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Discussion Starter · #1 ·
Hello,

I am a US citizen married to a UK citizen who applied for a FLR(M) visa in January in the UK while I was already on a Tier 4 education visa. My visa was refused due to a misunderstanding in the financial requirement rules, and since then I have launched an appeal. Shortly after we have had a change in circumstances and my husband now meets the income requirement. Our hearing date is in November, and my husband will have been at this new job for the required 6 months in September.

If we carry on with the appeal is there a reasonable chance that the judge would take into consideration that we have been meeting the income requirement for over 6 months? I was under the impression that they will only review the information made at the time of the initial application. Although, that seems a bit nonsensical as people are obviously going to go through personal changes during the long waiting time of the appeals process.

I am thinking that it might be best to withdraw the appeal and submit a fresh FLR(M) application now that we know we meet all of the requirements. I'm assuming that if I withdraw the appeal that I would not be allowed to reapply from within the UK, right? Going back to the US and making a new application is feasible, I just wanted to double check before I leave my job here and head for the States.

Thanks in advance!
 

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It sounds as though you failed to meet the financial requirements due to a 'misunderstanding' of the rules. As you say, your husband, NOW, meets the financial requirements.

If this is the case, and you, indeed, did not meet the financial requirements then the decision to refuse you the visa was correct. An appeal judge is very likely to find this the case too.

If you now meet the financials I would re-apply.
 

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Discussion Starter · #4 ·
I just want to clarify that the misunderstanding was on mine and my husband's behalf, not the ECO. We thought we met the income requirement when we actually didn't, and ended up falling about 500 GBP short. I just wasn't sure if the judge would consider our change in income since our initial refusal.
 

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Discussion Starter · #6 ·
Okay, thank you both! This is what I initially thought. Am I right in assuming that I will not be able to launch a fresh application from inside the UK once I withdraw the appeal? I read that you can make a new application while you have an appeal pending, but I wasn't sure how this is possible given that my passport and BRP were retained during the initial refusal and held by immigration for the appeal.
 

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Okay, thank you both! This is what I initially thought. Am I right in assuming that I will not be able to launch a fresh application from inside the UK once I withdraw the appeal? I read that you can make a new application while you have an appeal pending, but I wasn't sure how this is possible given that my passport and BRP were retained during the initial refusal and held by immigration for the appeal.
Not absolutely sure as to the re-apply procedure. Joppa will be able to inform you.

Hopefully he'll come along soon.

Has your Tier 4 visa expired? if so when?
 

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Appeals for visas applied for after 1 December 2016 must be launched from outside of the UK. So, since you applied in January, you should have lodged your appeal from the US. You can reapply at any time and if successful you withdraw your appeal.
 

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The Tier 4 expired shortly after the refusal, but has been extended through the appeal until January 2018 (this is how I am able to continue working). I'm assuming though that once I withdraw the appeal the extension will not apply anymore, although I'm not really sure.

When I received my refusal letter it stated that I had the right to an in country appeal. This is because I was switching from an active Tier 4. I have gone through multiple employer verification checks (done through the government) the most recent being a week ago, and they have all come back that I am legally in the country and able to work through January 2018.

Nyclon, do you know how I would launch a new application with my passport and BRP being held by immigration until the hearing date? Will the application department request my passport from whatever department is holding it?
 
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