FLRM nightmare! Please help!

[ukresi13]

I’ve been reading the posts and seeing that there are various waiting times for each application. My husband I are confused and frustrated with our case. Could someone please offer some advice.

We applied under an FLRM form 16 weeks ago and had my biometrics appointment 14weeks ago. We started with the COA process a year ago and because of issues due to the home office they did not grant us permission to wed until after my student visa had expired. After finally being granted the COA we were advised from a free immigration solicitor to go a head marry here and apply for our FLRM. So now it’s over a year since we’ve been through this system. Our financial situation is getting worse since I can not work, not to mention being unable to attend my family members funeral abroad.

It’s been almost a year with no end in sight. Our solicitor is not being too helpful anymore and we are uncertain as to what we can or should do? Should we seek out another solicitor, would that make a difference? Has anyone been through something similar or waited as long for a response? Please Help.

[Casa]

If you had no valid visa at the time of application for FLR(M) (your student visa had expired), it would be extremely unlikely that you would be granted a spouse visa from within the UK. You had no visa from which to switch categories.
Your quickest route would be to return to your home country and apply for a spouse settlement visa from there. Form VAF4a..fee is currently £585.
You'll need to satisfy the normal requirments of finance, accomodation and proof of relationship...and you must both be over the age of 21.
However, I would advise that you consult an OISC registered Immigration Advisor for professional advice.

[ukresi13]

The UKBA has had our documents and information for over 3 months now. Obviously they are considering it since I overstayed my visa because of them. That is a ridiculous notion that I must return to my home country and be away from my husband for an infinite amount of time because of the home office’s insufficient and intrusive way of approaching marriage and immigration. It is there fault that I applied after my visa expired and it would a violation of human rights if they separate me from my partner.

After waiting this long under all the stress and pressure the UKBA has caused my husband I, I don’t feel it would be wise to pull out and return home. I do appreciate your response and advice on seeking and immigration advisor.

[Wanderer]

That is a ridiculous notion that I must return to my home country and be away from my husband for an infinite amount of time because of the home office’s insufficient and intrusive way of approaching marriage and immigration. It is there fault that I applied after my visa expired and it would a violation of human rights if they separate me from my partner.

Fraid not - being apart for a bit isn't a valid Art 8 claim!!

CoA isn't a visa so ur overstay is down to you I'm afraid.

[ukresi13]

Under legal advice we were told that being under the process of the COA and for the fault of the home office our case would be treated with all fairness in regards to the visa. It is the home office’s fault for me being an overstayer and we have legal justifications for this claim.

After reading many other posts the problem is the waiting time for the FLRM and whether or not we should seek further legal advice?

[Wanderer]

Under legal advice we were told that being under the process of the COA and for the fault of the home office our case would be treated with all fairness in regards to the visa. It is the home office’s fault for me being an overstayer and we have legal justifications for this claim.

After reading many other posts the problem is the waiting time for the FLRM and whether or not we should seek further legal advice?

CoA is NOT a visa. It's your fault you overstayed - if the CoA was not forthcoming in time it's up to you to ensure you don't overstay. How can that be anybody's fault than your own?

[UKBAbble]

CoA is NOT a visa. It's your fault you overstayed - if the CoA was not forthcoming in time it's up to you to ensure you don't overstay. How can that be anybody's fault than your own?

Any advisor who tells you otherwise is misleading you. The overstaying is YOUR fault.

[Casa]

I'm afraid that Wanderer and UKBabble are right. It's a frequent misconception that a COA application gives the right to remain...resulting in many illegal overstays when the visa has expired.
All the COA gives is the permission to marry in the UK...nothing more.

[vinny]

See also FLR(M) rejection because of overstay.

[ukresi13]

Vinny,

Thank you so much for linking me to that board. All the posts by GinoT were very helpful.

[ajmal]

I’ve been reading the posts and seeing that there are various waiting times for each application. My husband I are confused and frustrated with our case. Could someone please offer some advice.

We applied under an FLRM form 16 weeks ago and had my biometrics appointment 14weeks ago. We started with the COA process a year ago and because of issues due to the home office they did not grant us permission to wed until after my student visa had expired. After finally being granted the COA we were advised from a free immigration solicitor to go a head marry here and apply for our FLRM. So now it’s over a year since we’ve been through this system. Our financial situation is getting worse since I can not work, not to mention being unable to attend my family members funeral abroad.

It’s been almost a year with no end in sight. Our solicitor is not being too helpful anymore and we are uncertain as to what we can or should do? Should we seek out another solicitor, would that make a difference? Has anyone been through something similar or waited as long for a response? Please Help.

When did you apply for COA? and when your student visa expire? There is 3 months expiry requirement, you have to apply for COA 3 months before the expiry of your visa

[John]

There is 3 months expiry requirement, you have to apply for COA 3 months before the expiry of your visa

That requirement was removed ages ago. It no longer applies.

[ajmal]

There is 3 months expiry requirement, you have to apply for COA 3 months before the expiry of your visa

That requirement was removed ages ago. It no longer applies.

Moderator


Joined: 25 Sep 2007
Posts: 3543

Posted: Sat Apr 18, 2009 12:47 pm Post subject:

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Unfortunately,Section 1 - Rights of appeal wrote:
Also, there is no right of appeal against refusal if the applicant does not have leave to enter or remain at the date of application. This is because it is not possible to vary leave that a person no longer has. An out of time application will never attract a right of appeal under section 82(2)(d).


If she had applied for the COA before her leave had expired, then she may win a JR due to the delay with issuing the COA. However, this may be expensive. It may be quicker and cheaper just to return and apply for a spouse visa.
_________________
We do not inherit the Earth from our ancestors, we borrow it from our children.

[ukresi13]

Thank you for the further info, we applied way before the 3 months prior to the visa expiration date, but they didn't grant us permission to marry until after my visa had expired...

[ajmal]

Thank you for the further info, we applied way before the 3 months prior to the visa expiration date, but they didn't grant us permission to marry until after my visa had expired...

Please clarify which visa status you and your husband have prior to COA application?

[ginoT]

The HO have some guidelines on response times to applications. They say something like 75% of applications would be processed within 90days of having submitted the application. Call them up for precise timelines. If they go over this time they should be able to provide you with an update. If the update is unsatisfactory then I would get your local MP to write to them why it is taking so long. I would also complain to the UKBA (they have a complaints department). Both those options should provide you with some kind of update quite quickly (say within 2 weeks for each). Your MP especially will be useful as if nothing useful comes out of the response he receives, he should still be able to escalate this to the junior HO minister who can then make some calls and find out why aside from the late application an otherwise straightforward case is taking so long to process.

Your grounds for a JR (if ur application is rejected) are very strong as you submitted the COA application before the 3months limit the HO have arbitrarily requested. If this goes to JR, however, it will be a test case in a similar way to mine – ie we are saying it is unfair to penalize late applications when the lateness was beyond their control (especially if the delaying party was the HO itself). I might settle out of court before any JR takes place (it is looking that way) so unfortunately I’m likely not to help others through a JR ruling. Still, if I settle out of court you and others are welcome to use my case name as a reference point in any negotiations with the HO (ie "you settled with ginoT and so should with me too")

[Sam02]

Hi
Does anybody knows how long it takes to get a biometrics invitation for FLRM .
Also as I am British can I add here to my working tax credit as she is on spouse visa
Thank you

[CR001]

Hi
Does anybody knows how long it takes to get a biometrics invitation for FLRM .
Also as I am British can I add here to my working tax credit as she is on spouse visa
Thank you

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