Thank you for your response.
Where can I can find such documents to show that we qualify under the old rule? I will need this as a proof, as it may not be common knowledge for every case officer. I believe if it was clear from the beginning the case worker would not have asked us to fill FLR FP, after we had already made a mistake with FLR O - it could be that the case worker thought we qualify under the 10 year route, hence the FLR (FP) .
When I apply again using FLR (M) I will need to indicate to the case worker that the application falls under the category of old rule - any immigration document to support this? Otherwise, they are not going to believe us without any proof.
Another issue- We have been given the right to appeal...but as you said there is no point. Can the refusal be postponed or temporary stopped until we apply using the correct form FLR M and what if the deadline for appeal passed without us making an appeal, as we will make application re-submission - what would happen to the refusal/appeal? The refusal will continue to stand? and what will be the consequences for not appealing?
I am planning to lodge new fresh application using the FLR (M) immediately. Will I need to write a cover letter to explain the situation? what are your recommendations?
Another issue - Is it possible that the old rule might not apply to us because we are submitting FLR (M) when the Visa has already expired, and /28 days has passed?
Hi, Thanks your for your response.
I need some help to understand the paragraph below. I have read the immigration rules and I do not know how the caseworker has interpreted and applied the following paragraphs.
They have refusal is based on: appendix FM, Part 9, Paragraph 322. In addition to the grounds for refusal of extension of stay set out in Parts 2-8 of these rules. Does this mean the applicant is also refused according to immigration rules from Part 2, 3,4,5,6,7,8 ? I understand some of these part are not applicable
Does this mean we are also refused because we didn't meet the requirement of Part 2 - 8?
Please see immigration rules of Part 2-8 here - https://www.gov.uk/government/collections/immigration-rules
Part 2 - seeking to remain as visitor (not applicable)
Part 3 - seeking to remain for studies (not applicable)
Part 4 - seeking to remain for placement (not applicable)
Part 5 - seeking to remain for employment (not applicable)
Part 6 - seeking to remain for business/self employment, investor etc (not applicable)
Part 7 - other (access to child, retired person,long residence, private life, HM Forces EEA Nationals and their families) .(not applicable)
Part 8 - seeking to remain as family member - I believe we meet the all the requirements of part 8.
I don't understand - how she can generalise the refusal without point to a specific paragraph of refusal or a reason. Is the caseworker allowed to user Part 9 of general refusal, paragraph 322 without first to systemically consider previous parts such part 8?
Even though we have used the wrong form, I feel that the paragraph below is incorrectly applied - what does it indicate?
Section R-LTRP of Appendix FM provides as follows:1.1(b) "the applicant must have made a valid application for limited....leave to remain as a partner...."In your wife's case, a valid application was not made as the incorrect form was used FLR(O) and the reason given for the extension was for her to pass the Life in the UK test.I am afraid you are now relying on the discretion of the Home Office when submitting the out of time FLR(M) application and with respect, you are focusing too much on the technical rules when the Home Office is being asked to accept the FLR(M) application outside the rules.Hope this helps. This is only a Q&A site and if you require specialist further assistance, you may wish to appoint a solicitor.Hope this clarifies.
Hi, thank you for getting back.
I fully understand this is only Q&A site and it cannot be taken as a substitute for a solicitor consultation. I am trying to cover all the basis and to be clear, as I have already spoke to many solicitors - 90% have suggested to submit the form again (their fee to check the form is between £350-£800) 10% have advised to appeall (their fees is £1000 - £2500). The issue which it has arised here, as you have noticed yourself we have missed the 28 days window due to document request process, which it was based on wrongly advise. Here now we assume they might exercise discretion - it is 50/50. If they do not exercise the discretion and she didn't appeal she will face removal because she didn't appeal. Now, we have seen that the refusal is deemed to be correct given the incorrect form that was submitted - I am not a lawyer but I believe we can provide argument about how the application was handled due wrong advise, as we have complied immediately to their request not knowing it was wrong form, second the case worker as a trained immigration professional should have realise this and not make an assumption or decision on our behalf as she was under impression we fall under the 10 year route.
I wanted to understand a bit more about the technical area to be able to provide comprehensive argument to cover all the basis - The appeal is one stop warning to provide any other grounds. We have decided to submit the form and also to appeal, as appeal is the only thing that will legally allow her to stay in the country now that her visa has expired NOT to rely whether the caseworker might exercise discretion; if she does not it will be even more complex matter and they treat the case as an over stay.
I hope know you understand my reason to get technical.
I hope this will be my last question - is there a law, policies or procedures that you or anyone else is aware, that if you submit wrong form you will face a removal from the country?