REFUSAL DECISION

[shendean]

My flr-m extension to leave is refused!!

I got the my docuemnts back but not my Passport... I need to go home and repplied again.

[sanny26]

whats the reason for refusal?

[shendean]

whats the reason for refusal?

Under PARAGRAPH D-LTRP 1.3 WITH REFERENCE TO PARAGRAPH R-LTRP 1.1 (C)&(D) AND PARAGRAPH 276CE WITH REFERENCE TO PARAGRAPH 276ADE(iii)-(vi) of HC395.

by all means i dnt know what the exact refusal. anyone help will do?

[vinny]

hi all!

I applied on OCT 11 2012 for an extension of flr-m coz i have not pass my english test..i been here in the UK 2010 for fiancee visa. I got my BIO on Jan 30 2012. And got refusal letter today Under PARAGRAPH D-LTRP 1.3 WITH REFERENCE TO PARAGRAPH R-LTRP 1.1 (C)&(D) AND PARAGRAPH 276CE WITH REFERENCE TO PARAGRAPH 276ADE(iii)-(vi) of HC395. and it says i cannot show that i have no social or cultural ties in my home country. YOUR APPLICATION FOR LEAVE TO REMAIN IN THE UK HAS BEEN REFUSED AND U NO LONGER HAVE ANY KNOWN BASIS OF STAY HERE. THERE IS NO RIGHT OF APPEAL AGAINST THIS REFUSAL.

by all means i dnt know what the exact refusal. anyone help will do?
so it mean i cant come here also? and reapplied in my home country??

PLS HELP ANYONE!

[vinny]

Why didn't you marry and apply for FLR(M) before your fiancee visa had expired?

[shendean]

Why didn't you marry and apply for FLR(M) before your fiancee visa had expired?

u made me wrong. i came here fo fiance visa on 2010 and applied for spouse after we get married on august. and applied extension last year coz not pass my enlgish test.

[vinny]

Sorry. They considered you under the new rules (Family life as a partner, limited leave to remain on the grounds of private life in the UK) for some reasons.

Did you apply for FLR(M) both times before your leave had expired?

[shendean]

Sorry. Did you apply for FLR(M) both times before your leave had expired?

i did made my first application before my visa expired because of the payment problem they wont allow it. so made 2nd application again.

[vinny]

Was the payment problem your fault?

[shendean]

Was the payment problem your fault?

yes coz theres no money on it. but made second application which they already accpted even its expired and done bio on jan30. this is ridicolous!

[vinny]

hi all i just refused my visa due to the expiration which i made application on the first which is valid but the second one they accepted it and i have done my bio as well.. th question is why they accept payment and got my bio if my visa already expired. Whats the best thing to do reapplied in my home country or get solicitor?

refusal also means i cant make an appeal!

[vinny]

I have been refused a visa one week ago here in the Uk FLR-M extension. first application was rejected bcoz the payment didnt go trough and the second time i applied visa was expired. I already book our ticket on 29 going home to my home country. I want to ask .

WHAT KIND OF ENGLISH TEST I NEED TO SENT TO THEM?

Hi?just want to ask i have been refused of extension.so wanted to know what application for i will make applying back here in the uk again including my son?

[vinny]

See also Family of British citizens and settled persons, if applying from outside the UK.

[marucha]

What can I do?
I entered the UK on a Fiancée visa on 10 of March 2012 ( valid until 6 of August 2012), and applied for FLR(M) on 9 of July (sent form with supporting documents on this day). The fee for the application was deducted within a week. I received a letter from the UKBA, dated 24 of July, informing me they had received my application and that it was to be passed to a casework unit. The letter stated that if there was any problem with the validity of the application a caseworker would write to me as soon as possible to advise what action I need to take to rectify the problem. Four months later, I received a letter from the UK Border case worker (dated 1 of November 2012) informing me my application was invalid because I had used the wrong form; it had changed as of 9 of July, and needed to use the correct version of the specified form in my application. The application fee was reimbursed within a week. I reapplied using the correct form (9 of November). On letter dated 5 of December I was informed that my application had been received and passed on to a casework unit. I received a letter dated 24 January 2013 to have my biometrics taken as part of my application. On 16 of March I received a letter dated 11 of March, stating that my application “has been refused because I was in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less)” and “your application for leave to remain in the UK has been refused and you no longer have any known basis of stay here. There is no right of appeal against this refusal.”

[vinny]

What can I do?
I entered the UK on a Fiancée visa on 10 of March 2012 ( valid until 6 of August 2012), and applied for FLR(M) on 9 of July (sent form with supporting documents on this day). The fee for the application was deducted within a week. I received a letter from the UKBA, dated 24 of July, informing me they had received my application and that it was to be passed to a casework unit. The letter stated that if there was any problem with the validity of the application a caseworker would write to me as soon as possible to advise what action I need to take to rectify the problem. Four months later, I received a letter from the UK Border case worker (dated 1 of November 2012) informing me my application was invalid because I had used the wrong form; it had changed as of 9 of July, and needed to use the correct version of the specified form in my application. The application fee was reimbursed within a week. I reapplied using the correct form (9 of November). On letter dated 5 of December I was informed that my application had been received and passed on to a casework unit. I received a letter dated 24 January 2013 to have my biometrics taken as part of my application. On 16 of March I received a letter dated 11 of March, stating that my application “has been refused because I was in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less)” and “your application for leave to remain in the UK has been refused and you no longer have any known basis of stay here. There is no right of appeal against this refusal.”

Unfortunately, the Immigration rules changed on 9 July 2012. Hence, the change of application forms. However, you are subject to the old rules under the transitional provisions.

Suggest that you file an appeal to the Tribunal.

Perhaps ask a judge to consider UKBA's delay and correspondence and the following:
1. The initial application on 9th July 2012 was valid under 34I.
2. Therefore, Section 3C was triggered.
3. Therefore, the subsequent application should have been treated as a variation (JH (Zimbabwe) [2009] EWCA Civ 78).
4. Therefore, you have the right of appeal (82(2)(d)) against a refusal.

Also consider getting professional assistance.

[marucha]

What can I do?
I entered the UK on a Fiancée visa on 10 of March 2012 ( valid until 6 of August 2012), and applied for FLR(M) on 9 of July (sent form with supporting documents on this day). The fee for the application was deducted within a week. I received a letter from the UKBA, dated 24 of July, informing me they had received my application and that it was to be passed to a casework unit. The letter stated that if there was any problem with the validity of the application a caseworker would write to me as soon as possible to advise what action I need to take to rectify the problem. Four months later, I received a letter from the UK Border case worker (dated 1 of November 2012) informing me my application was invalid because I had used the wrong form; it had changed as of 9 of July, and needed to use the correct version of the specified form in my application. The application fee was reimbursed within a week. I reapplied using the correct form (9 of November). On letter dated 5 of December I was informed that my application had been received and passed on to a casework unit. I received a letter dated 24 January 2013 to have my biometrics taken as part of my application. On 16 of March I received a letter dated 11 of March, stating that my application “has been refused because I was in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less)” and “your application for leave to remain in the UK has been refused and you no longer have any known basis of stay here. There is no right of appeal against this refusal.”

Unfortunately, the Immigration rules changed on 9 July 2012. Hence, the change of application forms. However, you are subject to the old rules under the transitional provisions.

Suggest that you file an appeal to the Tribunal.

Perhaps ask a judge to consider UKBA's delay and correspondence and the following:
1. The initial application on 9th July 2012 was valid under 34I.
2. Therefore, Section 3C was triggered.
3. Therefore, the subsequent application should have been treated as a variation (JH (Zimbabwe) [2009] EWCA Civ 78).
4. Therefore, you have the right of appeal (82(2)(d)) against a refusal.

Also consider getting professional assistance.

Vinny,
I really appreciate your speedy reply. I have spent a horrible weekend at the thought of being forced to leave my husband or forcing him to close his business, pick up and go. The caseworker (the second one) cited EX.1 and Art 8 of the European Convention on Human Rights as not applicable in my case; I guess to support his no appeal decision?

So, these seem to be our options:
a. Contact case workers directly and kindly request the revision of the decision. We have drafted two letters. Has this ever been done?
b. Get help from our MP. Other posts in here suggest this option. We have made an appointment and since it was only possible to see him in April, my husband explained the urgency of our plea and his office has asked us to post all info regarding my case so that they can get on it right away.
c. Get expert legal advice. Would you have any suggestions? any idea of how much they charge?

It seems all of the above apply. What do you think?

[vinny]

Do click on the given links above for more info.

See also Ex.1 and Human rights.

I believe that they were wrong in declaring the initial application as invalid because of 34I.

Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.

I think you should also try appealing within the 10-day time-limit. Perhaps raising the suggested points above. Let a judge decide whether or not you have the right of appeal.

[Obie]

I agree you should send a notice of appeal to the FTT. You had a valid leave to remain when you made the application, therefore when you are entitled to an in country appeal of this decision. You could also send a pre-action protocol for JR, on the basis that the the decision is flawed on the basis that your were not served with a proper notice of decision, specifying your right of appeal, in accordance with the Regulations.

This decision to all intense and purpose seems thoroughly flawed.

Notwithstanding the fact that you have been unable to pass the test, the old rules are applicable in this case.

[vinny]

This decision to all intense and purpose seems thoroughly flawed.

Perhaps another classic example of...?

See also another case, where the UKBA had (incorrectly) declared an application as being invalid.

[marucha]

Do click on the given links above for more info.

See also Ex.1 and Human rights.

I believe that they were wrong in declaring the initial application as invalid because of 34I.

Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.

I think you should also try appealing within the 10-day time-limit. Perhaps raising the suggested points above. Let a judge decide whether or not you have the right of appeal.

I have written letters, made phone calls. The only thing that is not clear to me is the appeal. I was denied an appeal as stated in the letter I received (unless the deportation is enforced, then I can appeal) thus I did not get a form to appeal. How do I appeal then? Appeal that I was not giving a right to appeal?
I've been reading other posts about deportation proceedings taking years to be enforced. Not even with lawyers on board, people seem to find answers or a reply. I just don't want to live in limbo feeling like some sort of criminal. Could you give me more insight into the appeal process?

[vinny]

How do I appeal then? Appeal that I was not giving a right to appeal?

The appeal forms are readily available on the Tribunal's website, linked to previously.

Submit an appeal, citing the reasons. Submitting an Online appeal is also possible.

I believe that the UKBA were mistaken in declaring the initial application as invalid and subsequently refusing and denying a right of appeal. Therefore,

Let a judge decide whether or not you have the right of appeal.

Unfortunately, if you are now over the 10 working days time limit, then this may make things more difficult. You should further explain why you are late.

If your appeal does not reach us by the required date, you must explain why you were not able to submit it in time. The reasons will then be assessed to decide whether there are special circumstances that allow your appeal to proceed.

[marucha]

How do I appeal then? Appeal that I was not giving a right to appeal?

The appeal forms are readily available on the Tribunal's website, linked to previously.

Submit an appeal, citing the reasons. Submitting an Online appeal is also possible.

I believe that the UKBA were mistaken in declaring the initial application as invalid and subsequently refusing and denying a right of appeal. Therefore,

Let a judge decide whether or not you have the right of appeal.

Unfortunately, if you are now over the 10 working days time limit, then this may make things more difficult. You should further explain why you are late.

If your appeal does not reach us by the required date, you must explain why you were not able to submit it in time. The reasons will then be assessed to decide whether there are special circumstances that allow your appeal to proceed.

I have been trying to file on line but unfortunately it does not accept the home office reference number in my notice. It keeps sending me back to the document, asking for such number.