Got FLR(M) but 10 years route, HO wrong decision help needed

[mhamk2000]

Dear Members

I applied FLR(M) on July 2014 and i got the answer 12 December 2014. They didn't accept my application on 5 years route. All the related documents were provided but they didn't accept anything and put me on 10 years route. There were 2 main objectives, one is English language test and other is financial statement.

I have got the certificate from EMDQ Entry Level certificate in Esol international (Level 3). Examination date was 25-04-2014. Before this test i checked every where and it is acceptable for my FLR(M) application according to my knowledge. HO says " this provider is not listed as an approved provider in Appendix O of the immigration Rules as of 21 January 2012". Can you confirm that my certificate was acceptable for my flr(m) application or HO is wrong.

2nd they didn't accept all proof of my husband financial statements. HO says " you have provided details of your husband's self-employment in the from of HMRC National Insurance Contributions, Accountants reports from Accountant for the period ending 05 April 2014 and print outs of HMRC tax returns however no evidence has been supplied to demonstrate how these claimed earnings have been derived.
It is also noted that you have supplied certified copies fo your husband's Barclays bank statements however these do not reflect the self employment income that has been claimed on your application.
You therefore fail to meet the requiremnet of E-LTRP.3.1 - E-LTRP.3.3 of the immigrations rules".

In application forms that was clearly mentioned that profession is " taxi driver". there is no separate business account, there is one account for both personal and business. As all self employed people works out like this. Not recommended or compulsory that if you are self employed there should be separate account. Tax return was attached and next month there is £4000 tax due.

I need help how i can claim for my 5 year route or can challenge HO decision, as i am here in England already since 6 years. There is no right of appeal in the letter or if you are not satisfy with result you can appeal. I am assuming HO is trying to prolong the spouse period long as much as they can. what option i have now, please advice me.

Looking professional help from Amber or others senior members.

many thanks

[CR001]

Just a thought, but you could apply for ILR based on 10 years long residence in 4 years time if you have already been here for 6 years.

This is the list of approved English tests, have a look through if yours as you state it, is there

https://www.gov.uk/government/uploads/s ... r_2014.pdf

[mhamk2000]

i can't apply on the long residence basis because period has been broken 2 years back, i spend one full year at home country and again took the visa to enter in UK.

Can i apply again for FLR(M) to get my 5 years route ?.

why HO didn't accept financial documents ?.

[Obie]

You must request reconsideration.

It seems their decision is wholly flawed based on what you have said

[mhamk2000]

I received BRP yesterday 17-12-2014 and the starting date is 15-12-2014. Its mean they print it and post it on the same day. Question is, i posted my file in July 2014 and receive in December 2014, what about these 6 months, they don't come in any count. In 10 years route its mean 2 year they will take in processing time. what its mean, only tactics to prolong the stay as much as they can ?. Is there any other forum or Government body where we can record this or complain ?.