FLR(FP) QUESTION

[mushum]

Hi I am in also a sticky situation. Been in the UK since 2001 . Ii was originally a student but had overstayed . I am here now almost 13 years and has a British partner for 7 years and a British daughter of 3 years old. I came to the UK when I was 17.5 years old I am now 30. What can I do to regularise my stastay in the UK. Pls this is urgent I await your reply.

[Amber]

Section EX paragraph EX.1. applies if:

EX.1. – (a) (i) the applicant has a genuine & subsisting relationship with a child who:
(aa) is under the age of 18 years or was under the age of 18 years
when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British citizen or has lived continuously in the UK for at least
the 7 years immediately preceding the date of application; and
(ii) it would not be reasonable to expect the child to leave the UK; or

(b) the applicant has a genuine and subsisting relationship with a partner
who is in the UK and is a British citizen, settled in the UK, or in the UK with
refugee leave or humanitarian protection; and there are insurmountable
obstacles to family life continuing outside the UK.

That is for leave to remain, you may be able to apply for leave to enter as a spouse/partner, from abroad, depending on your circumstances.

[mushum]

Hi thanks for the reply definitely wants to apply for Leave to remain in the UK.
I think I qualify under both section a and b as outlined above however I am confused as I had read on the forum somewhere of a lady with my same scenario been refused when applied as a parent ,she was told that her partner could look after the child.
I also contacted the local law centre and I was told that the 5 year route is only for people who already have legal status and not for over stayers pks clarify this. I was told that I may apply under the 10 year route as a parent. I have been with British partner naturalised for 7 years and daughter is born British. Is the 10 year route as suggested to me the best way to move forward.? This is very complicated as I am not the sole carer for our child my partner also claims benefit with the child. Any more advice would be nu h appreciated.

[Amber]

You don't need to be the sole carer!

Yes the 10 year route, although, the application is the same.

[icehouse256]

Hello, I have also applied as a partner no children here under the 10 yrs route. I am an overstayer also, just praying to God for a positive answer now, even though i have applied since 4th of April, and up till now there is no acknowledgement letter or neither has funds been taken from the account.

[mushum]

@icehouse256. What documents did you send? Hope you get a reply soon from the HO. Pls update us in the outcome stay blessed.

[mushum]

Thanks amber for your speedy replies. Also my partner claims benefit as a single parent I think. This is recent as he was on incapacity benefit up until 2-3 weeks ago. Will thus cause a problem as the HO might contact the benefit dept. Very worrying for us. What should we do?

[Amber]

On what benefits?

[mushum]

Housing benefits child tax credit child benefits and income support as lone parent. He was in incapacity 2 weeks ago for 7 years but had only started claiming income support.

[Amber]

Tax credits should be in joint names and he's not entitled to income support if he's not a lone parent.

[mushum]

Gonna get him to ammend it. Hope this wont cause any problems as I am not entitled to any benefits. Will the affect the amount received in benefits just curious as if the benefits decreases we will be in a real financial turmoil.

[icehouse256]

I submitted 6 months pay slips + bank statements of my wife, her employment letter, letter from her employer confirming that my wife and i have a subsiding relationship, various bills which carries both of our names, and various letters which carries our individual name, a letter from my landlord, tenancy agreement carrying both of our names, and i also submitted a personal statement to support the application. @ Amber, do you have any idea why they have not replied with an acknowledgement up till now ?

[Amber]

You may request your leave to remain to be granted allowing access to public funds if you face destitution or for the welfare of a child.

Icehouse256 what application have you made?

[mushum]

Will this be applicable to me as my partner is already claiming. Would not having access to public funds because of destitution affect my future claim to indefinite leave. Also what do you think DWP will do will we be punished. My partner was not upfront with my details as he was in fear the government might have tried to sesperate us and for me not working a severe loss of benefits too as I would be an extra person in the house he thought that benefits paid would be less and caused great hardship. How would the amended benefits paid would be affected. As I am his partner unemployed and without recourse to public funds? I look forward to your reply amber. Thanks

[Amber]

Benefit fraud is an offence, regardless of your immigration status you're living together as a couple, thus, he can't be a lone parent for income support or tax credits, he's have to claim ib-JSA as a couple but only awarding an applicable amount for a single person or ESA if he has limited capability for work.

[mushum]

OK I understand. We will sort it asap. Thanks for the sound advice . been living in fear but now has to just bite the bullet I suppose. Thanks again amber I will ask him to claim JSA income instead.

[mushum]

Sorry amber just spoke to my partner he says the info are uptodate. He is claiming JSA and not income support single parent and housing and tax credit info is included with my details I think I misunderstiid the whole thing sorry English not my first language . he is English I am not so sorry for the confusion. Thanks again

[joshboy]

@icehouse256. If you've applied under FLR(o) and you have been an overstayer, married to a British person with no children I'm afraid you have wasted your money.
Unless you have those insurmountable obstacles you wont get leave to remain in the UK. If you do, I'll be ultimately amazed.

What's more annoying with this type of application is the fact that some immigration solicitors advise you that this route will work, they bleed you dry until you spend a vast amount of your own time looking at immigration law and then realise that it will never work!

[icehouse256]

@Amber, the application i submitted was flr(fp)
@joshboy, this is very scary now.

[Amber]

FLR(FP) doesn't have a Financial element.

[icehouse256]

Thanks Amber, i only included them to support my application.

[joshboy]

@icehouse256

Before I married my wife, she applied under FLR(O) which she should never have ever done and got refused as an over stayer.

We were planning on getting married before she got refused for the above, and then after we married she applied under FLR(M) and that was refused based on EX.1 because we have no kids and we could return and live in her country of origin.

Under both refusals we never went for a JR, as we felt we would have this refused also.

She is now back in her country of Birth and has applied for a UK spouse Visa. We are still awaiting the outcome. Which in all honesty I feel about as positive as a Conservative MP standing in a Scottish by-election.

I hope you have much better luck (your circumstances may be completely different than ours) than we did over a course of 18 months. Keep me updated if you don't mind. Both the above refusals took about 8 weeks.

[icehouse256]

@joshboy: this is my second application too, the first one FLR(M) was refused because of the financial requirement, we appealed and lost the appeal. Now my wife earns more than the financial requirement but I can no longer apply under the FLR(M) because I have no valid leave. So this is why I decided to apply for the (FP). I also have been placed on a temporary admission while waiting to make the application.

[Kombwe]

@ icehouse256 am sorry but you aren't very clear , your wife applied for a spouse visa How?????

[icehouse256]

No, i am the one who applied for further leave to remain not my wife.