Flr FP rejected :( Any advice will be really appreciated!!!!

[wethree]

[dilse4srk]

with this post, no body will be able to advice, as you have not mentioned a single word about refusal and what sort of application you submitted

[wethree]

Sorry I managed to post the heading without any information Below is our story;

Hi Everyone,

Home office has really messed up our family life. Me and my wife got married on 28 May 2016 and had our first baby on 18 Sep 2016. This is meant to be the best time of our life but it feels like we are living under fear.

My tier 2 sponsor visa (Work Visa) was cancelled on Nov 2015 as I had problem with my employer. In Jan 2016, I receive a letter from Home Office saying I have to leave the country by March 2016 or apply for new visa.

Me and my wife, have been in relationship since July 2014. We moved in together in July 2015. Got engaged in Oct 2015. After I left my job and received the 60 day letter from Home Office to leave UK, I was planning to leave the UK and apply for Fiance Visa to come here to get married as our wedding date was set on 28 May 2016. However, In Jan 2016 we found out that my wife (Fiancee back then) was 6 week pregnant. This changed everything for us. We then applied for FLR FP on March just before the end of 60 day period.

We had also given a notice to get married. As i was from outside the EU, couple of guys from Home Office came to our house and interviewed us separately. They were happy with everything and issued our marriage licence. We got married and everything was ok until we received a letter from Home Office in August 2016 saying that our relationship is not genuine enough We appealed on the decision and also contacted our MP as everyone were saying to us that MP will be able to help. We are still waiting for our date of hearing and turns out our MP is one of the must incompetent and useless person. Only thing he could do was find out that our visa application was rejected which I clearly told him when I contacted him that our visa has been rejected so I am contacting you for your help.

I have been ringing First Tier Tribunal and they keep telling me that they can not give me any date yet. My wife is on Maternity Leave and we are running low on funds and our tenancy agreement expires soon. I cannot look for job as my passport is with Home office and i am not allowed to work and don't know how we are going to get new tenancy agreement without job and valid visa.

We would really appreciate if you have suggestions so we could bring the hearing date sooner and if possible make Home Office to issue the visa without going to court as we have all the documents to prove the authenticity of our relationship and we pass financial requirements as well.

Thanks in advance /\

[ohara]

What were the exact reasons for the refusal? Can you write it out word for word as it is on the letter?

What nationality is your wife?

Did you apply for FLR(FP) parent route or partner route?

[vinny]

It seems strange that they were happy for you to get married but subsequently declare that your relationship is not genuine enough?

[wethree]

Hi Ohara,

My wife is White British. I applied as a partner and below is the wording from the refusal letter;

‘’We cannot accept that your relationship with your partner is genuine and subsisting as you only began living together as a couple on 24 July 2015, which does not amount to a period of 2 years of cohabitation. You therefore fail to meet the requirement of paragraph E-LTRP.1.7 of Appendix FM of the Immigration Rules.
You have stated that you intended to marry your claimed partner, but you have not provided any specified evidence as required by paragraph 26 of Appendix FM-SE to the Immigration Rules that you and your partner have married. You therefore fail to meet the requirement of paragraph E-LTRP.1.8 of Appendix FM of the Immigration Rules.
Consequently, you fail to meet the eligibility requirements of paragraph R-LTP.1.1.(d)(ii) because you fail to meet paragraph E-LTRP.1.7 and 1.8 of appendix FM of the immigration rules.
EX.1.

We have carefully considered whether paragraph EX.1 of Appendix FM applies to your application, and therefore whether you meet the requirements of paragraph R-LTRP.1.1(d) (ii) of Appendix FM.

You claim to have partner in the UK but it is not accepted that your relationship with your partner is genuine and subsisting for the reason detailed above. You therefore fail to meet the requirement of paragraph E-LTRP.1.7 of appendix FM of the Immigration Rules and the requirements of EX.1(b) of appendix FM so paragraph EX.1 does not apply in your case.
You state that your partner is currently pregnant, but you have not raised anything that would lead us to believe you have a child in the UK and so do not meet the requirement of paragraph EX.1 (a) of Appendix FM and therefore paragraph EX.1. does not apply in your case.
In view of the above Secretary of State is not satisfied that EX.1. applies in your case and so you do not meet the requirements of paragraph R-LTRP.1.(d)(ii) of Appendix FM.’’

[wethree]

It seems strange that they were happy for you to get married but subsequently declare that your relationship is not genuine enough?

Funny how they change their mind!!

[vinny]

They were happy with everything and issued our marriage licence.

You have stated that you intended to marry your claimed partner, but you have not provided any specified evidence as required by paragraph 26 of Appendix FM-SE to the Immigration Rules that you and your partner have married.

Did you enclose your marriage certificate and any other required documents with your application?

Evidence of Marriage or Civil Partnerships

22. A claim to have been married in the United Kingdom must be evidenced by a marriage certificate.
23. A claim to be divorced in the United Kingdom must be evidenced by a decree absolute from a civil court.
24. A civil partnership in the United Kingdom must be evidenced by a civil partnership certificate.
25. The dissolution of a civil partnership in the UK must be evidenced by a final order of civil partnership dissolution from a civil court.
26. Marriages, civil partnerships or evidence of divorce or dissolution from outside the UK must be evidenced by a reasonable equivalent to the evidence detailed in paragraphs 22 to 25, valid under the law in force in the relevant country.

[physicskate]

You were not refused because they don't believe the relationship is genuine. So stop thinking that. You were refused because, at the time of application, you did not meet the requirements for the visa. You were not an unmarried partner because you had not been living together for two years in a relationship 'akin to marriage.' You applied as a partner, and yet, in the eyes of the rules, you could not have been partners.

Parent: You were not yet a parent of a British citizen and so could not have applied under this route (also you are in a relationship with the other partner). Pregnancy is not considered to be reason enough to let you stay.

Really it was in your best interest to leave the UK and apply as a fiance - you would have been back in the UK within a few weeks!!

Before maternity leave, was your wife earning above £18,600?? If so, leave the UK and apply from your home country as a spouse. Her income before maternity leave will be counted, not income while on maternity. Your visa could be processed within a few weeks or a couple months. This really is your best option if your wife met the requirements.

If you stay and re-apply for FLR (fp) (10 year partner route), again, there is no guarantee of success as they will say you could apply for entry clearance (5 year route). Also, you will not be able to work for at least another 6 months as your application will take AGES to process.

[vinny]

Their refusal makes sense if you had applied before you got married and didn't submit evidence of at least 2 years' co habitation akin to marriage.

[wethree]

They were happy with everything and issued our marriage licence.

You have stated that you intended to marry your claimed partner, but you have not provided any specified evidence as required by paragraph 26 of Appendix FM-SE to the Immigration Rules that you and your partner have married.

Did you enclose your marriage certificate and any other required documents with your application?

- When we first made an application, we were not able to send the marriage certificate as we were not married back then but we did send them our marriage licence showing that we were getting married on 28th May as they had approved it by then.


After we got married I kept ringing Home Office and asked every time if I should be sending the Certificate and photographs. Every time I was told that the case is with case worker and they will contact you in they need anything. I know I should have send these which might have changed the outcome of the application.

[physicskate]

Even though you were married during the time your application was processed, you applied as an unmarried partner. You cannot apply for a visa and submit further documentation.

Lesson learned: apply for a visa you qualify for when you qualify for it in the future.

Please consider applying for entry clearance instead of another FLR (FP) as it might not succeed. Also it would be a (very expensive) 10 year path if you insist on applying again.

[bathanza]

Even though you were married during the time your application was processed, you applied as an unmarried partner. You cannot apply for a visa and submit further documentation.

Lesson learned: apply for a visa you qualify for when you qualify for it in the future.

Please consider applying for entry clearance instead of another FLR (FP) as it might not succeed. Also it would be a (very expensive) 10 year path if you insist on applying again.

How can the OP apply for entry clearance if he has no permission to stay and therefore illegal overstay? Therefore FLR FP 10 year partner route is the correct route.

[physicskate]

Even though you were married during the time your application was processed, you applied as an unmarried partner. You cannot apply for a visa and submit further documentation.

Lesson learned: apply for a visa you qualify for when you qualify for it in the future.

Please consider applying for entry clearance instead of another FLR (FP) as it might not succeed. Also it would be a (very expensive) 10 year path if you insist on applying again.

How can the OP apply for entry clearance if he has no permission to stay and therefore illegal overstay? Therefore FLR FP 10 year partner route is the correct route.

The OP is an overstayer. FLR (FP) is NOT just a route to stay in the UK, but has specific rules, regulations to qualify for it. It is not an easy route, by any stretch of the imagination and is not a catch-all to allow overstayers to regularise their stay.

Applying for entry clearance would require the OP to exit the UK and apply for a visa from a country where they hold legal residence. It very well might be that the OP would be rejected again if applying for FLR (fp) as an illegal overstayer in the UK as they will be unlikely to be able to prove insurmountable obstacles to continuing their family life outside the UK. UKVI could also argue that the OP should apply for entry clearance under the rules and that there is no barrier to doing so if his wife meet the requirements (so-called 'frustrating the immigration rules').

FLR (FP) cannot be applied for outside the UK. Entry clearance cannot be applied for from within the UK.

I have seen this happen for several people, even when they have school-aged children who have had to be uprooted! A baby would easily adapt to another country - at least, that is the argument the UKVI seems to be employing these days.

[wethree]

Thank you every one for your suggestions.

I am not over stayer. When I made my application for FLR FP I was still in valid visa. When my FLR FP was rejected I was given appeal right and I lodged the appeal within 14 days which was accepted so I am still legal, I believe.

My solicitor told me that if we send section 120 letter with my marriage certificate, my Son's birth certificate and his British Passport, Home Office might give the decision in my favor without having to go to court. Is there any possibility of this happening?

I was also told that I could get cancel my current application of FLR FP and reapply as a Parent of British child. Can I do this? And could I do this as same day service?

Thanks in advance

[physicskate]

My advice still stands. It seems that the only advice the OP is looking for is the advice they want to hear! Not that they should leave the UK for a couple of months max and have a 5 year route to ILR instead of a 10 year route.

http://www.mcgillandco.co.uk/Blog/2015/ ... 20-notices
http://www.immigrationboards.com/genera ... 02234.html
Section 120 - UKVI will take a dim view that all material facts were not presented at the time of application.

Parent route requires sole responsibility (so you cannot be in a relationship with the other parent). Advise you might need a better lawyer.

[ohara]

I was also told that I could get cancel my current application of FLR FP and reapply as a Parent of British child. Can I do this?

Not unless you are separated from the mother

[wethree]

My advice still stands. It seems that the only advice the OP is looking for is the advice they want to hear! Not that they should leave the UK for a couple of months max and have a 5 year route to ILR instead of a 10 year route.

http://www.mcgillandco.co.uk/Blog/2015/ ... 20-notices
http://www.immigrationboards.com/genera ... 02234.html
Section 120 - UKVI will take a dim view that all material facts were not presented at the time of application.

Parent route requires sole responsibility (so you cannot be in a relationship with the other parent). Advise you might need a better lawyer.

Thank you for valued advice. At least I am clear about the parent route!

Leaving the UK and applying from outside makes sense but to be honest, my son is just three month old and I am trying to avoid being away from him. As my wife is returning back to work from Jan 2017 I cannot ask her to come with me and take our son with us as it will put us in worst place financially and god know how long we have to stay outside

Is there any other option for us or have we hit the dead end?

Thanks

[vinny]

If you sent the marriage certificate before the refusal, then they should have taken it into consideration. It's seems that the caseworker wasn't aware of it at the time of the decision.

Provided that you don't withdraw your appeal, I think you have leave under Section 3C at present?

[Obie]

If you sent the marriage certificate before the refusal, then they should have taken it into consideration. It's seems that the caseworker wasn't aware of it at the time of the decision.

Provided that you don't withdraw your appeal, I think you have leave under Section 3C at present?

I agree with this analysis.

OP does have a right to work in accordance with his PBS migrant terms. I do not agree that section 3C is not applicable.

UkVI ought to have considered the Marriage certificate if it had reached them before a decision was made.

In any event, the best interest of the British child ought to have been considered outside the rules.

[wethree]

If you sent the marriage certificate before the refusal, then they should have taken it into consideration. It's seems that the caseworker wasn't aware of it at the time of the decision.

Provided that you don't withdraw your appeal, I think you have leave under Section 3C at present?

Hi Vinny,

We made a mistake by not sending the marriage certificate before the refusal as it might have saved us from all the hassle.

We have sent our marriage certificate and our son's birth certificate after the refusal and asked them to reconsider their decision rather than going to the court. Is there any possibilities of this happening?

On other note, my mum is ill and I really want to go and see her. If I produce the doctor report will First Tier Tribunal speed up our hearing date?

Thanks everyone for your input.

[wethree]

Hello everyone,

I lodged an appeal against home office decision in September 2016 and haven't heard anything from first tier tribunal yet.

I am planning to expedite the hearing. I have a five month old baby and wife on maternity leave. Hence we are struggling financially because I do not have work right. Is this a valid reason to expedite the hearing?

Thanks in advance.