FMRS Refusal/28 days notice to leave the country.

[justice69]

Hi all,
I sent in an application to the HO in january 2010 for a RC. I'm presently married to an EU national. The application was refused in june 2010 on the grounds that my spouse was not registered under the WRC. We appealed and won the appeal and the immigration tribunal held that my spouse was exercising her treaty rights. The HO appealed against the 1st tribunal's decision in July 2010 and we later got a new letter from the higher tribunal that my spouse was out of work for 2 months and it wont count as a qualifying period. I got some very useful advice from some good people on this forum to apply for FMRS instead and abandon the RC. I did apply for FMRS in september and i got a COA in october.
*** I got a letter from HO dated 20/1/11 that my application for FMRS is refused on the grounds that one of the 2 places my wife works has an application by the companies House to be struck off/wound up, and the landline telephone numbers for the 2 companies is unreachable.
My wife still works at the 2nd company till present and occasionally works when she is called at the first. She has a WRS card for both companies.
I wasn't given any right of appeal and i am given 28 days to leave the country and my wife. The HO returned only our marriage certificate and my wife's passport and held on to other docs and my passport.
I have approached a solicitor here in Birmingham and he is charging me over a thousand pounds to get them re-consider my application. I am really worried, i dont even know if it is safe to remain living at my present address or just move out. Please help good people on this forum.
Please, ur kind and good opinion on this case will be highly appreciated.
Many Thanks,
Justice.

[justice69]

Please guys, don't just read and pass over this comment of mine.
please i need all your candid opinion on this. I have less than 3 weeks from the date HO sent a letter to me to leave the country and my wife. What can i do Please. I am really worried and confused.

Thanks.

[Obie]

The UKBA have obviously made the wrong decision, and you need not worry too much, as i don't think they will proceed with removal. There is no provision under the EEA rules that states you should leave the state within 28 days.

There is a satutory right of appeal, which it appears has not been given to you in this case. This is clearly unlawful.

I believe you can do a reconsideration yourself stating the rules and the failure on their part to apply and comply by them.

Send the most recent payslips for your wife, for which she was issued a WRC, as well as the WRC itself. Send it together with a letter from the company stating it is an authentic company still in operation, and a confirmation that she is still employed with them.

Once this has been provided, i am sure they will reconsider your application. You can also send a pre-action protocol of possible JR proceedings you will initiate if they dont get their act toghether.

I wish you all the best.

[justice69]

Thx a lot Obie. I really dont know what grounds to state in my defence to the HO. I have told my wife to get a cover letter from her employer coupled with her payslips. Pls I really need to knw wot to state or maybe I should just pay the solicitor the £1100 to go ahead though I find it ridiculous on his part. Seems he is only taking advantage of my situation. I will be grateful if you will enlighten me on the right cause of action. I do appreciate ur comment and expertise on my case. Thx a lot.

[Obie]

Firstly i would retract my statement, that there is a statutory right of appeal for FMRS refusal. This is clearly not accurate, as there is not, and it seems really strange. It is not an EEA decision, it seems. Very weired indeed.

Like i said before, they have given you 28 days to leave, but they have not issued you with a removal direction. The implication of this is, you have no right of appeal. But if they issue the latter, then you will have a statutory right of appeal, and these issues will be discussed.

The other option might be a Judicial review, on grounds of the unreasonableness of the decision.

I believe there might be charges for that service, but i agree with you that £1100 is pretty expensive, when there is no legal argument, or barrister involvement. Then again it is not unusual for solicitors to charge these inflated fees.

The reconsideration should dispute the refusal, and provide facts contradicting it. Example of this could be Payslips, letter from employer stating she is still in employment. Evidence that the company is registered and existing . The recent contact number of the company she works for, or letter from a Senior member of staff confirming she is employed there, and an undertaking that te UKBA could contact them if they have any query. Refer to the caseworker requirement for a FMRS to be issued. A Pre-Action protocol stating you will apply for a JR if they refuse to reconsider.

I believe this should do the trick.

Hopefully in about 3 months the FMRS will cease to exist and things will improve.

Best wishes again

[toni34]

is there anything stopping you from repplying under the eea law?

[mohamed82]

Hi all,
I sent in an application to the HO in january 2010 for a RC. I'm presently married to an EU national. The application was refused in june 2010 on the grounds that my spouse was not registered under the WRC. We appealed and won the appeal and the immigration tribunal held that my spouse was exercising her treaty rights. The HO appealed against the 1st tribunal's decision in July 2010 and we later got a new letter from the higher tribunal that my spouse was out of work for 2 months and it wont count as a qualifying period. I got some very useful advice from some good people on this forum to apply for FMRS instead and abandon the RC. I did apply for FMRS in september and i got a COA in october.
*** I got a letter from HO dated 20/1/11 that my application for FMRS is refused on the grounds that one of the 2 places my wife works has an application by the companies House to be struck off/wound up, and the landline telephone numbers for the 2 companies is unreachable.


My wife still works at the 2nd company till present and occasionally works when she is called at the first. She has a WRS card for both companies.
I wasn't given any right of appeal and i am given 28 days to leave the country and my wife. The HO returned only our marriage certificate and my wife's passport and held on to other docs and my passport.
I have approached a solicitor here in Birmingham and he is charging me over a thousand pounds to get them re-consider my application. I am really worried, i dont even know if it is safe to remain living at my present address or just move out. Please help good people on this forum.
Please, ur kind and good opinion on this case will be highly appreciated.
Many Thanks,
Justice.

iam really sorry to hear that but honest if iam instead u i would pay 1100 pound for solicitor and have my case becouse ur case sound is too complex

[sjimoh112]

I'm sorry for your situation. All i can suggest is you should be able to get a solicitor that offers legal aid.

If you can get legal aid you probably won't have to pay a solicitor at all or you'll pay significantly less. If you're working, do they know where you're working? Have they got you pay slip or anything that can make them find you?

I'll suggest that you get somewhere else to stay but that will be at the risk of being here illegally which may slight affect your app in terms of how long it will take to get your legal status after app is made.

Google search 'community legal service' to find immigration solicitors in your area. Call as much as you canto find out which one offers legal aid services so you can pay as little as possible or nothing at all.

[sjimoh112]

Ukba has got your passport and they can remove you from the country within 2 week after the 28 days they've given you. All you can do is stay in the shadows until you get a positive response or to give yourself time to plan ahead.

[justice69]

Hey guys, i don't think it's of any sense to run into hiding. That will read some other meaning into my circumstance. I have since paid the solicitor who has commenced a JR proceedings against the HO. All i can do now is wait and pray. All my app is genuine and my wife/sponsor is still exercising her treaty rights. My worries is i don't know how long it will take to reply to the JR application. My solicitor said they have no right to separate our marriage based on the error in their part. I strongly believe i will come out victorious at the end.

[justice69]

Hello all,
Does anyone know how long a judicial review take? My solicitor suggested i put in a fresh fmrs application before it is abolished in May.He said i still av rights under the EU law to make such application since i am legally married. My wife's employer has promised to give her a letter but no other letter of employment will be given as she was given one at the start of her job. The HO retained all the earlier documents from her employer when my application was refused. Will any letter from her employer and recent payslip be sufficient?
I just want to find out if we are on the right path. Toni34 did suggest earlier i sent in a new application though. Pls your kind assistance is very appreciated on this matter. Many Thanks.

[ngueda2009]

why do you want to apply for a jr when you can only send a new application . please listen to your sollicitor

[justice69]

Thx a lot for your reply.My solicitor started the jr before coming up with the idea of fresh application. He faxed the bundle like he said to them 2 weeks after I was refused. Should I go ahead with a fresh application like he said? Thx a lot.

[ngueda2009]

go ahead with a new application because it is taking on average 4months whereas with the judicial review we are talking about more than double that amount of time. so go ahead with it

[justice69]

Thx a lot for your kind advice. Will any letter and recent payslip from my wife's employer be enough as she was told she can not be given a new letter for confirmation of employment. Also the HO has got the former letter of employment and my passport with them. These documents were not returned when I was refused last month for a very ingenuine reason. Kindly let me knw if I'm in the right direction with my solicitor. Many thx again.

[smallpie]

justice... as obie has adviced earlier.. u shld av done just that. i dnt think u need a solicitor to do the follow up. u just need to do the follow up as a reconsideration and a letter from you and your wife against the refusal decision. and the current payslips of yr wife , your current bills together, marriage cert, and a letter again frm the company she working with. 'as a letter of identification of here workin with the company , if possible directed to the home office, and a phone number of the company'- any company shld be able to write such letter even tho they must av given employment letter b4.
i think yr case is so str8 forward. then state it in yr letter to homeoffice, that they got yr pssprt as yr identification, and other documents. and plz dnt 4get to include yr wife psprt again.

[justice69]

Hello again good people of this forum, i wish to thank all the people that contributed to my earlier post. I'm sincerely grateful.
If i may ask, i have a pending FMRS application with the home office which a cert of application was received for in March, can i go ahead to apply for EEA1&2 now? Most of our documents are still with the H.O which includes both our passports and marriage cert. What would be the best option for me, is it to wait for the outcome of the FMRS or can i just apply for the registration cert and residence card as my wife has completed 12 months continuous employment. I will be very grateful for any kind response to this.
Thank you very much once again.

[vinny]

Note the Closure of the Worker Registration Scheme.

[justice69]

Dear Vinny,
Thx for the prompt reply. I am aware of the closure of the WRS. What do you suggest i do in this case? Will it be right to put in a RC application with our documents still with the H.O from the last app for FMRS? My wife is still exercising her treaty rights with the same employer since last year. I will appreciate if you can shed more light pls.
many thx.

[justice69]

Pls guys, i need your good advice on what to do with my application. Can someone pls tell me if i can apply for RC now with our passports still with the H.O from the FMRS application submitted in february?? Pls guys, i just want to know if i'm on the right path.
Many thx.

[flames]

Pls guys, i need your good advice on what to do with my application. Can someone pls tell me if i can apply for RC now with our passports still with the H.O from the FMRS application submitted in february?? Pls guys, i just want to know if i'm on the right path.
Many thx.

I think the Home Office will ''convert'' your FMRS application to a residence card one and issue a residence card if your application is succesful as FMRS is no longer in existence. I dont think there is any need to make a further residence card application. Just wait to hear from them

[justice69]

Thx a lot Flames,
I will wait for the outcome of the Fmrs application. I just want to know if i am on the right direction in getting my immigration status sorted. Thx once again.

[justice69]

Hello Guys,
The HO has written to me asking for evidence of cohabitation and employment for my wife for the past 6 months. I have sent it to them and now just patiently waiting for their next response.