FLR(M) refused with no appeal due to Overstay

danjdaz · Post by **danjdaz** » Tue Oct 20, 2009 4:23 pm

Hi All

My wife has been refused her FLR(M) Without appeal due to a claimed overstay on her Fiance visa. She came here last in March 2008 on a fiance visa without any problem and we got married in April 2008. The fiance visa ran out on 25th September 2008, but our FLR(M) application was submitted and paid for by 13th September 2008. However our application was returned due to a new application form that was released. We resubmitted the new form which was recieved in November 2008. This was also returned due to the photos not complying to their regulations. We submitted again and this time the application was accepted in Jan 2009. At no time was we refunded any money or had to pay again.

However we had the visa refused in June after a long wait and after contacting our MP. She has been told she has no right to stay in the UK. There was also no right of appeal on the refusal. The refusal was purely based on overstaying but we do not feel that she should have been classed as overstaying.

I promptly wrote to the immigration case worker and also got in touch with the IAS who have written to the Home office on our behalf, but it has been over 3 months without a single reply or response. Our MP was willing to help us take it to a Judicial Review but we felt is was best to stay with the IAS for the time being as we qualify for free legal aid, but it's getting increasingly frustrating as the UKBA are yet to respond even to the IAS.

My Wife is 30 weeks pregnant and will be giving birth in December else we would have considered going back to Korea to reapply, but felt it was too much risk and our finances are too tight at the time being.

Has anyone else been through a situation like ours and can offer any advice? We feel UKBA has treated us unfairly in its decision and that we are being kept waiting like this without a single response. If we had known what we know now we would have submitted our application last year well in advance of september and with the help of the IAS.

Darren

Post by **vinny** » Sat Oct 24, 2009 11:56 am

See also FLR(M) rejection because of overstay.

Was the initial application was subject to 7. Transitional Arrangements?

danjdaz · Post by **danjdaz** » Sun Oct 25, 2009 1:08 am

I'm not sure if we missed the deadline for Transitional arrangements. At the time I printed the application form from the UKBA web page and then we filled it in. There may have been a delay while we made sure everything was right for the application, but no more than a couple of weeks.

However the UKBA was still able to accept the part of the initial application where taking money from me was concerned! The cynical part of me believes that all they are interested in is making as much money out of me as possible!

danjdaz · Post by **danjdaz** » Sun Oct 25, 2009 1:16 am

Anyway I'm going to call the Immigration Advisory Service again next week. This wait is not acceptable to me, I believe the UKBA purposely slows things down unbearably in the hope that people just give up and start again.

danjdaz · Post by **danjdaz** » Thu Oct 29, 2009 10:30 am

My caseworker at the IAS said that the delay is due to their comprehensive backlog, and doesn't believe the delay is intentional.

danjdaz · Post by **danjdaz** » Thu Dec 03, 2009 11:30 am

Finally Some Great News!

The IAS has just told me that the border agency they have reconsidered their decision and granted the FLR. My wife will get her identity card very soon.

Does anyone know how long before we can apply for ILR? will we have to wait two more years or do they consider the time from when the fiance visa ran out in September 2008?

james120 · Post by **james120** » Thu Dec 03, 2009 11:54 am

Congratulations on your success!

I think the two year period will be from the date of the FLR printed in the passport.

Post by **vinny** » Fri Dec 04, 2009 11:21 am

DL also possible.

stmellon · Post by **stmellon** » Sat Dec 05, 2009 10:53 am

Well done, danjdaz

tausif · Post by **tausif** » Thu Dec 17, 2009 1:03 pm

Hi,
My visa has been refused with No right of appeal.
Can you suggest me what step i have to follow.
I realy need help urgently.

mrlookforward · Post by **mrlookforward** » Wed Dec 23, 2009 3:13 am

tausif wrote:Hi,
My visa has been refused with No right of appeal.
Can you suggest me what step i have to follow.
I realy need help urgently.

No one has a magic pill and no one can help you until you explain why your visa has been refused and all your circumstances.

ElenaW · Post by **ElenaW** » Wed Dec 23, 2009 12:04 pm

tausif wrote:Hi,
My visa has been refused with No right of appeal.
Can you suggest me what step i have to follow.
I realy need help urgently.

You should start a new thread and give the reasons for the rejection and some background. Then people can try to help you.

tausif · Post by **tausif** » Tue Jan 05, 2010 12:32 am

My visa was running out on 29th Oct. 2009 and I sent my application on 26th Oct. 2009. The home office returned my application on 11th of Nov, 2009 due to payment rejection with reason that there my bank has rejected the payment due to insuffeciant fund in my account or the direct debit detail I sent was wrong. Although I checked all the detail which I have sent to home office and that was correct and I also check the balance in my account and there was more money than the requiered money availible in my account.
Also my bank confirmed to me that there was no attampt made by home office for any payment.
So I sent my application again again on 13th Nov. 2009 with covering letter and explained every thing to home office.
After a month they returned my documents with rejection letter with No Right of appeal. They mention in the rejection letter that at the time of making my application for Tier 1 General i was overstayed, thats why I have No Right of Appeal and they suggested me to leave this country and apply from my home country.
Although I sent a letter to them and pointed out all the reason that I have made an application for Tier 1 general on time but its home office mistake that they did'nt attampted for the payment and returned my application with out any payemnt attampt.
The home office reply me about that letter and they did'nt accept their mistake and told me to apply for FLR or either leave the country and apply from my home country.
I dont get any logic that in the rejection letter they gave me only one option to apply from my home country but in 2nd letter they gave me two option either to apply for FLR or to leave this country and apply from my home country.
So can any one suggest me about this.
Your kind help will be realy appreciated.

Thanks.

mochyn · Post by **mochyn** » Tue Jan 05, 2010 1:09 am

you made a big mistake by applying so late.
You posted your application 3 days before the end of your visa expiration date, did you not read the guidelines of when to apply?

Post by **vinny** » Tue Jan 05, 2010 2:34 am

Late applications are possible for PBS applicants, but not recommended. So, what were the reasons for the refusal?

boulevardofbrokendreams wrote:
tausif wrote:Hi,
My visa has been refused with No right of appeal.
Can you suggest me what step i have to follow.
I realy need help urgently.
You should start a new thread and give the reasons for the rejection and some background. Then people can try to help you.

Agree.

Latilabox · Post by **Latilabox** » Sat Apr 23, 2011 2:06 pm

What happened to danjdaz almost similiar to what is happening to me although i havent got the decision from Home Office yet. It scares me a lot.

Is it a common rejection saying an overstaying by Home office to those who applied by post?

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