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Applied Flr(M) On Compassionate Grounds But Documents Sent Back Unprocessed

document return spouse visa FLR(M) compassionate grounds

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#1 back2back

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Posted 20 December 2012 - 09:49 PM

Hi Everyone,

I applied for FLR(M) on the 26th of July, 2012 and on the 3rd of October, my little boy abroad had a hit and run incident and sustained a broken arm. I wrote the UKBA 3 times by post telling them my predicament and if they could consider processing my application on compassionate grounds but I got no response from them. I then called the UKBA phone line and the customer person said I could use the document request form and explain everything there. I sent this document but the section where they were asking if I wished to withdraw my application, I filled in 'No' and explained my reasons. ROD requests sent me a message explaining that the only way they could forward my application for emergency casework consideration is if that section was filled 'Yes'. I waited for 2 weeks hoping they could make a decision, but heard nothing. I spoke to my son a few days ago and even though the cast has been removed, he's always crying about been in pain. So I decided to fill 'Yes' in the section to withdraw but I explained under it that I would prefer not to but have considered this since their customer person said this was the only way they could consider my application. I told them I would prefer the document is returned on the 21st of January, 2013, making it at least almost 6 months when my application was first made.

The postman returned all my documents today unprocessed. My partner is very annoyed and I am confused. I have also lost my first application fee and my visa expired while it was with them. I do not know if reapplying again is an option although I do not now know if I will be counted as an overstayer. I called their office today to explain everything to this lady (didn't give her my name) and she asked if she could book me a PEO appointment at Glasgow for 10am tomorrow. She was telling me this by 3pm today and I live in Dorset. I asked her if my reapplication will be considered as an overstayer, and she said since my visa expired while it was still with the UKBA, she didn't think so. She advised I explain everything to the case worker. After the call, I went on the UKBA website and found out that they have again changed the forms on there so I called UKBA again to ask if I could resubmit my previous application or if I should use the new forms on there. The new man I spoke to was very stern. He said even though my visa expired while it was still with them, that I could only make an application from abroad at one of their consulates as my visa has expired. He also said I do not qualify for PEO appointments. He said I may reapply by post now and include a covering letter explaining everything, but that he cannot guarantee the success of my application. I am now very confused. I don't know if I should leave and reapply. It's been so much stress for me since my son's accident. There is also no guarantee that leaving will make it successful. A note was put in the envelope - they did not even direct me on what I could do if I was not happy with the outcome. Please, has anyone had this experience and what do you think I should do? It will be easier to explain to them here than abroad and I know the rules have toughened. My partner and I meet the financial requirements. I don't want to make another mistake by leaving and having a rough time with this application. I am trying to see the possibility of my son coming for check-up abroad as a patient so I can care for him. Please, I need advice urgently.



#2 back2back

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Posted 21 December 2012 - 12:22 AM

Please, can someone who understands the process respond?

#3 SteveG

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Posted 21 December 2012 - 12:27 AM

Hi,

What a tough time you've had with this, and confusing info given by the UKBA!

You could theoretically apply again in the UK but you will need to use the new form and pay the new fee.

You have a number of issues here including human rights and the issues with delay and misinformation by the UKBA. It's a difficult one to explain on a forum and ideally I'd say you need professional advice (as well as a carefully drafted application) on this due to the complexities involved in your application.

Which visa did you have before applying to switch using FLR(M)?
How long have you lived in the UK and with which visas?
How long have your been in a relationship with your partner? Are you married?

#4 back2back

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Posted 21 December 2012 - 12:55 AM

Hi Steve,

Thanks for responding.

I was originally on a student visa and applied for my spouse visa before it expired. I am married to my partner and been living together for 6 months. I have been in the UK for 2 years and 3 months and I completed my studies under my previous visa. I have been in a relationship with my partner for 1 year + 2 months.

#5 SteveG

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Posted 21 December 2012 - 01:02 AM

I think you need to apply again, by post, ASAP.

I've just re-read your post - this could be very important...

ROD requests sent me a message explaining that the only way they could forward my application for emergency casework consideration is if that section was filled 'Yes'.


Was this a written message (ie. email or post)? If so, do your still have it?


PS. Dorset is one of my favourite places in the UK, such a beautiful area

#6 back2back

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Posted 21 December 2012 - 01:11 AM

Yes Steve, it's an email explaining that they would not action my first request unless the section where you're asked whether you wish to withdraw is filled Yes. I even waited for 2 weeks but after a heart-breaking conversation with my son, I had to send the request again. But beneath the 'Yes', I told them that I was advised this was the only way they could consider my application under emergency. Do I print the email and enclose it? I'm so scared of immigration nonsense and didn't know I'll find myself in this position.

#7 back2back

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Posted 21 December 2012 - 01:16 AM

I don't know why they decided to be cruel. I have even done my biometrics and I stated that I would be needing the documents processed hopefully by the end of January, making it almost 6months and that I was hoping they could consider my application soon.

#8 SteveG

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Posted 21 December 2012 - 01:20 AM

Yes Steve, it's an email explaining that they would not action my first request unless the section where you're asked whether you wish to withdraw is filled Yes. I even waited for 2 weeks but after a heart-breaking conversation with my son, I had to send the request again. But beneath the 'Yes', I told them that I was advised this was the only way they could consider my application under emergency. Do I print the email and enclose it? I'm so scared of immigration nonsense and didn't know I'll find myself in this position.


OK, this is very helpful. Assuming that your first request asked for it to be processed quickly, apply again with all the supporting documents required by the form and showing that you meet all the requirements of the rules. Also write a cover letter explaining what has happened AND enclose copies of the emails - the one they refer to as your "first request", the reply from them saying you must tick "yes" and the reply you sent back.

As long as you're absolutely certain about this then that is all you need to do. If you're in any doubt whatsover then professional advice would benefit you.

#9 back2back

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Posted 21 December 2012 - 01:20 AM

Sorry, no comment on Dorset today. My emotional state is knackered. I can't even sleep.

#10 SteveG

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Posted 21 December 2012 - 01:22 AM

You may also want to consider complaining and/or seeing your MP about the wasted fee - after all, it was the UKBA's fault that you withdrew the application when it didn';t need to be - you just wanted a faster decision





Also tagged with one or more of these keywords: document return, spouse visa, FLR(M), compassionate grounds

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