FLRM Refusal

marks · Post by **marks** » Thu Jun 10, 2010 12:07 pm

I applied for FLRM in Novemeber 2009, did biometric in December 2009, I completed the method of entry questionaire in Feb 2010 and did just got my refusal letter today. The letter had been sent since Feb 16 2010 but to my previous solicitor which has been closed down and have to contact the Law society who gave me the contact for the representative that was holding my documents. My visa has ran out in September 2006 and met my partner in january 2007 and this was the reason why the application was refused. I am looking for help on to know what to do as my partner is a british now 7months pregnant and she can not do without me. Please can someone advise???

Wanderer · Post by **Wanderer** » Thu Jun 10, 2010 12:32 pm

marks wrote:I applied for FLRM in Novemeber 2009, did biometric in December 2009, I completed the method of entry questionaire in Feb 2010 and did just got my refusal letter today. The letter had been sent since Feb 16 2010 but to my previous solicitor which has been closed down and have to contact the Law society who gave me the contact for the representative that was holding my documents. My visa has ran out in September 2006 and met my partner in january 2007 and this was the reason why the application was refused. I am looking for help on to know what to do as my partner is a british now 7months pregnant and she can not do without me. Please can someone advise???

Fraid you'll have to apply from your home country.

marks · Post by **marks** » Thu Jun 10, 2010 2:52 pm

Thanks Wanderer.

I have just been speaking to my Solicitor now and he said we can call for fair hearing or Judicial Review. Does anyone knows how to call for Judicial Review?

Wanderer · Post by **Wanderer** » Thu Jun 10, 2010 3:23 pm

marks wrote:Thanks Wanderer.

I have just been speaking to my Solicitor now and he said we can call for fair hearing or Judicial Review. Does anyone knows how to call for Judicial Review?

I don't think you've got a chance really, not married and out of status a long time, all this hearing and JR stuff will take ages, years and you will not be allowed to work.

Why not do it properly from your home country? which is BTW?

ElenaW · Post by **ElenaW** » Thu Jun 10, 2010 3:47 pm

marks wrote:Thanks Wanderer.

I have just been speaking to my Solicitor now and he said we can call for fair hearing or Judicial Review. Does anyone knows how to call for Judicial Review?

Your solicitor, who is probably charging you a fortune should be the one to explain to you how JR works.

I agree with Wanderer, it would be much better in the long run if the application was made from your home country.

katkouta · Post by **katkouta** » Thu Jun 10, 2010 9:51 pm

i am in the same situation as you. Go for a JR. You have a baby on the way and your partner needs you. you don't know how long it will take to get an entry clearance from your home country , you might be separated from your partner and baby for a long time.
In my opinion follow your solicitor and be patient.
Good luck!

marks · Post by **marks** » Thu Jun 10, 2010 10:45 pm

Thanks katkouta,

I am in the process of that. I cant leave her at this crucial time less than 8 weeks to due. Its not easy the way the other guys are talking. Have you call for JR yourself and what stage are you now? Thanks

katkouta · Post by **katkouta** » Fri Jun 11, 2010 5:01 pm

My solicitor just posted JR yesterday for me, I will keep you informed of anything happening from my side.

marks · Post by **marks** » Wed Mar 30, 2011 10:42 am

Hi, Just to let you know that I have been granted a 3yr leave to remain and has been endorsed and got it on Monday. This is so wonderful as I was already losing hope. I made a contact with my local MP on 23rd of January 2011 and my passport was endorsed on 18th March 2011. My local MP contacted HO and got an 'apology' letter for taking so long to get back to me and requested for all evidences again from 2007 to feb 2011 which I arranged and sent to them and delivered on the 14/03 and my Visa was endorsed on the 18/03. The MP intervention has made a great impact in this case and I am happy with this. MP does help.......How have you gone about your case Katkouta

ali4756 · Post by **ali4756** » Wed May 11, 2011 12:16 pm

hi every one . i have this situation and would like to know more what will happen next if anyone knows or been through this situation ?

i sent my FLRM application to the home office on 7th of January 2011 and they received it on 10th Jan. my visa was expiring on the 10th Jan also. on the 15th march 2011 i was sent all my documents back to my address stating that my application was invalid due to the payment is declined and please make another application.

i then sent another application on 19th of march 2011. i had my bio matric taken on 25 of march and then on 12 of april i was sent my refusal with all my wife's documents and passport only back to my address. they kept my passport and my ID card and ask me to call the number and arrange my departures back to my country within 14 days of this letter and i have no legitimate reason to stay in UK any more.

the reason of my refusal was that my application was sent on 19th of march and my visa was expired on 10 of january 2011. i was already an over stayer by the time i made my application. so i need to take my wife and re adjust back to my home country and apply from there if i want to.

we were very upset by that response because it isnt easy for me and my wife to go back to my native country and come back here as this can bring a huge financial break down on us and we both loose our jobs in UK.

i asked many people and friends for their suggestions on this, the only thing i could come up with is to go for a judicial review on this case. i went to a solicitor and explain my case and she wrote very effective letter to the home office's judicial review unit croydon. my solicitor believes that the case is simple and i have more chances to get my visa from here because the first application i made should be accepted as i had more than enough money to pay for the home office fees 500 pounds. the bank statements of last three months were also sent to home office, my solicitor wrote that if me or my client havent received any response within 14 days so im going to suggest my client to go for the legal judicial review proceedings.

i would like to know from anyone if anyone of you or your friends or people you know been through with the similar situation ? how long this judicial review takes , how much chances i have to get my visa through this process ? and will i get the response within 14 days ?

thanks for reading

Ali

Post by **batleykhan** » Wed May 11, 2011 12:39 pm

Sorry to say but I dont think you can appeal or ask for a judicial on this refusal.

You can do one of two things:

1 Approach your MP and ask for his help and assistance in taking the issue up with the appropriate department in the Home Office in the hope he can overturn the removal order. You may stand a good chance on this if you have kids..... no kids then its very difficult

2. Go back home and reapply again for a spouse visa.

My pref would be the second one.

Post by **vinny** » Wed May 11, 2011 12:46 pm

ali4756 wrote:on the 15th march 2011 i was sent all my documents back to my address stating that my application was invalid due to the payment is declined and please make another application.

Why was the initial payment declined?

It seems unreasonable for the UKBA to suggest that she make another application and then to subsequently refuse it, solely because she was an overstayer.

(click on link for more info)

Post by **batleykhan** » Wed May 11, 2011 5:31 pm

vinny wrote:
ali4756 wrote:on the 15th march 2011 i was sent all my documents back to my address stating that my application was invalid due to the payment is declined and please make another application.

Why was the initial payment declined?

It seems unreasonable for the UKBA to suggest that she make another application and then to subsequently refuse it, solely because she was an overstayer.

(click on link for more info)

Probably didn't spot it first time. Typical HO officials

marks · Post by **marks** » Wed May 11, 2011 7:54 pm

@ali4756,
To me, I think you have got a case, the fact that your application was returned due to payment and if you can prove to them that the fund was available at that time surely you have got a case. With my own case, my decision was sent to my old solicitor 2 months after i have notify them that of my new solicitor and that my old one was no longer in business yet they sent it to them and thank God that I was able to get my documents back from the Law Society.

The main idea I will give you is to get in tourch with your local MP who contacted them on my behalf and explained the whole situation to them and I was asked to submit all original documents again from 2007 that I have been with my patner to feb 2011 though my application was made in Nov 2010 and refusal on feb 2010. My solicitor only sent them a letter of reconsideration and they replied that they will look into it but didnt heard anything from them since June 2010 untill I involve my Local MP on feb 1st 2011 and my passport was endorsed middle of March 2011. I will also advised you to wait until they reply your solicitor before starting JR.

marks · Post by **marks** » Wed May 11, 2011 7:55 pm

....sorry my original application was made in Nov 2009 and not nov 2010

ali4756 · Post by **ali4756** » Wed May 11, 2011 8:35 pm

hay mark .. thanks a lot for your detail reply, just to let you know that my solicitor sent them a letter with a proof of my bank statements clearly showing that i had enough amount for those 2 months until they sent my documents back to me, my solicitor charged me Â£400 for only sending them this letter. but the letter is worth every penny, that letter contains 6 pages and all the pages are full of Human rights Article, Immigration Act 1976/ 1989 and much more, on that letter my solicitor said that my first application was overlooked and need reconsideration. it also says on the last paragraph that if we (me or my solicitor) didnt get any response within 14 days so we will go for judicial review against secretary of state and the person who refused my application.

im still waiting as those 14 days are going to be over on 21st of this month. now i dont know if they will reply me or my solicitor and if they dont offcourse i will have to go for judicial review as per my solicitor suggested. the only thing is that court and solicitor fees is around Â£2500 and i have lost my job due to this visa issue , i cant afford but will some how can arrange this money but the question is how much chances i have to get successful after spending all the money ?

also marks how did you get hold of your local MP ?

thanks

marks · Post by **marks** » Wed May 11, 2011 9:10 pm

I think that the money is too much to risk. It only cost me Â£300 for all the processes and I dont have to pay anything until I got my visa and my lawyer was too kind and accept it in installments ...lol. I only looked up online for my MP's contact and I emailed my queries to her office and got a reply from her rep within two days. I will suggest you do same or get their phone numbers and call them.

Also be very careful about these so called solicitors, your MP will do a lot and will not cost you any penny as HO have a dedicated MP line which makes it faster.

Hope this helps......

ali4756 · Post by **ali4756** » Wed May 11, 2011 10:12 pm

thanks mark .. i will do the same, but i need to let my solicitor know first so she has an idea,

did you just asked your MP through email or phone and they sent you a letter for HO or they did it by themselves ?

cheers

ali

Post by **vinny** » Wed May 11, 2011 10:14 pm

ali4756 wrote:hay mark .. thanks a lot for your detail reply, just to let you know that my solicitor sent them a letter with a proof of my bank statements clearly showing that i had enough amount for those 2 months until they sent my documents back to me, my solicitor charged me Â£400 for only sending them this letter. but the letter is worth every penny, that letter contains 6 pages and all the pages are full of Human rights Article, Immigration Act 1976/ 1989 and much more, on that letter my solicitor said that my first application was overlooked and need reconsideration. it also says on the last paragraph that if we (me or my solicitor) didnt get any response within 14 days so we will go for judicial review against secretary of state and the person who refused my application.

Did your solicitor cite Forrester, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2307 (Admin) (05 September 2008)?

ali4756 · Post by **ali4756** » Thu May 12, 2011 11:44 pm

got an update, my solicitor received an acknowledgement letter from Home Office Judicial Review Unit, stating that my case has been forwarded to the caseworker and we will hear from them shortly..

keeping my finger cross now, need pray and best wishes.

elv15 · Post by **elv15** » Sat May 14, 2011 11:59 am

Goodluck Ali, i really hope the case worker grants you the visa.

ali4756 · Post by **ali4756** » Wed May 18, 2011 7:11 pm

home office sent me a letter asking me my last 3 months original bank statements with bank covering letter from bank manager. managed to get all the documents set up to send them on coming monday.

still need pray and luck

ali4756 · Post by **ali4756** » Wed May 18, 2011 7:13 pm

thnx elv15

elv15 · Post by **elv15** » Sun May 22, 2011 9:08 pm

When ukba requests further documents i think its a good sign imao so fingers crossed.

ali4756 · Post by **ali4756** » Mon May 23, 2011 2:39 am

yeah, it could be good sign, i sent my solicitor more than what home office asked me to send, keeping my finger crossed and praying for getting a positive response .. inshallah .. thanks for being positive elv15

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