Help needed about refusal

longtime · Post by **longtime** » Wed Mar 13, 2013 5:15 pm

Hello everyone
My application was refused on 21st of february. I decided to go bak to my country but I still havent recieved my passport back from the home office.
My solicitor told me that I had 28 to leave the country and my time is running out. Will I still be an overstayer even if it is not my fault?
And if I ll be an overstayer does that mean that I will never be able to apply for FLR even from my home country?
Please help me

Post by **Lucapooka** » Wed Mar 13, 2013 6:00 pm

You have not said what category of application so it's not really possible to help you at this point.

longtime · Post by **longtime** » Wed Mar 13, 2013 6:10 pm

sorry .. i forgot to mention I came with a visitors visa and apply to FLR(M)...and got refused...

my visitor visa normally ends in 2014..but i dont know if its still on or not..

Post by **Lucapooka** » Wed Mar 13, 2013 6:20 pm

Your leave to enter expires six months after the date of your most recent entry. The fact that you may have a long-term visit visa does not mean you can stay in the UK long-term (more than six months at time); it's merely a convenience that negates the need to keep applying for a visa each time you wish to enter the UK.

So when did you enter the UK?

longtime · Post by **longtime** » Wed Mar 13, 2013 6:25 pm

I came on 22nd of June..applied to FLR(M) on the 5th of june..got refusal letter on the 25th of February...

Post by **Lucapooka** » Wed Mar 13, 2013 6:43 pm

longtime wrote:I came on 22nd of June..applied to FLR(M) on the 5th of june..got refusal letter on the 25th of February...

I guess you mean 5th of July? So your leave expired during the FLR application. Now you have 28 days from 25th Feb to leave the UK so you are still not yet classed as an overstayer. Please identify in your settlement application that the FLR application was an error in your understanding of the rules rather than a vexatious or frivolous attempt to simply remain in the UK.

Oh, and by the way, you'll not be granted another visit visa again so you had better hope the settlement application is approved. Do you satisfy the income bands?

longtime · Post by **longtime** » Wed Mar 13, 2013 6:56 pm

I see.. I ve sent them a letter and calls through my solicitor stating that i want to go back to my home country. Therefore i need my passport. And now I am getting worried cause I havent heard from them since.. They just told me to wait to hear from them and not to book a flight till I heard from them.
Could you please inform me, if let say, they sent my passport later than the 28 days, will I be an overtayer still? and if so what happens to my chance of applying to FLR from my home country if I ever want to?

Post by **Lucapooka** » Wed Mar 13, 2013 7:00 pm

A period of overstay normally has no significance with a settlement application. In your case it's not your fault so has even less significance.

longtime · Post by **longtime** » Wed Mar 13, 2013 7:02 pm

Lucapooka wrote:
longtime wrote:I came on 22nd of June..applied to FLR(M) on the 5th of june..got refusal letter on the 25th of February...
Oh, and by the way, you'll not be granted another visit visa again so you had better hope the settlement application is approved. Do you satisfy the income bands?

yes 5th of june. What do you mean by "will not be granted another visit visa"..do you mean ever again???
yes we satisfy the income bands for now...but my husband is planing to quit and move to my home country too

Post by **Lucapooka** » Wed Mar 13, 2013 7:03 pm

If someone applies for settlement and that is refused, they are then unable to prove sufficient ties their homeland and motivation to return there after any visits. They have declared a desire to live in the UK and visit visa applications are generally refused on that basis.

Your income alone will be the financial benchmark. What is your (not his) current income?

longtime · Post by **longtime** » Wed Mar 13, 2013 7:08 pm

by the way thank you so much for the help

I cant believe this..this is so disgraceful.. I am really unhappy now..I know for sure that I dont want to live in this country ..but would be nice if I were not banned life-time visiting if I wanted to...

longtime · Post by **longtime** » Wed Mar 13, 2013 7:10 pm

Lucapooka wrote: Your income alone will be the financial benchmark. What is your (not his) current income?

My income?? I came with a visitor visa so I havent been working for almost 9 months now..But back at home I was earning around 2000 pounds a month.

Post by **Lucapooka** » Wed Mar 13, 2013 7:11 pm

longtime wrote:I know for sure that I dont want to live in this country

Well that is an option. Why don't you live in his country? What is preventing that scenario?

longtime · Post by **longtime** » Wed Mar 13, 2013 7:17 pm

Lucapooka wrote:
longtime wrote:I know for sure that I dont want to live in this country

Well that is an option. Why don't you live in his country? What is preventing that scenario?[/quote
.
Well I want to start working again..You see I am doctor and 9 months is a long time to be away from practise. And this UK experience has been so tiring and stressful. I take everything that happened as a sign now. But just wanted to leave an open door and be able to apply for FLR and come back to UK, if things dont turn out the way I want them to be in my country.

Post by **Lucapooka** » Wed Mar 13, 2013 7:23 pm

You say you are not working. Does that mean you have no current income?As his sponsor, if you have no income you will need 62,500 in cash savings to qualify for the settlement visa.

longtime · Post by **longtime** » Wed Mar 13, 2013 7:27 pm

Lucapooka wrote:You say you are not working. Does that mean you have no current income?As his sponsor, if you have no income you will need 62,500 in cash savings to qualify for the settlement visa.

I have two flats back at home but not planning to sell any of them to show 62500 cash

Post by **Lucapooka** » Wed Mar 13, 2013 7:28 pm

So how will he qualify for a settlement visa or are you not interested to apply at this time?

longtime · Post by **longtime** » Wed Mar 13, 2013 7:29 pm

By the way My husband is the sponsor..he is the british citizen one.. I am the applicant.
And he now earns around 2500 a month ...

Post by **Lucapooka** » Wed Mar 13, 2013 7:34 pm

Okay, so you have no issues. Simply apply for settlement when you get back.

longtime · Post by **longtime** » Wed Mar 13, 2013 7:44 pm

Lucapooka wrote:Okay, so you have no issues. Simply apply for settlement when you get back.

yay

thank you so much for all the answers

lekmat01 · Post by **lekmat01** » Wed Mar 13, 2013 10:19 pm

@longtime sorry do you have a child for your British citizen husband because I have got visitor visa and was granted limited leave to remain last month February 13th because my wife is a British citizen and we had a child as well....

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Help needed about refusal

Help needed about refusal

very sad news