Help with FLR(FP)

[Renni_Aman]

I was advised to apply for FLR(FM) visa, since my current visa (PSW) will expire 08/2014. I would meet the 10 years criteria for ILR in 12/2014.
I am in a relationship with my boyfriend for 8+ years, living together. All these times he was without legal stay in the UK and only receive grant of 2.5 years DLR.

Do I select the Family life as a partner (10 years route) in the FLR(FP) application form, although I have not yet completed my 10 years stay?

What are the requirements for this application?

How can we find out under what grounds someone was granted DLR? On the letters he received from Home Office, nothing of this type of information was stated.

Thanks.

[Amber]

I think you mean FLR(FP). Discretionary leave or LOTR was given to those who don't meet criteria for leave to remain but they have other grounds which is indicative of the applicant requiring leave to remain. Most commonly on private/family life reasons.

[Renni_Aman]

Yes, Amber. FLR(FP) I meant

So based on the fact that my bf was only recent granted DLR after 11+ years of no visa, would you recommend that I choose the option "family life as a dependent (route to 10years) or private life (route to 10 years)?

I was told by my work place CIU team that they need to understand under what grounds my bf was granted his visa, before I can apply as a dependant.

[Amber]

You can't be a dep of someone with DLR.

[Rebekah]

Amber,

Please advice what are the chances of success of switching to FLR (FP) from PSW based on 7 years child concession Non British child?

[Amber]

Good insofar as, it would not be reasonable to expect the child to leave the UK.

[Rebekah]

Thank you Amber,

I heard that If both parents are living with the child and they are partners to each other, the UKBA is more likely to refuse the application under Appnedix FM if neither parent is settled in the UK. The UKBA do not consider Article 8 of the ECHR in the same manner as the courts.

Therefore solicitor told me applying from PSW to FLR FP non british family likely to refuse. Please advise.

Thanks

[halifax8]

Hi Amber

I need your expert opinion and advise.

A friend is 7 months pregnant and on a 6 months tourist visa. Her partner is a settled person in the uk.
I know she can not switch from her visitors visa ..
Her visa hasn't expired though....Her partner lives here in the uk so they want to make application here in the uk rather than sending the baby and mum home to start a spousal application.

1. Can she make FLR (FP) application for leave to remain?
2. If her baby is born, can she make application with the baby, as the baby will be british citizen?
3. What application is best for this kind of situation?

Can anyone advice on the best application for her to apply. I know its not a straight application but i trust someone here can help.

You can share this post around.

[Amber]

Once her visit visa has expired an application for FLR(FP) would seem appropriate.

[halifax8]

Her visa hasn't expired it...

Is that the best option option Amber? if so then ill advise her to wait for it to expire and apply FLR(FP)
Can she still apply for the FLR (FP) whiles her visa hasn't expired?
Thanks

[Amber]

No, you can't apply for FLR(FP) if you're on a visit visa.

[halifax8]

Thank you very much....

She doesn't want to be an overstayer so I guess there's not much she can do.

[Zee ali]

Thank you Amber,

I heard that If both parents are living with the child and they are partners to each other, the UKBA is more likely to refuse the application under Appnedix FM if neither parent is settled in the UK. The UKBA do not consider Article 8 of the ECHR in the same manner as the courts.

Therefore solicitor told me applying from PSW to FLR FP non british family likely to refuse. Please advise.

Thanks

Yes your solicitor is right. HO won't give u leave under 7 year rule or Article 8. Try your luck in court.

Hope this helps