# FLR(M) refused, pls help! Urgent!



## helen52 (Aug 27, 2016)

I applied for the FLR(M) for the extension of my spouse visa on 26 Aug 2016 and was refused due to not meeting the financial requirement on the same day. I applied on the basis of the Cash Savings to meet the financial requirement and have had adequate cash savings in my bank account in my own country for more than 6 months. But I was refused because My money has been held in a bank that is not regulated by the UK Boarder Agency. 

I’ve just realised that only 2 banks are regulated in my own country and I didn’t know that. I applied for my first period of the spouse visa based on the cash savings which was held in the same bank and my spouse was in recipes of Disability Living Allowance at the time. When I was awarded the spouse visa (first period) in 2013, we were not told that they granted the visa based on my husband’s circumstances and we though that they accepted my cash savings. My application based on the human rights was also refused and I was told that I could go back to my own country and live with my British husband there!!!!!! 
My husband is no longer receiving the DLA but he is receiving housing benefit and ESA. He is also under supervision of mental health and he needs me to help him here.

I have the right to appeal and I’ve decided to open an account in a regulated bank and transfer the money to that account and represent the documents on the hearing day.

I don’t know what else to do and what to write in my appeal form? Could someone please advise me on what to do? and how I can fill up the appeal form? what reasons and documents should I give them to make them convinced?!


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## clever-octopus (May 17, 2015)

UKVI doesn't regulate banks; from the guidance:

"The bank/savings account can be a current, deposit or investment account, provided by
a financial institution regulated by the appropriate regulatory body for the country in
which that institution is operating."

It would help to link to a scan of the refusal letter with identifying information censored out, or post the full text, exactly as it appears in the letter


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## helen52 (Aug 27, 2016)

clever-octopus said:


> UKVI doesn't regulate banks; from the guidance:
> 
> "The bank/savings account can be a current, deposit or investment account, provided by
> a financial institution regulated by the appropriate regulatory body for the country in
> ...


thanks for your reply. I've given a refusal letter which is 10 pages. what pages exactly do you need to see?


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## nyclon (Apr 3, 2011)

The ones that actually explain why you were refused.


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## Crawford (Jan 23, 2011)

How much do you have in cash savings?


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## Joppa (Sep 7, 2009)

If you were refused because you didn't meet the financial requirement, and you acknowledge you didn't, then there is no ground for an appeal. If your leave has already expired, you have to return home and reapply for a fresh visa, or as they suggest, you and your husband can try establishing life together there. If your application was refused because your savings were with a financial intuition not accepted by Home Office, then what you have done in moving the money out is correct and you have to wait 6 months before you can re-apply. 
Here is the list of institutions whose statement can or cannot be used: https://www.gov.uk/guidance/immigra...es-appendix-p-lists-of-financial-institutions


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## helen52 (Aug 27, 2016)

Joppa said:


> If you were refused because you didn't meet the financial requirement, and you acknowledge you didn't, then there is no ground for an appeal. If your leave has already expired, you have to return home and reapply for a fresh visa, or as they suggest, you and your husband can try establishing life together there. If your application was refused because your savings were with a financial intuition not accepted by Home Office, then what you have done in moving the money out is correct and you have to wait 6 months before you can re-apply.
> Here is the list of institutions whose statement can or cannot be used: https://www.gov.uk/guidance/immigra...es-appendix-p-lists-of-financial-institutions


many thanks dear Joppa,

we have decided to make an appeal, but I would like to ask you if they refuse me again...is there any chance to make another appeal in the UK OR can I take the case to the court?? since someone has told me if they refuse me I have the right to take my case to the court without leaving the UK otherwise I should make an Appeal outside the UK??

I so appreciate it if you can help me as soon as possible please.


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## helen52 (Aug 27, 2016)

Crawford said:


> How much do you have in cash savings?


 more than £62,500


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## Joppa (Sep 7, 2009)

What is the basis for your appeal? If you had your savings in a bank that isn't acceptable to Home Office, you failed to meet the financial requirement and you have no ground for an appeal. Appeal means you believe Home Office has made a mistake in rejecting your application and you want them to put things right. This is clearly not the case, and they have also turned you down for a compassionate consideration. So if you appeal, while it enables you to stay in UK while it's being processed, the outcome is that your appeal will be rejected and the original judgement will stand. What you can do is to use your appeal to buy time, and then make a fresh application after 6 months - after your savings have been with acceptable financial institution.


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## helen52 (Aug 27, 2016)

Joppa said:


> What is the basis for your appeal? If you had your savings in a bank that isn't acceptable to Home Office, you failed to meet the financial requirement and you have no ground for an appeal. Appeal means you believe Home Office has made a mistake in rejecting your application and you want them to put things right. This is clearly not the case, and they have also turned you down for a compassionate consideration. So if you appeal, while it enables you to stay in UK while it's being processed, the outcome is that your appeal will be rejected and the original judgement will stand. What you can do is to use your appeal to buy time, and then make a fresh application after 6 months - after your savings have been with acceptable financial institution.


 Dear Joppa, many thakssss...

What do you mean exactly by "original Judgment will stand"?? 

Regards,


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## Crawford (Jan 23, 2011)

helen52 said:


> Dear Joppa, many thakssss...
> 
> What do you mean exactly by "original Judgment will stand"??
> 
> Regards,


The refusal.


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## helen52 (Aug 27, 2016)

Crawford said:


> The refusal.


many thanks for your mess...


is there any chance to take my case to the court?? OR I should leave country?? My husband needs me here as he has got medical problem...do you think this could help me for my appeal??

I so appreciate it if you can give me as mush as information.

Regards,


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## Joppa (Sep 7, 2009)

As I said, appealing will buy you time (allow you to remain in UK), and then after 6 months, you can reapply in UK (as you are on Section 3C leave, provided the decision was made after your current leave expired). They have already turned you down for special consideration.


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## helen52 (Aug 27, 2016)

Joppa said:


> As I said, appealing will buy you time (allow you to remain in UK), and then after 6 months, you can reapply in UK (as you are on Section 3C leave, provided the decision was made after your current leave expired). They have already turned you down for special consideration.


Dear Joppa, 

Thanks a lot, I just would like to know that in case they refuse my appeal, do I have permission to make a new appeal to upper tribunal or court while I stay in the UK OR not??

Is there any possibility that they wont allow me to make a new appeal and ask me to leave the UK and make a fresh application outside the UK after 6 months??

Regards,


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## Joppa (Sep 7, 2009)

While your appeal is in process, you can stay in UK, and it will normally take more than 6 months to get a decision. And you can reapply in UK while you wait, as you have Section 3C leave. Whether you can appeal to Upper Tribunal is decided by the tribunal when your appeal fails.


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## helen52 (Aug 27, 2016)

Joppa said:


> While your appeal is in process, you can stay in UK, and it will normally take more than 6 months to get a decision. And you can reapply in UK while you wait, as you have Section 3C leave. Whether you can appeal to Upper Tribunal is decided by the tribunal when your appeal fails.


Dear Joppa, 

many thanks again, the visa centre & Immigration officer (who was our case worker and refused me) told me that "once we receive your appeal it takes around ONE MONTH to process your appeal""!!! Are you sure that it takes 6 months to process my appeal??

If so, that is very good news for us because I can stay by my husband and reapply after 6 months.

Regards,


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## Joppa (Sep 7, 2009)

Appeal goes through several stages. First is ECM review which can perhaps take a few months (a recent example took 6). If ECM upholds the refusal, then your case goes before a judge, either a paper consideration (faster) or tribunal hearing (longer). You are unlikely to get a judge's decision within a year of appealing. What they told you is it takes a month just to set up your appeal case, not to come up with a decision, as there is a big backlog of cases.


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## helen52 (Aug 27, 2016)

Joppa said:


> Appeal goes through several stages. First is ECM review which can perhaps take a few months (a recent example took 6). If ECM upholds the refusal, then your case goes before a judge, either a paper consideration (faster) or tribunal hearing (longer). You are unlikely to get a judge's decision within a year of appealing. What they told you is it takes a month just to set up your appeal case, not to come up with a decision, as there is a big backlog of cases.


Dear Joppa,


Many thanks for your mess, do I allow to work during my appeal period? how to prove to an employer that I stay in the UK legally?

Regards,


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## Joppa (Sep 7, 2009)

Yes, you can. Show them Section 3C Guidance (google for it).


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## helen52 (Aug 27, 2016)

DEAR Joppa,

I have some question regarding my appeal's application form, I so appreciate if you can help me with the answers please. I tried to contact some solicitors to get the answers or fill in the appeal's form but they asked for 1000 to 1500 pounds. 

on the Form, they've asked for the grounds of my appeal:
1.Protection Claim
2. Human rights claim
3.Revocaion of Protection sataus decision
4.EEA Decision
5. Depriviation of Citizentionship

---->> which one should I choose? and if the ground of my appeal is Human Rights Claim, I have to answer the following question:

Please explain why the decision to refuse you Human right Claim is unlawful under section 6 of the human rights act 1998. you should specify which article of human rights you are appealing under. 

I don't know how to answer this question. could you please help me which articles should I use considering that I have been in the UK since Jan 2010 and was studying till 2013 and have been living with my husband since 2011. My husband is very sick and is suffering from severe migraine attacks and hallucination and knee pain so I can't leave him alone in the UK. 

They've also asked for the extra reasons that I need to show them why I want to stay in the UK. and other reasons that have not been mentioned in the application form.


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