FLR - REFUSED - HELP!!!

My Fiance entered the country in September on a Fiance Visa which runs for 6 months. We understood that, after the marriage (which took place on 19th October) he only needed to apply for Further Leave to Remain. We used form FLR (M) and submitted the relevant documents. We have recieved a letter from the Home Office this morning saying the following;

"You applied for Further Leave to remain in the UK as the spouse of [My Name], but your application has been refused.

The immigration rules direct that a person seeking such leave is to be refused if they do not meet the requirements set out in the immigration rules as ammended by HC 538. This includes that the applicant has limited leave to remain in the United Kingdom other than where that leave is of 6 months duration orless. On 1/9/2005 you were granted limited leave to enter as a visitor for a period of 6 months from 1/9/2005 until 1/3/2006 therefore you do not meet the requirements of having limited leave for a period of more than 6 months in the United Kingdom"

We are somewhat confused - as we had phoned the IND and asked them what the next stage was (after entering on a Fiance Visa and getting Married) and the advice was we needed Form FLR (M). We've paid £335 for this application and we have no idea what the above means.

My reading of this is not that my Husband has been refused because he is deemed unsuitable or we provided the wrong documents, but that we have simply (ha!) applied for the wrong kind of visa.

Any ideas where we went wrong?

What should he be applying for?

Once we've applied for whatever it is we should have applied for, can he remain until it's sorted or must he return on March 1st......yikes!!!

As we can't phone the IND until Monday, we are really panicking and would be so grateful for any advice anyone can give today.

Many Thanks

Judi & Adam

They seem to be saying you haven't applied before his fiance visa ran out.  Looks like an almighty c*ck up to me.

I'm reading it that it says he entered on a visitor visa, not a fiance visa. Either way, a c*ck up.

Thanks, I have just read the IND guidance to officers and it specifically says that those on a limited (i.e. Fiance) visa are exempted from the 'no-switching' rule.

I think they've made a mistake and mis-read his Fiance Visa......

Do you think that, although it says we can't appeal, we should point this out to them.

By the way.can anyone reassure us (from what I've written in my original post) that we did apply for the right kind of FLR?

Looking at it again I think sweetpeach is right.  Anyway yes you must definitely point it out so it can be rectified.  And yes I think he did apply for the correct visa, I don't think that is the problem.

I came in on a fiancee' visa and then after getting married I applied for a flr(m)....so yes sounds like you applied for the right one. I would call and ask for an explanation.

Helena

It sounds like they did make a mistake, unless they are taking issue with the fact that for the 4 months that your husband has been in the UK on his fiancé visa, he's actually been your spouse, and not your fiancé.  It doesn't make sense that they'd be concerned about that, though, since he did apply for his FLR before his fiancé visa expired.  Hmmm. . . .   
They're not very good at explaining themselves, are they?

It reads as thought hey think he came in as a visitor, not a fiance.  You need to write to inform them they are wrong.


Victoria

Thank you all for the reassurance, it's most appreciated.

Update - I rang the IND this morning and they asked me some details about his Fiance Visa - then kept me on hold for an age (I think while they contacted the Officer concerned) then asked me to re-submit the FLR (M) but send it to Sheffield (where the refusal came from). It does indeed sound like they thought it was a visitors visa and not a fiance visa.

Our mistake (we think) is that on the form in section 4 it asks if you came into the country on a Fiance Visa (we ticked Yes), and says if you answered Yes you go to section 5 and miss out the rest of section 4 - in our exhuberance we completed section 4, which seems to have confused them. Although one look at the visa in the passport should have cleared up any confusion.

Anyway - the form has gone recorded delivery and fingers crossed for a speedy response.

Judi & Adam

keeping fingers crossed for you!!!

Fingers crossed and good luck!

Hope all goes well.

Let us know what happens. Good luck!

I'm glad I'm going in person - hopefully that reduces the risk of this sort of error.

I'm glad I'm going in person - hopefully that reduces the risk of this sort of error.

I was thinking the same thing, although I'm not going, I already went. It was good to be able to watch and speak with the interviewer as he was going over my application.