flr(fp) from in UK or flr(m) from outside

[flozo64]

Hi seeking advice for a flr(m) application.

I have just started claiming careers for my sister. My husband is from Pakistan, we have a 1 year old son and we applied for his spouse visa in 2012 which was refused and we went through first tier appeals, we were refused to appeal to upper.

Last year we decided instead of doing a judicial review we would apply for zambrano. We knew it would be refused but we wanted to gain time before I finish my exams in two months (June 2014). It was returned refused last month and we have appealed for now. We have no intention of my husband becoming illegal but after recently consulting a solicitor we were told he would be classed as an overstayer now.

We were considering applying for a flr(fp), however we are also considering whether my husband should return to Pakistan for us to apply for a flr(m).

I would like to know whether claiming carers would be seen as insurmountable obstacle or whether this would be a waste of time and money.

Also has anyone applied for a flr(m) outside the UK as an overstayer and been accepted?

Thanks

Antonia

[Amber]

You can not apply for leave to remain abroad, it would be leave to enter. I suggest you see a recent response (click) to a similar query where the member was receiving CA.

[flozo64]

Thanks for your reply, but I'm a little confused. Are you suggesting that my husband should return to his home country and apply for flrm as overstaying isn't a Mandatory reason for refusal?

Do you think the likelihood of succeeding flrm over flrfp is greater? Solicitors keep telling us flrfp is likely but I feel the insurmountable obstacles would be difficult to prove..

[Amber]

If you meet the requirements of adequate maintenance (click) and accommodation you should consider your spouse applying from abroad for leave to enter under Appendix FM. Did your solicitor not advise this?

[flozo64]

We do meet the maintainence requirement but the solicitor warned us that it would be risky to apply from outside after overstaying the original flrm the refusal. The solicitor assured us that it would be easier under flrfp inside the uk?

[Amber]

You shouldn't have an issue if you voluntarily leave the UK then apply from abroad under Appendix FM. Do note that FLR(FP) is not assured and it is a 10 years route to settlement.

In order to refuse under 320(11) there would need to be:

other aggravating circumstances, such as absconding, not meeting temporary
admission/reporting restrictions or bail conditions, using an assumed identity or multiple
identities, switching nationality, making frivolous applications or not complying with the re-documentation process

Perhaps you should enlighten your solicitor to rule 320(11).

[flozo64]

Thank you for this, I will phone my solicitor tomorrow. I don't mind how many years the route is, I just want to apply without a refusal this time.

[gaveen1]

Thank you for this, I will phone my solicitor tomorrow. I don't mind how many years the route is, I just want to apply without a refusal this time.

hey flozo64, what is your situation now? hope it got sorted.

[flozo64]

Hi

Zambrano has been refused through two appeals, so we are submitting flr(fp) this week. We have a good solicitor, he has been successful with a friend of ours application for flr(fp). I am working full time now too. The application should hopefully be back in a few months, if it's refused we are planning on ss, although this is the last case scenario. My son is now 14 months and we hope our case will be strong with the solicitor...

[Qaiser125]

hi @flozo64 have you been successful in visa?? i have the same situation need some advice...

[CR001]

http://www.immigrationboards.com/immigr ... l#p1096855

Alhamdulilah. 2 years and 2 months after originally applying my husband finally has a visa. The solicitor called today and our documents are on the way. Best of luck to you all.