# Rejected Further Leave to Remain



## matt.dalton.81 (Aug 26, 2012)

My husband and I have just come home to the devastating news that his application for further leave to remain has been rejected. It appears that although we meet the financial requirement of £18,600 (we combined earn well in excess of this per annum) and provided payslips and P60's to support this, we have been rejected for not providing sufficient evidence. The letter explains we should have provided bank statements to support this further, but the guidance note and the FLR (M) form itself don't say you have to provide bank statements, it says 'or'. The letter goes on to talk about the fact that my husband and I can live in Australia and pretty much says therefore we should. My husbands passport was not in the envelope so we are really unsure what this means, given it is after 5.30 on a Friday there is no one to talk to so I'm now terrified, can my husband even go to work on Monday? Is there anyway I can post the letter on here as I really would love someones opinion on what to do? Thank you for taking the time to read this.


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## MelodyPond (Jan 4, 2013)

Sorry to hear you got a refusal. To post the letter click where it says "Go Advanced" underneath the "Quick Reply" box, then look for the paperclip symbol and click it. You will then be able to attach the document. If you can't then type the contents of the letter instead so the people with more knowledge can advice you. 

I think I know where you saw the "or" but if it's where I am thinking it is then that paragraph starts by saying something along the lines of "all of the following evidence must be provided:", but I could be wrong. If that's the one you mean, I was briefly confused by it too but since I check what people are submitting in this forum and those documents are always mentioned I just decided to ignore the "or" cause it made more sense to submit them too, plus I did submit them the first time I applied for FLR. Hope someone with more knowledge can reply here soon.


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## Joppa (Sep 7, 2009)

Bank statement is a required document under FM1.7 for financial requirement, which also applies to FLR(M) application. 


> (c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.


 Page 35


Retained passport means that they are about to take action to remove your husband from UK, unless he leaves voluntarily (in which case passport will be returned at the airport) or he lodges an appeal (he has in-country right of appeal). This has to be done within 14 days of receiving your notification of refusal. While the appeal is in progress, he can stay. Or he can reapply if the visa hasn't expired yet.


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## Whatshouldwedo (Sep 29, 2013)

I would certainly appeal if the visa has expired and you cannot re apply, even though you omitted such important evidence. The guidance notes are not very detailed and it is important to read these documents to get full instructions. 
https://www.gov.uk/government/uploa...06_immigration_rules_appendix_fm_se_final.pdf

and 
https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf

I hope this is resolved for you as it must be devastating to be in your position!


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## matt.dalton.81 (Aug 26, 2012)

Thanks everyone, the guidance was clearly confusing enough for us which given we have got through 4 or 5 of these in the UK and Australia to date is saying something!

With regard to appealing, I have been told the following in the refusal letter (see full letter attached):

"You have a right of appeal against this decision under section 82 of the Nationality, Immigration and Asylum Act 2002 because the secretary of state has decided to refuse your human rights claim...."

"... You may appeal against the refusal of your human rights claim on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998. You should not appeal on grounds which do not apply to you. You must also give arguments and any supporting evidence which supports the grounds you rely on."

Does anyone know how I would go about appealing on the basis above, in particular filling out an: 

IAFT - 5 Appeal To The First-Tier Tribunal (Immigration And Asylum Chamber) Section 3.D. Grounds for appeal Box 3 Human Rights Decision? 

I have some ideas (based on the attached documentation and the how my application has been handled) but would love to hear if others have actual experience with this type of thing and can recommend some wording.

Also can anyone out there give me a rough timescale for an appeal, to date I have heard anywhere from 6-12 months?

Thanks in advance.

Attached are the letter of refusal, a request for further information (which was very misleading) and my response to the request for further information asking for clarification.


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## Joppa (Sep 7, 2009)

I have read all the 24th July documents. You have only failed because you didn't send in bank statement. You have no chance of an appeal being upheld because you were correctly refused, and you have no chance of winning a case under human rights act, as they have considered and rejected it. 
So just reapply before your visa expires with the correct documentation, suitably updated to meet the 28-day rule, including your bank statement and you should be approved.


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## Crawford (Jan 23, 2011)

It would also appear that the OP did not produce a letter of employment from the employer as part of the financial requirements.


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## matt.dalton.81 (Aug 26, 2012)

Thanks (kind of)!!!

So with my residency permit valid until 4 July 2015 and only being able to apply 4 weeks before it would seem as though I will need to finish up in a he UK. 

I will look to voluntarily depart now, will call the HO Central Volantary Departures team in the morning. 

But as this has evolved a bit can anyone confirm how long I can stay (without it being detrimental to my return as either a visitor or if we start this process again in the future) before departing. 

Do I have to go back to Australia, or can I depart the country for a short period (say continental Europe for a weekend) in order to return such that I can pack up the house which we own?

Thanks again


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## matt.dalton.81 (Aug 26, 2012)

... And the fact that they miss specified what they wanted with regard to further information and did not respond to my request for clarification counts for nothing I assume by the sound of it Joppa :disappointed:


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## Joppa (Sep 7, 2009)

28 days, but that's up now, so you should leave now. In order to reapply, it can only be done from Australia, where you have the right to live, or NZ (as an Aussie).


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## matt.dalton.81 (Aug 26, 2012)

Thanks Joppa. If I leave now (prior to my period for appeal) will I still be eligible to come and go for leisure and to see family and friends on a standard visitor visa?


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## Joppa (Sep 7, 2009)

You should really stay away from UK until you get a new spouse settlement visa. They can come to see you or you can meet in a neutral country like France, Italy, Indonesia etc.


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## Crawford (Jan 23, 2011)

matt.dalton.81 said:


> Thanks Joppa. If I leave now (prior to my period for appeal) will I still be eligible to come and go for leisure and to see family and friends on a standard visitor visa?


If you meet the financial requirements and you can produce the necessary bank statements and employer letter why are you not re-applying? 

Seems like a better proposition than leaving for Australia and then only being able to visit periodically?


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## Joppa (Sep 7, 2009)

He cannot reapply in UK as his visa has now expired and that was more than 28 days ago. He can appeal, and can stay in UK, and by supplying the missing bank statement and any other required documents, he may have a chance but nothing is guaranteed. So I suggested going back to Australia to reapply as a quicker method of getting his spouse visa/leave.


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