Discretionary leave vary? - what to do

[smir]

Urgent
Amber
I went to solicitor to submit application

On human rights article 8 and private life

He told me fill flr (0) form

Is it correct ?

Please help

Guide me

hi
yes i have out of date applications and the last one was june 2005 and they consider it as gap (it was 31 days) and hence they give me discretionary leave instead of indefinite leave . so coming back to my first questions:
1- can i apply for indefinite leave from he end of the first 3 years of discretionary leave(long stay 10 years) or i must finish the 6 years of dl before i apply for indefinite leave
2- if i can apply for indefinite leave, do you think 1 gap of 31 days could invalid my application and having my 2 childen had their british passports is that will make any change?
thanking you in advance

Hi
1.In this case count your 10 years from when u got visa after your last 31 days gap.
or after 6 years on DL which ever comes first

2.Your child British passports nothing to do with your ILR. U will qualify for ILR on your own merits,

Get a copy of your SAR.

[Amber]

No. For a first time application under family/private life it's FLR(FP).

[smir]

Thanks Amber

He said no, you are not eligible for FLR fp, as you dont have any Children aged 7 or british..


but we will apply FLR (O), and this will just try to kill time and in mean time we get refusal we will put appeal and then once time finish we will just differ application.

Please guide me.. by the way I just submitted docs, but still not paid..

As you know my back ground,,
9 Years 3 months legal stay and need just 8 months for 10 years + Baby born in UK (8 months old) + Wife dependent Who just came last year

7 Years 3 months student visa + 2 years PSW

Home I am not digging hole for myself

No. For a first time application under family/private life it's FLR(FP).

[Amber]

FOR WHICH APPLICATIONS MUST YOU USE FORM FLR(FP)?
Form FLR(FP) must be used if you are applying for an extension of stay in one of the following cat- egories:
• Family life as a partner (10 year route)
• Family life as a parent (5 year and 10 year routes)
• Private life in the UK (10 year route)
You and any dependants applying with you must be in the UK to apply. You must not use this form
• to make an application for asylum or international protection (this includes an application for humanitarian protection or an Article 3 European Convention on Human Rights (ECHR) appli- cation made on protection grounds); or to make further submissions on asylum or human rights grounds after the refusal or withdrawal of an earlier asylum or human rights claim.

[smir]

Thanks Amber


I showed him this, and he said no you are not eligible for this, you dont have basis for this




So do you think if he use FLR (0), for my application will I be able to continue my stay, till further 8-9 months and then would be able to differ my application ? and right to work ?

What will happen Amber if he puts my application on this basis ?

FOR WHICH APPLICATIONS MUST YOU USE FORM FLR(FP)?
Form FLR(FP) must be used if you are applying for an extension of stay in one of the following cat- egories:
• Family life as a partner (10 year route)
• Family life as a parent (5 year and 10 year routes)
• Private life in the UK (10 year route)
You and any dependants applying with you must be in the UK to apply. You must not use this form
• to make an application for asylum or international protection (this includes an application for humanitarian protection or an Article 3 European Convention on Human Rights (ECHR) appli- cation made on protection grounds); or to make further submissions on asylum or human rights grounds after the refusal or withdrawal of an earlier asylum or human rights claim.

[smir]

I asked him which category you will apply he said other


i asked what others

he said i cant say you that

Thanks Amber


I showed him this, and he said no you are not eligible for this, you dont have basis for this




So do you think if he use FLR (0), for my application will I be able to continue my stay, till further 8-9 months and then would be able to differ my application ? and right to work ?

What will happen Amber if he puts my application on this basis ?

FOR WHICH APPLICATIONS MUST YOU USE FORM FLR(FP)?
Form FLR(FP) must be used if you are applying for an extension of stay in one of the following cat- egories:
• Family life as a partner (10 year route)
• Family life as a parent (5 year and 10 year routes)
• Private life in the UK (10 year route)
You and any dependants applying with you must be in the UK to apply. You must not use this form
• to make an application for asylum or international protection (this includes an application for humanitarian protection or an Article 3 European Convention on Human Rights (ECHR) appli- cation made on protection grounds); or to make further submissions on asylum or human rights grounds after the refusal or withdrawal of an earlier asylum or human rights claim.

[smir]

I am waiting Amber Sis please

[Amber]

What more can I say?

[smir]

What more can I say?

You were right Amber

[Amber]

Well, yes, I did try and tell you that.

[smir]

Well, yes, I did try and tell you that.

Yes Amber

But every sol I met were not ready to put flr fp but only flr 0

At last I put as my time run out

My sol put my Flro with my two dependent

He sent me acknowledgement in 1 week and then coming week human rights letter from HO with seperate case id for each of us

Then after exactly 45 days he said HO is asking more information. Like my wife entry in UK last two years where we lived and deceleration signature of last two pages of flr fp

I asked him that I am illegal now with no rift to work and my continuous 10 year is broken !

He said no it's not, your file is still in process and Rey asked more Info as we are having fight with HO regarding flr o vs flr fp

He was saying me 10 times that I am not illegal nor continois stay broken

He said stills your docs are there and we have been just told to forward these required Info

I do t know how truth is this

I have no other options So I signed the form and gave him

Thanks for guiding

[Amber]

Well if the HO have rejected the FLR(O) and you did not have legal stay when you subsequently applied for FLR(FP) then you may be considered as overstayers and if the FLR(FP) is rejected without a right of appeal, your continuous period, would, at first instance, be broken. If the FLR(O) was rejected after your leave expired, you are, prima facie, an overstayer and should not be working.

Fight with the HO regarding FLR(O) and FLR(FP)? That's worrying, considering DLR no longer exists (does your solicitor even know that?) FLR(O) would not be appropriate. Moreover, FLR(FP) kind of gives itself away, FP - Family & Private life

[smir]

He is still saying me your application is not invalid it's still I process and HO is just asking more info



I don't know the truth

I already got from him one acknowledgement with one Refrence and then human rights letter with seperate case id of each applicant

I don't know what is truth

Planning for SAR
In SAR too confused which ref should I give them ?


I have two references

One with acknowledgement and one with human rights letter a seperate case ID

I am totally confused how the HO issued me acnowledgement then issued case id with human rights letter and then after 45 days they ask for flr fp and more info ?

Still no biometric done

Can you please guide me Amber !!!

Well if the HO have rejected the FLR(O) and you did not have legal stay when you subsequently applied for FLR(FP) then you may be considered as overstayers and if the FLR(FP) is rejected without a right of appeal, your continuous period, would, at first instance, be broken. If the FLR(O) was rejected after your leave expired, you are, prima facie, an overstayer and should not be working.

Fight with the HO regarding FLR(O) and FLR(FP)? That's worrying, considering DLR no longer exists (does your solicitor even know that?) FLR(O) would not be appropriate. Moreover, FLR(FP) kind of gives itself away, FP - Family & Private life

[Amber]

Perhaps ring the Home Office and ask if the rejected your FLR(O) application as invalid?

If they sent a declaration for FLR(FP) it sounds like they considered the FLR(O) application as invalid.

[smir]

Perhaps ring the Home Office and ask if the rejected your FLR(O) application as invalid?

If the sent a declaration for FLR(FP) it sounds like they considered the FLR(O) application as invalid.

Thanks Amber

Will HO give all details on phone to me ? Valid or invalid ?
If possible please guide me which number to call and
Will it be easy for me to know about it as my whole communication is done by my sol

Or should I go for SAR and if SAR which Refrence should I give

Please let me know

[Amber]

Try 08435158453.

[Zee ali]

He is still saying me your application is not invalid it's still I process and HO is just asking more info



I don't know the truth

I already got from him one acknowledgement with one Refrence and then human rights letter with seperate case id of each applicant

I don't know what is truth

Planning for SAR
In SAR too confused which ref should I give them ?


I have two references

One with acknowledgement and one with human rights letter a seperate case ID

I am totally confused how the HO issued me acnowledgement then issued case id with human rights letter and then after 45 days they ask for flr fp and more info ?

Still no biometric done

Can you please guide me Amber !!!

Well if the HO have rejected the FLR(O) and you did not have legal stay when you subsequently applied for FLR(FP) then you may be considered as overstayers and if the FLR(FP) is rejected without a right of appeal, your continuous period, would, at first instance, be broken. If the FLR(O) was rejected after your leave expired, you are, prima facie, an overstayer and should not be working.

Fight with the HO regarding FLR(O) and FLR(FP)? That's worrying, considering DLR no longer exists (does your solicitor even know that?) FLR(O) would not be appropriate. Moreover, FLR(FP) kind of gives itself away, FP - Family & Private life

@smir

HO ask more info when they assigned your case to a caseworker and u submit your biometric.

That is the stage when your case worker can request more documents.

As i told u meaning of signing 2 declaration pages of flr fp is your flro is rejected as invalid.

Your solicitor wont send only 2 pages of flr fp but in fact they gonna send whole flr fp form.

But he is not telling u the truth.

HO is looking for reasons to invalid applications i feel sorry for u man . I submitted flr fp but still worried that what next they come

up with to invalid mine

[Amber]

A correctly completed in time application for FLR(FP) should not be invalidated. The issue with FLR(O) is that it was the wrong form, thus invalid.

[smir]

Amber the number is not working..


it says no more in use and please visit the website for more info..

can you please offer me other number

and one more.. if i apply SAR. what ref should I give ? Flro ref in acknowldgement or Human rights letter with case id which is different refrence

A correctly completed in time application for FLR(FP) should not be invalidated. The issue with FLR(O) is that it was the wrong form, thus invalid.

[Amber]

Try 0300 123 2241, option 3.

[smir]

i called and they are asking for what status and i said FLR 0

he is asking in what category flro ???? and I dont know category

had to disconnect as I dont have any details with me..

what should I do >?

Try 0300 123 2241, option 3.

[Amber]

You should have a reference number on your correspondence that they could look up, perhaps ring back when you have the details

[smir]

THANKS AMBER

i have acknowledgement and reference number nothing else

i dont have details about what catergory he filed flr o

but the HO on phone straight asks what visa and which category and what is your sol company name

You should have a reference number on your correspondence that they could look up, perhaps ring back when you have the details

[Amber]

So perhaps say FLR(O) and article 8 leave?

[smir]

Thanks Amber
I will try with this

in case they ask about my Sol what should I say ? because all correspondence is through my Sol and I have no link and contact

will HO ask any think or for security reasons will they tell me any think ?

So perhaps say FLR(O) and article 8 leave?