FLR App. rejected because I'm eligible for ILR

Wow, sorry to hear this.   

My visa expires in Feb 08 and we are moving home in June 08.  I was going to apply for the FLR since I will only be here 4 more months, I wonder if they will reject it.   

Blah!

I'm sure you'll be fine. I think the issue with me is that I do intend on applying for ILR. And apparently, that I took the Life in the UK test.

I spent the last hour crying because this stuff stresses me out and I'm nervous as hell about the ILR application. Plus, I think I'm going to have to beg money off of my father-in-law for this. My husband starts work as a taxi driver in two weeks but meanwhile he quit his job 2 weeks ago so he could have a relaxing month and spend lots of time with me before he starts work. Ugh. I just wish I had known from the start that I couldn't apply for FLR.

Thank you for letting me whine. This came as quite a shock so it feels good to be able to vent and whine.

I can't believe that they would do that.  You're honestly trying to do things legit.  Are they going to refund the money you sent for your rejected visa application?  I would really hope so, it they are requiring you to apply for a more expensive visa and know the current situation.  I hope that you are able to get the money for it, they can't possible kick you out of the country though, can they?  Doesn't seem like that should be able to happen.  Good luck and keep us posted on how it works out.

Are they going to refund the money you sent for your rejected visa application?

They're going to apply the money I already sent in to my ILR application. So, I just need to send in enough to make up the difference. He kept telling me that they could just keep the money and I'd have to pay the full £750 for the ILR application but that even though he shouldn't do it, that he'd hang on to the money I already sent in to be used for my new application... as if he was doing me a favor. Maybe he was. Bleh.

I can't wait for all of this visa stuff to be over. I swear, I'll never have a straight forward application. 

I'm sure you'll be fine. I think the issue with me is that I do intend on applying for ILR. And apparently, that I took the Life in the UK test.

Jeez.

Things are getting out of control down there.     This is *ALL* *TOTALLY* not supposed to happen during the transition period.  Did the CW not know about the transition period? 

Very discouraging that things are this wildly screwed up.  You didn't even get as good as a fee short fall.  Stunned.

If we can get all the deets, I suppose we'll have to take it forward.  But Christ on a Crutch peeps, when are they supposed to refuse FLR? 

I'm SO sorry that you're in this mess. It does seem like you're being punished for being honest.

Could you or your husband apply for a one-time credit card and charge the difference? It's about £400, right? Or perhaps see your bank about a small loan?

My fiance took out a wee loan when we thought I'd be charged for FLR, just so we wouldn't be stressed about the missing money at a time when I wasn't permitted to work. They were very understanding and gave us a great interest rate.

All of this is very unfair considering the new fees and test mandates have only been in place two months.

Jeez.

Things are getting out of control down there.     This is *ALL* *TOTALLY* not supposed to happen during the transition period.  Did the CW not know about the transition period? 

Garry is there something that shell. can do? Can she contact someone else? If there is supposed to be some lenience during the transition period, then this certainly doesn't seem fair.

Of course.  Starting with a quick brush-up on FLR and then asking to speak with the SCW.  Appeal.  Complain. 

It's so totally bolluxed, you could start just about anywhere. 

They're going to apply the money I already sent in to my ILR application. So, I just need to send in enough to make up the difference.

Hmm.

Cost of ILR - cost of FLR x interest rate on a loan or credit card payment . . .

Thanks for all the comments. I calmed down over the weekend. lol

I'll be mailing in my ILR application in a few weeks. I hope it gets approved so this will all be over with!

Good luck!! How stressful for you!

This is bollocks.

You do not have to apply for ILR if you do not want to, there is no obligation and there never was.  I cannot believe that this man has said this, in my opinion any refusal here would be completely unlawful.

How much are you up for a fight? 

Vicky (Glad to be back!!!!)

This is bollocks.

Things are getting out of control down there.  They haven't thought their way through this, and not only here.  There are lots of things that just haven't been thought through.

This particular case is so screwed up it takes your breath away.

Absolutely.

There is no where on the guidelines that says someone must apply for ILR.  What if you were only planning on remaining for a few months more?  And if you just don't have the money, or haven't passed the test?

Is this an internal ruling that we haven't been notified of?

We need to find out.

Vicky

Absolutely.

What if you were only planning on remaining for a few months more?  And if you just don't have the money, or haven't passed the test?

He asked me if I intended on applying for ILR though and I said yes, later. What I understood from him was that because I was eligible for ILR, intended on applying for ILR, and had already taken the Life in the UK test that I had no grounds for applying for FLR.

He asked me if I wanted him to forward my application on to apply for ILR and for me to send in the remaining money I'd owe. I said, "Well, I guess if that's my only option." He said, "It's not your only option. You can go forward with the FLR application, it'll get denied, you will lose your application fee and then have to pay £750 for a new application." Ha!

What would I have to do to fight it? Will it really be worth it? I'll go ahead and apply for the ILR but to be honest, I'm a little worried that the mail I've saved won't satisfy them and I'll just end up with FLR but for £750. My husband doesn't think I should fight it and I should just apply for ILR. I just don't know...

If you want ILR and can scrape the money together then there is not much point in fighting it.

But the simple fact is that what he has told you is lies.  If he refused your FLR on the basis that you qualify for ILR then his decision would have been in breach of the immigration rules and you would win on appeal.

It's your call, obviously.  Depends on how much effort you want to put into proving a point I suppose.

Vicky