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May be applicable?276ADE (1) wrote:The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.
HiOjey wrote:"has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK."
how could I prove that?? how could I support the application? I still have family in my home country and I go there frequently on holidays.
I think I understand what you mean. But…Zee ali wrote:HiOjey wrote:"has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK."
how could I prove that?? how could I support the application? I still have family in my home country and I go there frequently on holidays.
U put the application form flr fp.
U want to spend 4 to 5 nmonths time. So don't be worried if u dont get flr fp visa.
Just apply and delay your biometric to get more time than they refuse cos u not full filling 276 ade . u have option to go to appeal process and complete 10 years.
Than withdraw your appeal and put ilr application.
Regards
You need to apply before your leave expires!. You will have the right of appeal. Do not delay to apply before your leave expire and also if it is refused before you complete your 10 years; you can appeal within 10 working days and surely you will crosss the 10 years. Ask in this forum by that time.......... Also, to avoid invalidity, try to use bank draft. Do not let there be any payment issue.Ojey wrote:Any suggestions??
Thank you for you reply Great77.Great77 wrote:You need to apply before your leave expires!. You will have the right of appeal. Do not delay to apply before your leave expire and also if it is refused before you complete your 10 years; you can appeal within 10 working days and surely you will crosss the 10 years. Ask in this forum by that time.......... Also, to avoid invalidity, try to use bank draft. Do not let there be any payment issue.Ojey wrote:Any suggestions??
Use form FLR(FP) if you want to apply base on family and private life reason. But if other reasons(medical mostly) then you can use FLR(O).The answer to this is still use FLR (FP) because the link I provided below said you wish to apply anyway on private life.Ojey wrote:Thank you for you reply Great77.Great77 wrote:You need to apply before your leave expires!. You will have the right of appeal. Do not delay to apply before your leave expire and also if it is refused before you complete your 10 years; you can appeal within 10 working days and surely you will crosss the 10 years. Ask in this forum by that time.......... Also, to avoid invalidity, try to use bank draft. Do not let there be any payment issue.Ojey wrote:Any suggestions??
Do you think I should use FLR(O) or FLR(FP)? I am not married and no child.
If any what would be the best grounds to go for in my case.
HiOjey wrote:I think I understand what you mean. But…Zee ali wrote:HiOjey wrote:"has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK."
how could I prove that?? how could I support the application? I still have family in my home country and I go there frequently on holidays.
U put the application form flr fp.
U want to spend 4 to 5 nmonths time. So don't be worried if u dont get flr fp visa.
Just apply and delay your biometric to get more time than they refuse cos u not full filling 276 ade . u have option to go to appeal process and complete 10 years.
Than withdraw your appeal and put ilr application.
Regards
1- what if they dont give me right to appeal?
2- what if application is invalid?
3- what if application and appeal are decided before completing 10 years?
4- Should I go for FLR(FP) or FLR(O)…FLR(O) seems to be intended for application outside the law or ("Other purposes/ reasons not covered by other application forms")
Thanks for your replies.
HiOjey wrote:Much clarified Zee ali. Thank you.
Now, do you think I should do this through a solicitor or do it myself? because I am not sure of what documents and evidence I need to support my application. If I use a solicitor, will it increase my chances to be granted FLR? because if not, I am looking to stay without my passport and no right to work for up to 9 months and maybe more.
Your responses are very much appreciated. Thank you.
Zee ali wrote:HiOjey wrote:Much clarified Zee ali. Thank you.
Now, do you think I should do this through a solicitor or do it myself? because I am not sure of what documents and evidence I need to support my application. If I use a solicitor, will it increase my chances to be granted FLR? because if not, I am looking to stay without my passport and no right to work for up to 9 months and maybe more.
Your responses are very much appreciated. Thank you.
i think it's better if u hire a good solicitor. Your future is based on this application so do not take chances. It would be a well worth
investment.
U need to prove 276 ade to get flr fp visa.
But it's very hard to full fill 276 ade requirement
Paragraph 276ADE of the Rules indicates that leave to remain may be granted to a long residence
applicant if he or she has lived continuously in the UK:
for at least 20 years; or
for at least 7 years (and the applicant is under 18 years of age)and why it's unreasonable for child to go back; or
for at least half of his life (and the applicant is aged between 18 and 25 years); or
for less than 20 years (and the applicant has no ties to the country to which he or she would
have to go if required to leave the UK).
u can work while u wait for your application decision and waiting for your appeal hearing.
https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf
See page 6 of 26.
To satisfy your current employer or new employer tell them to check your right to work from HO directly using this form
https://www.gov.uk/government/publicati ... ht-to-work
Tell your empolyer to fill in this form and email them HO will reply to your employer within 5 workings days...
Only do this when u submit an in time application and got acknowledgement letter ( u need ref number to put in the employment checking form).
If your employer is happy with acknowledgement letter than do not use this employment checking service. (just for safe side).
HiOjey wrote:Zee ali wrote:HiOjey wrote:Much clarified Zee ali. Thank you.
Now, do you think I should do this through a solicitor or do it myself? because I am not sure of what documents and evidence I need to support my application. If I use a solicitor, will it increase my chances to be granted FLR? because if not, I am looking to stay without my passport and no right to work for up to 9 months and maybe more.
Your responses are very much appreciated. Thank you.
i think it's better if u hire a good solicitor. Your future is based on this application so do not take chances. It would be a well worth
investment.
U need to prove 276 ade to get flr fp visa.
But it's very hard to full fill 276 ade requirement
Paragraph 276ADE of the Rules indicates that leave to remain may be granted to a long residence
applicant if he or she has lived continuously in the UK:
for at least 20 years; or
for at least 7 years (and the applicant is under 18 years of age)and why it's unreasonable for child to go back; or
for at least half of his life (and the applicant is aged between 18 and 25 years); or
for less than 20 years (and the applicant has no ties to the country to which he or she would
have to go if required to leave the UK).
u can work while u wait for your application decision and waiting for your appeal hearing.
https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf
See page 6 of 26.
To satisfy your current employer or new employer tell them to check your right to work from HO directly using this form
https://www.gov.uk/government/publicati ... ht-to-work
Tell your empolyer to fill in this form and email them HO will reply to your employer within 5 workings days...
Only do this when u submit an in time application and got acknowledgement letter ( u need ref number to put in the employment checking form).
If your employer is happy with acknowledgement letter than do not use this employment checking service. (just for safe side).
Again…Thank you very much for you reply Zee ali.
I think I can only possibly belong to the last rule of paragraph 276ADE: "lived for less than 20 years", but it would be hard to prove this : "and the applicant has no ties to the country to which he or she would have to go if required to leave the UK".
I will go through a solicitor just in case, I just hope I do not know better than them now.
I understand now that I can only work for 20 hours a week while on 3C or 3D as I currently hold a student visa.
Thanks for your time and help.
hiOjey wrote:Hi Zee ali.
I just spoke to a solicitor today. As I expected, I turned out to know better than her .Although she did suggest one or 2 thinks which got me thinking and confused more.
First, she suggested using the highly skilled migrant visa (which I think it has been abandoned).
Second, she suggested using the FLR(O) for the private life category, and she did not even know about the FLR(FP).
Third, something which got me thinking, is why should I not apply for the ILR straight away now using SET(O) and request for discretion from caseworker to overlook the time left to complete my 10 years, and support my application with documents to show my long stay up to now has always been legal and I dont want to be an overstayer and that I need permission to work and that I want to make the UK my home etc… Also to put a document asking that if I am refused for ILR then they should consider me for FLR to complete my 10 years. Now, if I am refused then I can go for appeal and that would take me to 10 years. But what i am not sure about is if the application is returned invalid!!!! (is it possible to invalidate the application because of not having completed the 10 years??).
What do you think guys?
@AmberAmber_ wrote:If you apply for SET(LR) now, you should be ok so far as when the decision maker makes a decision you satisfy the requirements as per AQ(Pakistan) v Secretary of State for the Home Department (2011) EWCA Civ 833[click].
It clearly says: "You must refuse applications received more than 28 days before the applicant completes the required qualifying period for long residence. This is because the applicant has not completed the required period of leave in the UK."Zee ali wrote: hi
Your form should be set lr not set o.
https://www.gov.uk/government/uploads/s ... e-life.pdf
See page 5 of 67
what happen if u apply early
See page 15 of 67
Regards
Means date of the decision is far important than the date of submission.Amber_ wrote:If you apply for SET(LR) now, you should be ok so far as when the decision maker makes a decision you satisfy the requirements as per AQ(Pakistan) v Secretary of State for the Home Department (2011) EWCA Civ 833[click].