haze77 wrote: ↑Thu Dec 19, 2019 9:46 pmAppeal date has been set for the beginning of January.
Do we need a solicitor or do we represent ourselves and say that it was a genuine mistake, and show all the evidence that the requirements for the 5 year spouse visa route were met?
What options does it leave please if the appeal is rejected? Would they seek to deport or are there any further legal options available please?
Many Thanks