Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 15 of 15 Posts

·
Registered
Joined
·
36 Posts
Discussion Starter · #1 ·
Good day all,

So yesterday my solicitor sent me a letter from home office stating that flr(M) Extension for i and my dependant son was refused based on the fact that sponsor IS NOT IN THE UK. We meet all other requirements apart from the fact my husbands job is not in the uk.

When we applied my sponsor had a job in egypt and we understand the grounds for refusal, but while our application was with the home office my sponsor got a new contract with Siemens Uk company stating he works in the uk and he gets paid in pounds, also pays tax and insurance. He has currently been at this job for 4months now and has payslips to prove it alongside contract.

We have been given 14 days to appeal and also if we have legitimate reasons on why we should be allowed to stay in the Uk we can apply.

my questions are as follows:

1. Do i appeal and withdraw my appeal and file another application( note my visa expired 20th May) or just file another application within this 10days i have left. I want to know if the solicitor just wants money for the appeal.

2. Can i use the same NHS surcharge for the new application or we have to pay for another one?

3. Can we apply under CAT B, which says:
5.3.1. This category can be used where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under Category A.

Please note under the financial requirement we surpass the 22,000pounds .

4. Do we still include the contract from his job in Egypt and payslips too alongside current job?

Please help me, replys would be truly appreciated.

Thank You.
 

·
Registered
Joined
·
36 Posts
Discussion Starter · #2 ·
good day all,

so yesterday my solicitor sent me a letter from home office stating that flr(m) extension for i and my dependant son was refused based on the fact that sponsor is not in the uk. We meet all other requirements apart from the fact my husbands job is not in the uk.

When we applied my sponsor had a job in egypt and we understand the grounds for refusal, but while our application was with the home office my sponsor got a new contract with siemens uk company stating he works in the uk and he gets paid in pounds, also pays tax and insurance. He has currently been at this job for 4months now and has payslips to prove it alongside contract.

We have been given 14 days to appeal and also if we have legitimate reasons on why we should be allowed to stay in the uk we can apply.

My questions are as follows:

1. Do i appeal and withdraw my appeal and file another application( note my visa expired 20th may) or just file another application within this 10days i have left. I want to know if the solicitor just wants money for the appeal.

2. Can i use the same nhs surcharge for the new application or we have to pay for another one?

3. Can we apply under cat b, which says:
5.3.1. This category can be used where the applicant’s partner (and/or the applicant if they are in the uk with permission to work) is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under category a.

Please note under the financial requirement we surpass the 22,000pounds .

4. Do we still include the contract from his job in egypt and payslips too alongside current job?

Please help me, replys would be truly appreciated.

Thank you.

please moderators, i need urgent help:(:(
 

·
Registered
Joined
·
39,105 Posts
Don't expect instant replies. We give our service free and in our spare time.
 

·
Registered
Joined
·
36 Posts
Discussion Starter · #4 ·
Don't expect instant replies. We give our service free and in our spare time.
I understand Mr Joppa. This service helped me get my Initial leave to remain and i appreciate it. i duly appreciate your service. i will be patient for reply.
 

·
Registered
Joined
·
21 Posts
I think all the incomes have to be from within the UK, so unfortunately the ones in Egypt don't count . And your sponsor is with this current company for less then 6 months which wouldn't qualify the need of the financial requirements either.
 

·
Registered
Joined
·
7,374 Posts
You posed the question of whether your sponsor working overseas for the whole of your initial visa and then using his income for the FLR(M) would cause issues, and were told that it probably would.(Nov'16) It was suggested that your sponsor returned to the UK and obtained a job in the UK to qualify for your FLR(M). Your visa is based on your sponsor working and living in the UK with you.

I would say that you have been rightly refused and, in my personal opinion, that an appeal would not be successful.

If you wish to use CAT B then apart from presenting evidence from his current Siemens job to show that he earns the necessary amount, you would need to show that he had earned the relevant financial level in the past 12 months from his job in Egypt.

Not sure whether you have to pay for another NHS surcharge - you certainly have to pay for visa fees again.

As your visa expired in May 2017 I believe you will have to re-apply from your home country. Maybe someone else can confirm this or not.
 

·
Registered
Joined
·
36 Posts
Discussion Starter · #7 ·
In the refusal letter, it state we met the Financial requirement (baring in mind we submitted his bank statements and payslips for work in Egypt) so they considered his income from overseas maybe because he was paid to his Uk bank account .But because the job was in egypt and his contract showed his man hours we were refused solely on eligibility relationship requirement which says my partner is not in the UK, every other requirement was met. The current Job he has is 4months and we might be able to go for CAT B. My visa expired 20th May, and i don't know if appealing and adding the new contract and statements would help or applying for again? Im so confused as i have 9 days from tomorrow.
 

·
Registered
Joined
·
36 Posts
Discussion Starter · #8 ·
You posed the question of whether your sponsor working overseas for the whole of your initial visa and then using his income for the FLR(M) would cause issues, and were told that it probably would.(Nov'16) It was suggested that your sponsor returned to the UK and obtained a job in the UK to qualify for your FLR(M). Your visa is based on your sponsor working and living in the UK with you.

I would say that you have been rightly refused and, in my personal opinion, that an appeal would not be successful.

If you wish to use CAT B then apart from presenting evidence from his current Siemens job to show that he earns the necessary amount, you would need to show that he had earned the relevant financial level in the past 12 months from his job in Egypt.

Not sure whether you have to pay for another NHS surcharge - you certainly have to pay for visa fees again.

As your visa expired in May 2017 I believe you will have to re-apply from your home country. Maybe someone else can confirm this or not.

Thank you Crawford, i do remember the advice you gave, but at that time it was short notice and his job wouldn't have even been a month old had he started work here. Now we submitted the current job contract after the application had been sent in, but home office made no reference to it.

Now i don't know about appealing but my refusal letter also states that if i have legitimate reasons to remain in the Uk you need to make an application to stay. If you do not tell us as soon as you can of any reasons why you should be allowed to stay and you apply later you may lose any right of appeal against a refusal of that application. This 14 days given do i use it to either make a new application or an appeal?
 

·
Registered
Joined
·
7,374 Posts
Thank you Crawford, i do remember the advice you gave, but at that time it was short notice and his job wouldn't have even been a month old had he started work here. Now we submitted the current job contract after the application had been sent in, but home office made no reference to it.

Now i don't know about appealing but my refusal letter also states that if i have legitimate reasons to remain in the Uk you need to make an application to stay. If you do not tell us as soon as you can of any reasons why you should be allowed to stay and you apply later you may lose any right of appeal against a refusal of that application. This 14 days given do i use it to either make a new application or an appeal?
Does your refusal letter actually state that you can appeal at this moment?

You state it gives you 14 days to gives reasons as to why you should not leave the country. That is not an appeal.

Your visa ran out in May 2017.
 

·
Registered
Joined
·
36 Posts
Discussion Starter · #10 ·
Hello Crawford, on the refusal letter where it says NEXT STEPS after reasons of refusal was stated. I have the right of appeal within 14days from the day decision was made 5th Oct, afterwards they mention immigration health surcharge refund if I don?t appeal within 14days or if I appeal and it was unsuccessful. The refusal letter then further states ?if you think there are other reasons why we should allow you stay? if you think you have legitimate reason to remain you need to make an application to stay, if you do not tell us as soon as you can on any reasons why you should be allowed to stay and you apply later you may lose any right of appeal against a refusal of that application.

It goes further to explain removal from Uk and consequences of illegally staying in the Uk.
 

·
Registered
Joined
·
7,374 Posts
Personally, I think any appeal you make will be weak since your sponsor and you were not living together in the UK under the terms of your initial visa.

Your sponsor's employment docs sent in after the FLR(M) application will not count if they were not readily available at the time of application.

You should way up the advantages/disadvantages and costs of going through an appeal and making a new application.

(I do not think you can make a new application from within the UK)
 

·
Registered
Joined
·
77 Posts
my friend got a case that being refused due to lack of co-habitation evidence.

they did stay together in UK thru out the 2.5 yrs of 1st spouse visa, they just have problem to show letters/evidence due to they didnt register with NHS GP - always went private; utilities bills, broadband etc all paid by landlord under landlord's name etc... they appealed and won, granted visa, with letters from landlord, their boss (both work under same employer) and some other proves.

so like crawford says, any appeal you make will be weak since your sponsor and you were not living together in the UK
 

·
Registered
Joined
·
36 Posts
Discussion Starter · #13 ·
We submitted prove of us living together, tenancy agreement from our 2 houses we?ve lived in the past 2.5years here, utility bills, voters card and all. Please bare in mind my husband only worked in egpyt for 10mnths and he was always coming home every two months. We submitted his new contract a week after d application was sent. The reason for refusal was that his job was not in Uk even after we had sent the new contract because our circumstances changed while the application was in, and it took them 6months to make a decision.
 

·
Super Moderator
Joined
·
5,185 Posts
We submitted prove of us living together, tenancy agreement from our 2 houses we?ve lived in the past 2.5years here, utility bills, voters card and all. Please bare in mind my husband only worked in egpyt for 10mnths and he was always coming home every two months. We submitted his new contract a week after d application was sent. The reason for refusal was that his job was not in Uk even after we had sent the new contract because our circumstances changed while the application was in, and it took them 6months to make a decision.
You cannot submit more/new evidence once the application has been lodged, unless specifically requested by the Home Office, therefore your husband's new contract was correctly ignored.
 
1 - 15 of 15 Posts
Status
Not open for further replies.
Top