Letter from first trubunal

[Keith12]

Hi Guru's
Today i have received my wife BRP they gave her 2.5 years visa.. i did FLR M Application but i dont even know on which route they might have put her (5 year or 10 year) Actually we varied application from tier 1 dependant to Flr m. As the application already pending.she could'nt write her english exam without passport. I even ask them to send her the passport .

Secondly , my wife is in UK from 2016. How long does she need to wait to apply ILR.( What i mean 2026 or 2030)

[CR001]

If she didn't submit proof of meeting the English requirement, then she is on the FLR fp 10 year partner route

2026 if she has 10 years of lawful residence and meets the absence requirements.

[Keith12]

Thanks for quick response.
Theirs any thing i can do about it.
Actually that not our fault. They have not send us the passport to write english exam and 10 year is very long wait.
Is theirs anyway i can write to them so that they can change it to 5 years.

[Keith12]

Hi.
Thanks for quick response.
Theirs any thing i can do about it.
Actually that not our fault. They have not send us the passport to write english exam and 10 year is very long wait.
Is theirs anyway i can write to them so that they can change it to 5 years.

[geoeng]

Is theirs anyway i can write to them so that they can change it to 5 years.

Not if the decision made on the application was correct based on the supporting evidence provided. You can submit a new application for FLR(M) on the 5 year route any time between now and when you would have to apply for an extension anyway, if you meet the requirements. However, qualifying under a new category resets the amount of time resident in the UK with a visa in that category that can be used towards meeting the ILR residence criteria.

Actually that not our fault. They have not send us the passport to write english exam

That's something you should have been aware of before sending them the passport.

[Keith12]

Hi... we varied the application from tier 1 Ent to flr m and we even wrote(2-3 times) letters to Home office for return of our passport to write A1 exam .

Last month they issued BRP and after a week they emailed us to Return of BRP as it was Administration Error . A week after we sent the BRP we got certified copy of passport and a letter from the Home office but unfortunately the test centre dint allow to sit for Exam. We even called Home office nobody was giving me proper solution . A day before the test i received visa rejection letter and it was dated two day after the certified copy was sent.they gave us right of Appeal.. ..which im gonna do as soon as possible.

Q1. Theirs is any otherway to sort this issue (like writting letters and emails to Home office)without going through appeal.i have already spend alot of money. Now im in crises.

Q2. Can they take back the decision actually it was not my fault.

Q3. am i allowed to work if my application is under appeal.

[seagul]

Hi... we varied the application from tier 1 Ent to flr m and we even wrote(2-3 times) letters to Home office for return of our passport to write A1 exam .

Last month they issued BRP and after a week they emailed us to Return of BRP as it was Administration Error . A week after we sent the BRP we got certified copy of passport and a letter from the Home office but unfortunately the test centre dint allow to sit for Exam. We even called Home office nobody was giving me proper solution . A day before the test i received visa rejection letter and it was dated two day after the certified copy was sent.they gave us right of Appeal.. ..which im gonna do as soon as possible.

Q1. Theirs is any otherway to sort this issue (like writting letters and emails to Home office)without going through appeal.i have already spend alot of money. Now im in crises.

Q2. Can they take back the decision actually it was not my fault.

Q3. am i allowed to work if my application is under appeal.

Q1 & 2). There are few fresh success experiences where the case was rejected due to not providing an acceptable english language test but they still appealed the decision while also have passed the test later and included it in that appeal.

Q3) If you will submit the appeal in timely then might be benefited by section 3c which prevent from becoming an overstayer and maintain the same entitlements as someone had previously. If previously you were not allowed to work then you wont be able to work legally until getting the positive decision.

[Keith12]

Hi
I Appealed against Home office decision of visa Refusal . I have submitted Appeal through fax and nearly 6 day i dont see any debit in account (like court fee ) i just realise that while filling out appeal form it did not ask me security code ,back of my debit card.
Theirs anything to worry if something goes wrong.
Am i allowed to work now it i get outcome of my appeal.

[seagul]

Am i allowed to work now it i get outcome of my appeal.

If previously you were not allowed to work then you wont be able to work legally until getting the positive decision.

[Keith12]

Hi Guru's. Im really sorry if could'nt explain it properly.

I just want to know whether my FLR M application is in-time application or not because my ILR submission date is different from FLR M (Dependant) Submission date ( to be protected under section 3c) as my Flr m visa has been refused , and i did appeal againt Home office decision.

Overview immigtation history.
Varied (main applicant )from Tier 1 Ent to ILR (10 year route). submitted ILR application online on 1-11-2019 and Booked super priority appointment after a week (i.e 8/11/2019) and Granted ILR.

Dependant
(8/11/2019) Varied the application from Tier 1 Ent dependant visa to FLR M (submitted Flr m application for my dependant)

Can he work while appeal is pending.

[Keith12]

Am i allowed to work now it i get outcome of my appeal.

If previously you were not allowed to work then you wont be able to work legally until getting the positive decision.

Hi Guru's. Im really sorry if could'nt explain it properly.

I just want to know whether my FLR M application is in-time application or not because my ILR submission date is different from FLR M (Dependant) Submission date ( to be protected under section 3c) as my Flr m visa has been refused , and i did appeal againt Home office decision.

Overview immigtation history.
Varied (main applicant )from Tier 1 Ent to ILR (10 year route). submitted ILR application online on 1-11-2019 and Booked super priority appointment after a week (i.e 8/11/2019) and Granted ILR.

Dependant
(8/11/2019) Varied the application from Tier 1 Ent dependant visa to FLR M (submitted Flr m application for my dependant)

Can he work while appeal is pending.

[AmazonianX]

Am i allowed to work now it i get outcome of my appeal.

If previously you were not allowed to work then you wont be able to work legally until getting the positive decision.

Hi Guru's. Im really sorry if could'nt explain it properly.

I just want to know whether my FLR M application is in-time application or not because my ILR submission date is different from FLR M (Dependant) Submission date ( to be protected under section 3c) as my Flr m visa has been refused , and i did appeal againt Home office decision.

Overview immigtation history.
Varied (main applicant )from Tier 1 Ent to ILR (10 year route). submitted ILR application online on 1-11-2019 and Booked super priority appointment after a week (i.e 8/11/2019) and Granted ILR.

Dependant
(8/11/2019) Varied the application from Tier 1 Ent dependant visa to FLR M (submitted Flr m application for my dependant)

Can he work while appeal is pending.

Was he having a right to work before the application that has resulted in the present ongoing appeal?

[geoeng]

Overview immigtation history.
Varied (main applicant )from Tier 1 Ent to ILR (10 year route). submitted ILR application online on 1-11-2019 and Booked super priority appointment after a week (i.e 8/11/2019) and Granted ILR.

Dependant
(8/11/2019) Varied the application from Tier 1 Ent dependant visa to FLR M (submitted Flr m application for my dependant)

Can he work while appeal is pending.

"An in-time application is an application made by a person in the UK who at the time of application has leave to enter or remain.

Where an in time application to extend or vary leave is made and the application is not decided before the person’s existing leave expires, section 3C extends the person’s existing leave until the application is decided (or withdrawn)."
https://assets.publishing.service.gov.u ... 9.0ext.pdf

Whatever rights the applicant had based on their existing visa at the time of applying for further leave to remain would be extended until a decision is made or while an appeal is pending. Out of curiosity as it's not really clear from your timeline, did you submit the FLR(M) application before or after the sponsor was granted ILR?

[Keith12]

Overview immigtation history.
Varied (main applicant )from Tier 1 Ent to ILR (10 year route). submitted ILR application online on 1-11-2019 and Booked super priority appointment after a week (i.e 8/11/2019) and Granted ILR.

Dependant
(8/11/2019) Varied the application from Tier 1 Ent dependant visa to FLR M (submitted Flr m application for my dependant)

Can he work while appeal is pending.

"An in-time application is an application made by a person in the UK who at the time of application has leave to enter or remain.

Where an in time application to extend or vary leave is made and the application is not decided before the person’s existing leave expires, section 3C extends the person’s existing leave until the application is decided (or withdrawn)."
https://assets.publishing.service.gov.u ... 9.0ext.pdf

Whatever rights the applicant had based on their existing visa at the time of applying for further leave to remain would be extended until a decision is made or while an appeal is pending. Out of curiosity as it's not really clear from your timeline, did you submit the FLR(M) application before or after the sponsor was granted ILR?

I did submit Flr m application on the same day when i have done my biometric under super priority service( i.e 8/11/2019)

[Keith12]

Am i allowed to work now it i get outcome of my appeal.

If previously you were not allowed to work then you wont be able to work legally until getting the positive decision.

Hi Guru's. Im really sorry if could'nt explain it properly.

I just want to know whether my FLR M application is in-time application or not because my ILR submission date is different from FLR M (Dependant) Submission date ( to be protected under section 3c) as my Flr m visa has been refused , and i did appeal againt Home office decision.

Overview immigtation history.
Varied (main applicant )from Tier 1 Ent to ILR (10 year route). submitted ILR application online on 1-11-2019 and Booked super priority appointment after a week (i.e 8/11/2019) and Granted ILR.

Dependant
(8/11/2019) Varied the application from Tier 1 Ent dependant visa to FLR M (submitted Flr m application for my dependant)

Can he work while appeal is pending.

Was he having a right to work before the application that has resulted in the present ongoing appeal?

As per my understanding ..
Tier 1 Entrepreneur dependant visa has no restrictions to work.

Only onething bothering me..
I varied application (on 1/11/2019) to ilr under long resident,and i booked my boimetric appointment on 8/11/2019, on the same day i submitted flr m online application for my dependant.

Next day i received email saying that ILR is granted.

[geoeng]

I did submit Flr m application on the same day when i have done my biometric under super priority service( i.e 8/11/2019)

Right, so at the time of application for FLR(M), the applicant's partner was not yet "settled" in the UK (i.e. did not yet have ILR). Any chance this was one of the reasons the application was refused?

[Keith12]

I did submit Flr m application on the same day when i have done my biometric under super priority service( i.e 8/11/2019)

Right, so at the time of application for FLR(M), the applicant's partner was not yet "settled" in the UK (i.e. did not yet have ILR). Any chance this was one of the reasons the application was refused?

No.... they have refused for not fulfilling the requirement A1 english exam but thats not my fault. Passport is with the home office. And without pp you cant seat for A1 exam.

FLR M application submitted online .is it In- time application or not.

[geoeng]

FLR M application submitted online .is it In- time application or not.

From the guidance document I previously posted (see page 9):
"section 3C(5) does allow the person to amend their existing application at any time before it is decided by the Secretary of State. The application to amend the existing application has to be a valid application. Where there is a difference in the fee between the initial variation application and the amended application any additional fee must be paid."

So, provided the initial Tier 1 dependent application was made before the previous leave expired, the FLR(M) application was valid and made before a decision on the previous application was made, the correct fee was paid, and the appeal was made in time, Section 3C would likely provide extended leave.

[Keith12]

FLR M application submitted online .is it In- time application or not.

From the guidance document I previously posted (see page 9):
"section 3C(5) does allow the person to amend their existing application at any time before it is decided by the Secretary of State. The application to amend the existing application has to be a valid application. Where there is a difference in the fee between the initial variation application and the amended application any additional fee must be paid."

So, provided the initial Tier 1 dependent application was made before the previous leave expired, the FLR(M) application was valid and made before a decision on the previous application was made, the correct fee was paid, and the appeal was made in time, Section 3C would likely provide extended leave.

Thanks... that mean they wont be any issues or concerns till i get to know the decision of appeal.
So i can work without any restrictions and not an overstayer.
Can i even check on Employee Employment status.

[seagul]

Even the section 3C kicked in but still the new employer will only want to see the actual visa on BRP card before thinking to employ. However, old employer depending the availability of work and importance of role might acknowledge it for the time being.

[Keith12]

Hi.. Sorry for the trouble.
Here my immigration history..
In june 2018, i have applied for Tier 1 Entrepreneur extension along my dependants , decision was pending.

Working right condition.
I was told that Tier 1 entrepreneur dependant are allowed to work without any restriction in uk.. so he started a new job.

1st Nov 2019, i completed 10 years so varied my Tier 1 entrepreneur to ILR ( long resident route) submitted online application 1/11/2019.

8th Nov 2019 , i have done my biometric under super priority service, next day ILR was granted.
8th nov 2019 i have varied my dependants visa from Tier 1 entrepreneur dependant to FLR M,

Unfortunately Flr m visa was refused due to non submission of English test, Actually thats not my fault.. becoz passport were with the Home office. Passport is mandatory if you want to seat for the A1 exam.

Home office gave right of Appeal,
I made in-time court of appeal against Home office decision,

Now my question is..
1) im i allowed to work in uk (unnecessary i dnt to get trap in some other issue like not following Uk immigration Rules)
2) what all options i have if my appeal is refused,
3) will i have an option to make a new application under FLR (fp)
4) i have child born in uk.

[seagul]

Hi.. Sorry for the trouble.
Here my immigration history..
In june 2018, i have applied for Tier 1 Entrepreneur extension along my dependants , decision was pending.

Working right condition.
I was told that Tier 1 entrepreneur dependant are allowed to work without any restriction in uk.. so he started a new job.

1st Nov 2019, i completed 10 years so varied my Tier 1 entrepreneur to ILR ( long resident route) submitted online application 1/11/2019.

8th Nov 2019 , i have done my biometric under super priority service, next day ILR was granted.
8th nov 2019 i have varied my dependants visa from Tier 1 entrepreneur dependant to FLR M,

Unfortunately Flr m visa was refused due to non submission of English test, Actually thats not my fault.. becoz passport were with the Home office. Passport is mandatory if you want to seat for the A1 exam.

Home office gave right of Appeal,
I made in-time court of appeal against Home office decision,

Now my question is..
1) im i allowed to work in uk (unnecessary i dnt to get trap in some other issue like not following Uk immigration Rules)
2) what all options i have if my appeal is refused,
3) will i have an option to make a new application under FLR (fp)
4) i have child born in uk.

1. Yes
2. Leave the country unless govt temporarily relax the immigration rules
3. Might apply but it will be more costly and stressful and time consuming with no guarantee of success
4. https://www.gov.uk/british-citizenship

[Keith12]

Hi

I recieved a letter saying that my appeal is been accepted First tribunal court. They have even asked us to email the contact details.. which we did.
My question is .. what would be next step i need to follow. As you know with this covid 19 .all hearing procedure are changed
1. Will i get any form of information what to do next from tribunal.
2. When do i need to prepare Appeal skeleton Argument . Is it before the hearing date or after .

[AmazonianX]

Hi

I recieved a letter saying that my appeal is been accepted First tribunal court. They have even asked us to email the contact details.. which we did.
My question is .. what would be next step i need to follow. As you know with this covid 19 .all hearing procedure are changed
1. Will i get any form of information what to do next from tribunal.
2. When do i need to prepare Appeal skeleton Argument . Is it before the hearing date or after .

Can you be exact with the wording or more details from the letter.
Appeal accepted or appeal allowed or appeal granted?

[Keith12]

Tribunal has received the notice of appeal and accepts