FLR(M) refused but aligible for ILR 10 years route

[rumise]

Hi,

My system-in-law's FLR(M) application refused after one and half years. (Home Office refused application based on English Language course though is worked here as English interpreter). Now the appeal is refused as well but she is in UK for over 10 years. Now we can't apply for FLR(M) because my Brother is become a self employed and and yet have to submit tax returns or other things. Now we don't know what to do. My brother thinks to send her back home wait until hes documents done.

My question is can we submit ILR application based on 10 years route now? though her last visa application took over one and half years and refused holds her passport.


any advice will be greatly appreciated.


Many Thanks
rumise

[Amber]

What is her current status?

[rumise]

thank you amber,

she was on dependent visa, which expired over a year ago (during the FLR(M) application process),My brother got ILR in 2012. We applied FLR(M) in mid 2012 which refused in Nov2013 then two appeal been made, final appeal refused last month. Her 10 years completed in March 2014.

[Amber]

So how long exactly has she been without valid leave? Who did the appeal? You should have informed the tribunal 10 years had completed! SET(LR)/FLR(LR) must be submitted within 28 days of the appeal determination if she doesn't have valid leave!

[rumise]

Amber, thank you very much for reply. let me explain how things happened and what is her status.

• she was on Valid Dependent Visa before mid 2012.
  After My brother got ILR in 2012, they decided to put FLR(M) application for her.
  Application submitted in Oct 2012. Her Dependent visa expired in Dec 2012.
  Home office refused FLR(M) visa application in Oct 2013 based on English language certificate (She provided higher level of certificate than needed and that was not in their list)
  Appeal launched straight away and the first hearing was in Dec 2013, court extended the proceeding for 2nd hearing till March 2014.
  Appeal rejected in March 2014.
  Her Long Residency (10 years) completed in March 2014.
  In April we have challenged the court decision in tribunal which accepted and they sent the case back to another Judge to review the first court decision.
  Hearing completed in June 2014 and we got court refusal decision on 3rd of July 2014.

decision says, you can submit a fresh FLR(M) application or you can challenge this decision in court of appeal.

Now we are going to submit ILR Extended application based on long residency route. (she haven't done Life in UK Test yet and we don't have enough time to wait.)

My Only Question is that is she eligible to Apply for FLR(LR) ?


thanks
Rumise

[sunnysomerset]

Your case sounds quite complicated. It seems your sister-in-law has been living here without leave for several months, is that correct?
OR has that been during this appeals process?

[rumise]

Your case sounds quite complicated. It seems your sister-in-law has been living here without leave for several months, is that correct?
OR has that been during this appeals process?

I think when you application is in process, your status remain the same previous.