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FLR FP refused now applying for Spouse Visa- Help please!

FLR FP refused now applying for Spouse Visa- Help please!

Old Aug 1st 2018, 11:26 am
  #1  
Nsh
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Default FLR FP refused now applying for Spouse Visa- Help please!

Hello everyone,

Thank you to all members for your advice and guidance. This site was a great source of support for me when applying for my husband's Spouse Visa.

I'm back again this time on behalf of a family member. It's quite a long story so again would appreciate any help that anyone can give .

Family member has been in the UK since March 2010 originally on a student visa. Has applied for Tier 4 general student leave to remain since then, got rejected once but successful twice after that giving him leave to remain until September 2016.

His leave to remain was curtailed to expire in April 2016. He applied for an EEA residence card which was rejected. He then applied on the basis of family and private life in May 2017 and this was rejected in December 2017. After this he lodged a PAP pre action protocol but Home Office upheld their decision.

Since then he has been in a relationship with a British citizen to whom he got married to in April 2018. Whilst they were engaged he sent off a FLR FP application on the basis of human rights in that he was in a committed relationship with a British citizen etc. The HO have rejected this application too primarily on the basis that they do not have any children as of yet.

At first he was planning to put in a new fresh application but after taking legal advice, he has decided to go back to Pakistan and apply for a Spouse Visa. He and his wife meet all the requirements for a Spouse Visa. He has asked for my help due to going through the procedure myself recently.

​Questions are:

He and his wife will be traveling to Pakistan in a few days time. As his wife is a teacher and it's currently summer holidays so the plan is for wife to travel too to meet in laws etc. They want to put in the application straightaway as they meet all the requirements and have all the pay slips etc. Is there a set time that he needs to be out of the country for before they can apply? They have left all documents and evidence with me- Can I send this off to HO on their behalf once application and biometrics have been done?

As you can see it's quite a detailed immigration history- what are the chances of him being granted a Spouse Visa? He is planning to put in a priority application.

I know it's common place for the sponsor to write a letter. Should the applicant also write one in this case? How should he go about referring to previous refusals?

Since 2016 he has put in applications which have been rejected? Will this have any bearing on how quickly he can apply for a Spouse Visa? I've heard somewhere that there can be a 12 or 24 month ban before you can apply. Does this also apply to him?

His wife's pay slips are online, which they have downloaded and printed out. Do these need to be stamped or verified in any way?

Thank you in advance .





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Old Aug 1st 2018, 12:19 pm
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Default Re: FLR FP refused now applying for Spouse Visa- Help please!

I presume your family member is a Pakistani citizen? What was his logic in applying for an EEA residence card? Unless he holds a EU/EEA passport or is a family member of someone who does then there's no basis for a claim there. Lodging a FLR(M) application before he was married was daft - it's for married couples or for someone who has been living together in a relationship akin to marriage for at least two years. I suspect this was the reason for the refusal rather than the lack of children.

From the Home Office's point of view he appears to have been applying for anything to allow him to delay his departure from the UK. Unsurprisingly they don't believe him to be genuine. Whether his spouse visa application from Pakistan will be successful is not a foregone conclusion due to his immigration history. He is unlikely to be banned from lodging a new application from Pakistan. He should be aware of any restrictions that have been placed on him.

His wife's payslips are print-offs then they will need accompanied by a letter from her employer.

https://www.gov.uk/guidance/immigrat...ified-evidence

(bb) Payslips must be:
(i) original formal payslips issued by the employer and showing the employer’s name; or
(ii) accompanied by a letter from the employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic;
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Old Aug 1st 2018, 12:49 pm
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Default Re: FLR FP refused now applying for Spouse Visa- Help please!

Originally Posted by BritInParis View Post
I presume your family member is a Pakistani citizen? What was his logic in applying for an EEA residence card? Unless he holds a EU/EEA passport or is a family member of someone who does then there's no basis for a claim there. Lodging a FLR(M) application before he was married was daft - it's for married couples or for someone who has been living together in a relationship akin to marriage for at least two years. I suspect this was the reason for the refusal rather than the lack of children.

From the Home Office's point of view he appears to have been applying for anything to allow him to delay his departure from the UK. Unsurprisingly they don't believe him to be genuine. Whether his spouse visa application from Pakistan will be successful is not a foregone conclusion due to his immigration history. He is unlikely to be banned from lodging a new application from Pakistan. He should be aware of any restrictions that have been placed on him.

His wife's payslips are print-offs then they will need accompanied by a letter from her employer.

https://www.gov.uk/guidance/immigrat...ified-evidence
Thank you for your quick reply. Appreciate it.

Yes he is a Pakistani citizen. To be honest with you I don't know the full ins and outs of that. On his most recent refusal letter it listed his full immigration history so I got all the information from there. We do have relatives in other European countries so I'm presuming that's why he tried to obtain the EU residence card.

I can understand how it looks from the perspective of the HO. But his marriage is totally genuine and his wife being a teacher, they are over and above the financial requirement, accommodation, English language can all be well evidenced. I think we just want to know if all this complex immigration history will have an adverse effect on a new Spouse Visa application.

Thanks for letting me know about the pay slips. Will inform them that they need to get a letter from her employer.
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Old Aug 1st 2018, 1:20 pm
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Default Re: FLR FP refused now applying for Spouse Visa- Help please!

Originally Posted by Nsh View Post
Thank you for your quick reply. Appreciate it.

Yes he is a Pakistani citizen. To be honest with you I don't know the full ins and outs of that. On his most recent refusal letter it listed his full immigration history so I got all the information from there. We do have relatives in other European countries so I'm presuming that's why he tried to obtain the EU residence card.

I can understand how it looks from the perspective of the HO. But his marriage is totally genuine and his wife being a teacher, they are over and above the financial requirement, accommodation, English language can all be well evidenced. I think we just want to know if all this complex immigration history will have an adverse effect on a new Spouse Visa application.

Thanks for letting me know about the pay slips. Will inform them that they need to get a letter from her employer.
His poor immigration history in and of itself won't automatically affect their decision. If they believe the marriage to be one of convenience then they will refuse his application and they may be more likely to think given his history and on the face of it it all sounds very suspect. The Home Office will have access to more information that either of us so really all your relative can do is lodge the best possible application he can and wait.
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Old Aug 7th 2018, 2:38 pm
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Default Re: FLR FP refused now applying for Spouse Visa- Help please!

Thanks for your reply and sorry for getting back to you so late.

I agree. They only thing they can do now is apply and wait for the decision.

Just another quick question please if you don't mind- Both applicant and sponsor will be travelling to Pakistan in 2 days time. As the sponsor will be abroad when they apply, is a colour photocopy of her passport and original birth certificate sufficient or will she have to provide a certified copy of her passport?

Thank you.

Thanks in advance.
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Old Aug 9th 2018, 4:32 pm
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Default Re: FLR FP refused now applying for Spouse Visa- Help please!

Originally Posted by Nsh View Post
Thanks for your reply and sorry for getting back to you so late.

I agree. They only thing they can do now is apply and wait for the decision.

Just another quick question please if you don't mind- Both applicant and sponsor will be travelling to Pakistan in 2 days time. As the sponsor will be abroad when they apply, is a colour photocopy of her passport and original birth certificate sufficient or will she have to provide a certified copy of her passport?

Thank you.

Thanks in advance.
Hi, My solicitor asked for certified copy of my (I'm the british sponsor) passport. It's better to be safe, it cost £10 for 3 copies in Post Office, but she needs to take it there herself.

regarding the rest of the post - priority will not have any major impact on his case - as priority is recommended for people who haven't been refused or have complicated immigration history before. So it can be well delayed to 24 weeks anyways. Also, tbh if I was the clearance officer no matter how perfect was the application I would take all the time to consider. From distance it just looks he is using every visa type to stay in the country even though in reality it's a genuine relationship.

all the best of luck. hopefully it will work out.
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