Help about the FLR (M)

[jehzroblenida]

hi everyone,

I applied my fiancee visa last 6th of July 2012 but they refused it. So we made an appeal and finally got a visa on August.

My question is, am I under the new rule or still old rule? Please, I need help. Thank you x

[joebloggs]

5.1 Allowed appeal under the Immigration Rules
Where an individual successfully appeals against the refusal of an application, the leave granted will be under the rules in force at the time the application, which was the subject of the successful appeal, was made. A successful appeal against the refusal of an application made before 9 July 2012 will result in a grant of leave under the rules in force before 9 July 2012.
An individual who appeals successfully against a refusal of leave in relation to an application made before 9 July 2012 will be treated as someone who applied for or was granted leave under the Rules before 9 July 2012 when any further application for leave is made (see paragraph 2.1 for further details).

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/transition/transition.pdf?view=Binary

[jehzroblenida]

Hi joebloggs,

Does this mean that I am still under the old rule?

Or do I need to provide evidence that my husband is earning £18, 600?

Thank you :) x

[jlags90]

Hi joebloggs,

Does this mean that I am still under the old rule?

Or do I need to provide evidence that my husband is earning £18, 600?

Thank you :) x

Hello. Based on Joe's link, you still belong to the old rules because you have lodged your application before 9th of July.

"If you applied to come to the UK as a fiance(e) or proposed civil partner on or before 8 July 2012, the conditions of your stay have not changed." ( http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/on-before-8july/) ....which means they consider the date of application and not the date of granting the visa in order to determine if you belong to the new or old rules.