Home Office changes my Nationality route. FLR(M) Spouse visa extension problem . HELP
Oct 4th 2017, 5:50 pm
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Home Office changes my Nationality route. FLR(M) Spouse visa extension problem . HELP
Hi everyone ,
I am really in need of help :cry: :cry: . I will be very thankful if someone can guide or tell me their experience /advice in this case
So here is about my case.
1)Got my spouse visa and first entered Uk : JUNE 2013
2)Was absent because of studies for few months from Uk and applied for an extension of my SPOUSE VISA FLR(M) 5 YEAR ROUTE in : FEBRUARY 2016 (provided all documents)
3)After 2 months Home Office sent us a letter to provide additional pay slips and statements for my husband and for october,november and december which We had already provided with initial application but we sent additional again & altogether previous 6 months record was sent including a letter from his work place.
4)Visa got refused: APRIL 2016
(TO MY SHOCK THE REASON GIVEN WAS THAT MY PARTNER DOESNT MEET THE FINANCIAL REQUIREMENT WHICH HE MEETS very well)
5)Appeal heard : MAY2017
6)Appeal allowed: JUNE 2017
So to begin with...
I had sent all the relevant documents at first place with my initial application and later provided more when asked by home office. Still to my shock my visa got refused with the right to appeal. I strongly beleived that an error was made so i decided to appeal in April 2016 and this whole journey has been so painful in itself considering the fact that we made no mistake here and clearly it was just a matter of documents been over looked by home office. After waiting for 1.5 years already i had my appeal successful finally.
The judge clearly in his decision letter states that it has been very unfiar with us and acknowledged that not only my normal family life but my career has also been put at stake as i am a medical professional and i could not continue to give my exam here because of no valid visa from February2016-SEPTEMBER 2017
I have serious depression symptoms now cx of all the sufferings and wait for no mistake.
Now after waiting that long i thought this pain has come to an end . I recieved my BRP and the Passport this month with a letter saying :
”""your appeal has been allowed by the first tier tribunal under paragraph Gen 3.2 of appendix FM. As there are exceptional circumstances in you case which would render refusal a breach of Article 8, for a period of 30 months.You can apply to renew this leave and you may become eligible to apply for ILR (settlement) after 120 months if you qualify.""
clearly they have put me on 10 year route rather than 5 year route even though the judge clearly and categorically said in his letter that we meet all requirements including financial and also that we always met these requirements even at the time of the extension application.
My questions and my concerns/worries below:
1) I don’t know whether my extension period counting starts from the date my visa had expired(it should be count from FEBRUARY 2016 when i appplied as i have already spent 2 years waiting for my visa in Uk) it doesn’t show on the BRP.
The only thing written is
Place and date of issue: 20.09.2017
Valid until : 20.03.2020
Where does the count starts?
2) Why have they put me on 10 year route when I was always eligible for 5 year route?
3) after so much delay, pain, stress, cost and time am I in a position to go into a legal battle with Home Office to not only get this decision overturned but also get them to pay any damages or expenses for that legal case? Or does anyone here thinks that Home Office may reconsider their decision without the need for me to challenge them in the court?
I am extremely frustrated with my application and do not want to re-apply again because my stay period will be reset for another 5 years and if I dont apply I will be on a 10 year route. Any help and advice is much appreciated please.!
I am really in need of help :cry: :cry: . I will be very thankful if someone can guide or tell me their experience /advice in this case
So here is about my case.
1)Got my spouse visa and first entered Uk : JUNE 2013
2)Was absent because of studies for few months from Uk and applied for an extension of my SPOUSE VISA FLR(M) 5 YEAR ROUTE in : FEBRUARY 2016 (provided all documents)
3)After 2 months Home Office sent us a letter to provide additional pay slips and statements for my husband and for october,november and december which We had already provided with initial application but we sent additional again & altogether previous 6 months record was sent including a letter from his work place.
4)Visa got refused: APRIL 2016
(TO MY SHOCK THE REASON GIVEN WAS THAT MY PARTNER DOESNT MEET THE FINANCIAL REQUIREMENT WHICH HE MEETS very well)5)Appeal heard : MAY2017
6)Appeal allowed: JUNE 2017
So to begin with...
I had sent all the relevant documents at first place with my initial application and later provided more when asked by home office. Still to my shock my visa got refused with the right to appeal. I strongly beleived that an error was made so i decided to appeal in April 2016 and this whole journey has been so painful in itself considering the fact that we made no mistake here and clearly it was just a matter of documents been over looked by home office. After waiting for 1.5 years already i had my appeal successful finally.
The judge clearly in his decision letter states that it has been very unfiar with us and acknowledged that not only my normal family life but my career has also been put at stake as i am a medical professional and i could not continue to give my exam here because of no valid visa from February2016-SEPTEMBER 2017
I have serious depression symptoms now cx of all the sufferings and wait for no mistake.
Now after waiting that long i thought this pain has come to an end . I recieved my BRP and the Passport this month with a letter saying :
”""your appeal has been allowed by the first tier tribunal under paragraph Gen 3.2 of appendix FM. As there are exceptional circumstances in you case which would render refusal a breach of Article 8, for a period of 30 months.You can apply to renew this leave and you may become eligible to apply for ILR (settlement) after 120 months if you qualify.""
clearly they have put me on 10 year route rather than 5 year route even though the judge clearly and categorically said in his letter that we meet all requirements including financial and also that we always met these requirements even at the time of the extension application.
My questions and my concerns/worries below:
1) I don’t know whether my extension period counting starts from the date my visa had expired(it should be count from FEBRUARY 2016 when i appplied as i have already spent 2 years waiting for my visa in Uk) it doesn’t show on the BRP.
The only thing written is
Place and date of issue: 20.09.2017
Valid until : 20.03.2020
Where does the count starts?
2) Why have they put me on 10 year route when I was always eligible for 5 year route?
3) after so much delay, pain, stress, cost and time am I in a position to go into a legal battle with Home Office to not only get this decision overturned but also get them to pay any damages or expenses for that legal case? Or does anyone here thinks that Home Office may reconsider their decision without the need for me to challenge them in the court?
I am extremely frustrated with my application and do not want to re-apply again because my stay period will be reset for another 5 years and if I dont apply I will be on a 10 year route. Any help and advice is much appreciated please.!
