Urgent: Applied for ILR instead of FLR, visa denied.

Hi, I'm back for advice to help my friend who has 2 weeks to appeal or leave the UK.

Brief background: She came here on spouse visa in December 2012, visa expiring in June (that is, next month). Based on these dates, advice here, and TravelingFrog's flow chart, she should have applied under the new rules for FLR. However, she instead went through a professional who advised her she was eligible for ILR instead.

So as I suspected, she's applied for the wrong visa, and not gotten it because she's not eligible for ILR. Now her application's been refused and she has 2 weeks to either appeal or leave the country.

My questions:
Given that she applied for a visa she wasn't eligible for, is there any point in an appeal, or would that be yet another waste of money?

Is it possible for her to apply for FLR now, before her visa runs out, or does she have to make immediate arrangements to return to the USA?

If she has to return to the US can she apply for FLR from there?

She is of course despairing and on her way to an immigration lawyer, who I truly hope is more "professional" than whoever ripped her off in the first place. But any advice from people here--even how to know a good lawyer from a poor lawyer--would be appreciated. The last thing I want is to advise her something that will cause her even more grief or complicate whatever her next visa step is.

Thank you so much.

She just needs to apply for FLR(M).  Don't appeal the ILR application as that isn't the right application.

If she wants to talk to someone, she should try Victoria Sharkey with Medivisas.

Thanks a lot.

Her most urgent worry is does she have to leave the country--she has a job here, obviously, and no life to go back to in the US. It sounds like she doesn't as long as she applies for FLR(M) right away. She told me her passport is invalid but I don't see how that can be the case, I think she must mean the spouse visa in her US passport is now invalid. Thanks again for your advice.

I believe she can apply for FLR(M) during the "appeal period".  I'm quite sure of that.  Still, she should probably double check with an immigration solicitor that deals with these types of things more often.

I think once you have applied for the (correct) visa you are allowed to remain until a decision has been made.  But I could be wrong. 

Thank you all, again. I sincerely hope this immigration lawyer can sort her out.

Just confirmed that her visa is (or rather was) valid from November 2012 to August 2015, a 33-month "new rules" visa. So she probably applied too early, as well. But in any case she applied for the wrong visa.

Really wish I had succeeded in persuading her to ask you here before she wasted £1K and all this stress.

Just confirmed that her visa is (or rather was) valid from November 2012 to August 2015, a 33-month "new rules" visa. So she probably applied too early, as well. But in any case she applied for the wrong visa.

Really wish I had succeeded in persuading her to ask you here before she wasted £1K and all this stress.

Then she has a valid visa to remain and work in the UK. Her refusal for ILR hasn't automatically cancelled the visa she already has.

All she has done is applied for the wrong visa and been correctly refused. Wasted her money too of course. She may be able to claim that money back from the "professional".

She still has a valid visa, she can still apply for FLR. As long as she gets the application submitted before the visa expires (but not earlier than 28 days before the 2.5 year anniversary of her entering the UK) then she still has legal status and can continue working.

She's made an expensive mistake, but it can be fixed.

Thanks, historyenne and Sirius.

I think the new solicitor is advising her correctly as she is now putting together the FLR(M) application within the 28 days. That is much better news than having to leave the country!

I think she is also filing a complaint against the bad advisor, hopefully she can reclaim some money. But first things first.

Just to follow up on this saga: The solicitor has had her and her spouse prepare cover letters explaining the whole history of their relationship. This seems similar to what they did for the spousal visa application, but this is for FLR(M). Not that it can hurt but has anyone heard of a cover letter like this for an extension of stay application? I haven't, but then I was under old rules.

Thanks.

Just to follow up on this saga: The solicitor has had her and her spouse prepare cover letters explaining the whole history of their relationship. This seems similar to what they did for the spousal visa application, but this is for FLR(M). Not that it can hurt but has anyone heard of a cover letter like this for an extension of stay application? I haven't, but then I was under old rules.

Thanks.

FLR is just like applying for the original visa with updated documents. So yes, the sponsor needs to supply a supporting letter....

Thanks, physicskate. It's so aggravating to have to reveal all our personal lives to the government, but I'm glad to know she's finally on the right track.

Just a note to say the visa came through and my friend is thrilled to have it and her passport back. Even at all the extra and unnecessary cost. I believe she will follow better advice next time  Thanks everybody for your help.