Wife's application refused. need urgent advice.

[Obie]

Yes. That is what your lawyers should have done aswell, but it does not appear to me that he pursued that.

He had the opportunity of pursuing it on Appeal but didn't.

[rodelaakash]

Even though the long residence applicant had not been settled, the PBS dep could have applied for FLR(M) by post asking for the application to be placed on hold until the long residence applicant (the spouse) had been granted ILR. This is the normal procedure and would have avoided any problems. An FLR(O) application was erroneous and even more so since it was never varied. This has happened numerous times (a lot) with so-called competent advisors/solicitors.

Do you think I should sue my solicitor? As only because we believed in him we had to go through so much misery, spend so much money for appeal and now my wife is on the verge of deportation.

[Amber]

It's not an easy process, you can make a complaint to the Legal Ombudsman Service about a solicitor.

[rodelaakash]

Hi

I wanted to make a fresh application for my wife. I know she needs to take A1 test. But her passport is with the Home Office now. I have contacted lot of test centres. But none of them will allow her to take the test without original passport. She doesn't have driving licence either to prove her identity.

If I request to return her passport from the home office what will be her status then? Can anyone help me with any way out please.

[Amber]

You should submit the application within the time scale and request the passport to complete the test.

[rodelaakash]

Thanks a lot Amber. She needs to submit her application by 30 June. Should we submit the application without the English test and ask for the passport for the test after we submit the application?

If we submit the application without the English test will they not invalid her application as it is one of the main requirement?

[Amber]

She'll have to submit without the English Test, you'll have little other option. I assume she doesn't have a degree.

[rodelaakash]

She'll have to submit without the English Test, you'll have little other option. I assume she doesn't have a degree.

If we ask for the passport after the submission should we mention about the English test in a cover letter when we submit the application?

She has done her graduation on Finance from University of Dhaka (which was taught in English). But she came here to join me before the Certificate was released from the university. Now we are trying to get the certificate through one of our relatives in Bangladesh (there are some forms to be filled in to retrieve the certificate). But I think we will not receive it before the submission deadline.

She has taken IELTS Test on 2010. She scored 7 in it. But unfortunately the score was valid only for two years.

[Amber]

Send that IELTS doesn't matter if it's expired it should still be accepted. Also, explain in a cover letter if they still want her to sit another exam, they'll have to send her passport.

[Obie]

Unless exception 1 applies, such application is likely to fail. Perhaps fairness may come to your rescue.

[rodelaakash]

Thanks a lot for all support and great advice. Today I have been to London and met two lawyers.

One of them said as my wife came here as my partner when I was on PSW visa on 19 April 2011, before the financial requirement was initiated I don't need to earn£18600. But due to a very recent change in law we have to meet that requirement now.

The other lawyer showed us the FLR (M) form and the Guidance. It says in the Financial requirement part of the application:

"If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not required to complete section 7A, Proceed to 7B MAINTENANCE. For more information on completing the financial requirement section please see section 21 of the guidance notes"

It says in the guidance form:

"You need to meet the financial requirement if you made your first application to enter or remain here as a partner after 9th July 2012."

He said that as my wife came here as my partner before this day we do not need to meet the financial requirement.

So I am confused again. Please help me to understand where I stand.

[Obie]

I hate to say this, but those two lawyers are clearly wrong.

It is very unfortunate that you seem very attracted to these lawyers.

Firstly, your last leave was as a PSW . That leave never provided a pathway to ILR, although you could add it towards other leave under the Tier 1 or Tier 2 system for ILR.

Had you subsequently acquired Tier 1 (exceptional Talent) or Tier 1 (General) after the PSW, then your wife would have been a dependant under that category, and there would have been a clear pathway for her.

Fortunately for you, you secured ILR under the long residence. Your wife application should have been varied once you had secured ILR, but this was not done.

You would have been expected to meet the financial, except exception 1 applies, which does not seem to be the case, in your circumstance, as you are not a British, dont have a child who is british or has spend 7 years of his life in the UK.

Therefore the two lawyer are either confused about your case, or talking plain rubbish.

You did not enter for settlement under the Old Rules that prevailed on the 8 th july 2012. She was here on the non settlement route of dependant of PSW.

The court of appeal is currently dealing with the financial requirement, but a judgement is not out yet.

Without spending my time writing, I will simply say, the financial requirement has to be met, and the 2 lawyers that said otherwise were clearly wrong.

[Amber]

If your solicitor had applied for FLR(M) originally or at least varied FLR(O) to FLR(M), then yes, your spouse would have been under Part 8 of the immigration rules - 'old rules'. However, from 6 April 2014, the rules changes and PBS deps who switch to FLR(M) are subject to the rules under Appendix FM - the 'new rules'. This includes the Financial Requirement. However, many solicitors mess the rules up, in your case, it's cost you dearly.

[rodelaakash]

I am helpless now. I have gathered all my payslips and bank statements. Unfortunately I have earned only £8600 in last six months but £19500 in last one year as I had a temporary job between September 2013 to March 2014. That was a night shift job which my wife did not want me to do and I had to leave eventuality.

Seems like I have no other way but to be separated from my wife at the end because of these disgusting immigration rules and incompetent lawyers.

[Amber]

What is your current gross annual salary?

[rodelaakash]

About £13000

[rodelaakash]

Last year at this time my wife was working and our combined salary was about £21000 pa. We could easily meet the financial requirement at that time. I am totally devastated.

[Amber]

It'll be placed on hold if you do not meet the financial requirement. Meanwhile your spouse will be an overstayer.

[Obie]

You should apply for Naturalisation. That will help engage exception 1.

With your earning then, you should have qualified for Leave.
All these issues should have been dealt with at the Tribunal. At that moment her lawful employment would have been considered. Now she has no lawful right to employment. So her employment will not be considered.

[rodelaakash]

I requested to the home office for the certified copy of my wife's passport. I explained on the application that she needs to apply on FLR ( M ) form and for that she has to take A1 English test. We have received the certified copy today from Home Office. She is going to take the test from Birmingham on 27 June.

[aakkoo]

My wafe gave B1 level exam from trinity college without her passport. I phoned the college and informed them that my passport is with HO. They asked for the acknowledgment letter that i received from the HO. I scanned the letter and emailed them.

Got the result in a week time.

[rodelaakash]

My wafe gave B1 level exam from trinity college without her passport. I phoned the college and informed them that my passport is with HO. They asked for the acknowledgment letter that i received from the HO. I scanned the letter and emailed them.

Got the result in a week time.

They used to accept it but they are saying they recently stopped doing it now because of the strict regulations imposed by the Home Office

[rodelaakash]

You should apply for Naturalisation. That will help engage exception 1.

With your earning then, you should have qualified for Leave.
All these issues should have been dealt with at the Tribunal. At that moment her lawful employment would have been considered. Now she has no lawful right to employment. So her employment will not be considered.

I want to apply for Naturalization. But I do not have any money at all to do it right now. Hopefully I will do it in July. I do it next month after I lodge her application as her application is more important to me right now. Should I inform the home office once I get confirmation of my Naturalization?

As I can not fulfil the financial requirement which application form will be more appropriate for my wife? FLR ( M ) or FLR ( FP)?

[rodelaakash]

Good morning

Can you please advice me whether I should apply for my wife on FLR (M) or FLR (FP) form as I can not fulfil the financial requirement at this moment (I have earned about £19500 in last 12 months but only £8600 in last 6 months as I lost one of my temporary job in March).

Is there any sample sponsorship letter online?

[Obie]

You cannot use form FLR (FP) as exception one does not apply in your case, for reason we explained earlier. FLR(M)will be the appropriate.

You wife was entitled to work until this month when the Tribunal refused her application, as section 3(C) was in play. Provided she was working, , then any income she earned within the last 6 months, could be added.

These are all factors that could have been used in her favour in court.

Please note that income of over 16,000 can be taken into account as part of the assessment. Any form of overseas earnings could also be added.