# Denied FLR(FP)



## mobride (Mar 19, 2014)

My daughter is a citizen of the USA who entered the UK in 9/2012 on a Student visa which has now expired. She married her UK husband in the US in April 2013 and returned to the UK after their honeymoon in April 2013. Before her student visa expired she applied for a FLR(FP) visa and was denied for several reasons including the fact that she had not yet lived in the UK for 2 years (I did not realize that was a requirement). Other reasons for denial include the fact the the UKBA is not recognizing her marriage although she included the marriage certificate and the DVD from herweeding!

She has been advised not to appeal because she has not lived in the UK for 2 years. Instead she plans to return home and eventually file for a Spousal Visa once her husband can demonstrate the financial requirements. She is about to send an application to Choices for help returning to the USA but I am concerned that asking for financial assistance will jeopardize her ability to obtain a spousal visa in the future.


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## _shel (Mar 2, 2014)

What type of wedding did they have and where? Was it registered with the council registrations officer?


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## mobride (Mar 19, 2014)

The wedding was a church wedding. The marriage certificate was issued by the Probate Court in Cleveland, Ohio. The couple cannot find anyone who can help them figure out how to have it registered with the council registrations officer in NI. My daughter called the office in Belfast and they said they cannot help her.


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## angela2014 (Jan 13, 2014)

Most people on here who get married in the US, provide the US marriage certificate and have no problems. Given the other information that should be submitted (communication during time spent apart, photos of the couple in various settings, etc), this seems to usually be adequate for proving the marriage is official and 'genuine and subsisting'. This is what I've done as a US citizen for my UK spouse visa application...I haven't received the decision yet but many people on here have just submitted an original of the US marriage certificate plus other required evidence and don't have an issue. 

Hope this maybe helps a bit in considering what other reasons could be behind the UKBA apparently not recognising the marraige. Sounds odd to me. Best of luck!


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## _shel (Mar 2, 2014)

Ok, if it was a legitimate wedding they may think it is a marriage of convenience. What did the refusal letter say?


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## ddang (Jun 21, 2012)

mobride said:


> The wedding was a church wedding. The marriage certificate was issued by the Probate Court in Cleveland, Ohio. The couple cannot find anyone who can help them figure out how to have it registered with the council registrations officer in NI. My daughter called the office in Belfast and they said they cannot help her.


I may be wrong but I thought one could switch from a student visa to a spousal visa once married if your student visa hadn't expired.

Did the spouse/ sponsor meet the financial requirements? If you received the marriage certificate in Ohio then it should have been registered by the state. You wouldn't need it registered in the UK if you had the wedding in the states. My wedding was in the states and I never had to register my wedding certificate anywhere since the state did it.


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## ddang (Jun 21, 2012)

She should have submitted a few pictures of the wedding. I'm pretty sure they wouldn't look at DVDs. This topic has come up before. 

I believe immigration wouldn't use DVDs as they could possible transfer/ carry viruses (not saying that you would).


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## nyclon (Apr 3, 2011)

First of all if she applied for FLR(FP) she applied for the wrong visa. She should have applied for FLR (M). Second, videos are not acceptable documentation. Third, there is no need to register their marriage as US weddings are recognized by the UK.

It would be helpful if you typed the exact wording of the refusal.


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## mobride (Mar 19, 2014)

We have been advised that she has filed for the incorrect visa which is why she is returning to the US and then plans to apply for the FLR(M) visa once her husband's income can meet the financial requirements. 

Again my question is, if she receives funds from the HOme Office for her flight back to the US will this jepardize her ability in the future to receive a FLR(M), and/or her ability to visit the UK. I found an article from 2008 that seems to suggest that she should pay for her own departure:

The new rule, the elegantly designated paragraph 320(7B), includes a sort of tariff system:
•
Overstayers who leave within 28 days of the end of their visa and pay for their own departure can come back immediately

•
Those who otherwise breach immigration laws but leave voluntarily and pay for their own departure can return after 12 months

•
Those who breach immigration laws, leave voluntarily but whose departure is paid for by the Home Office can return after 5 years

•
Those who breach immigration laws and are removed involuntarily at the expense of the Home Office can return after 10 years.


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## _shel (Mar 2, 2014)

You are not expected to return if the British Government pay assistance for you to leave.


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## AmyD (Jan 12, 2013)

Sounds like she can't come back for five years if the UKBA pay for her removal. That, on top of her refusal, would make it exponentially more difficult for her to ever receive visa.


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## nyclon (Apr 3, 2011)

So, you're saying she doesn't have adequate funds to buy a ticket to leave? Can't you help her?


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## AmyD (Jan 12, 2013)

How is she in the UK? Did she marry, come to the UK, then apply for a visa?


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## _shel (Mar 2, 2014)

From looking at the choices website its between 2 and 5 years no return BUT the USA isn't listed in the countries they help with return to.


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## angela2014 (Jan 13, 2014)

While I'm certainly not the expert on here, I think paying for leave through that programme is meant for people in much more dire situations, yes? e.g. refugees and people in desperate situations of that sort. Not American students... Regardless, good luck.


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## mobride (Mar 19, 2014)

Apparently my daughter’s caseworker suggested she complete the Choices application...I believe she is simply getting all kinds of bad advice and is too naive to realize it. She first was advised by a member of theHouse of Commons to apply for the FLR(FP) visa which, of course failed because she has not lived in the UK for two years.

I agree that we should pay for her flight home. Thanks.


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## nyclon (Apr 3, 2011)

mobride said:


> Apparently my daughter’s caseworker suggested she complete the Choices application...I believe she is simply getting all kinds of bad advice and is too naive to realize it. She first was advised by a member of theHouse of Commons to apply for the FLR(FP) visa which, of course failed because she has not lived in the UK for two years.
> 
> I agree that we should pay for her flight home. Thanks.


I don't know a lot about FLR (FP) but I'm pretty sure there is no 2 year residency requirement. One of it's purposes is to allow a non-UK/EU parent to stay in the country with a minor UK citizen child. She simply submitted the wrong application.


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## Crawford (Jan 23, 2011)

mobride said:


> Apparently my daughter’s caseworker suggested she complete the Choices application...I believe she is simply getting all kinds of bad advice and is too naive to realize it. She first was advised by a member of theHouse of Commons to apply for the FLR(FP) visa which, of course failed because she has not lived in the UK for two years.
> 
> I agree that we should pay for her flight home. Thanks.


Who on earth is telling her to apply to Choices?

As per their website Choices is for repatriation or help for refugees or asylum seekers - neither of which your daughter is.

Why has your daughter got a caseworker? 

She entered the UK in September 2012 as a student, then married in April 2013 in US by the sounds of it and had a honeymoon before returning to the UK, so why should anyone else but either you (her parents) or her husband be paying for her flight back to the US?


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