Help needed. 3 months short of 10 yrs

[hazmalik]

Hey guys. I complete my 10 yrs on 25th jan 2015
which means i can apply on 28th dec 2014.issue is that my current leave expires on 12th sep.. I dont qualifu for tier 1 or tier 4.. Whats the best way for me to complete these 3 months .. ??? Many thanks in advance

[Obie]

You may need to apply under the private life route and vary it to ILR, if a decision is not made before before December 28.

I wish you all the best.

[hazmalik]

thanks for ur reply..
private life meaning FLR FP ? if i get a refusal and appeal my case whats the best option to apply for ilr? withdraw my appeal and apply a fresh ilr application with 28 days or wait till my hearing and add further details to my case??

[Obie]

You may be able to , but the government has severely curtailed the rights of appeal.

Hopefully a decision will not be made swiftly.

[hazmalik]

so there is a possiblity i wont get a right of appeal

[Obie]

It will all depend on the facts of your case and the submission made.

Appeal is severely restricted now are days to 4 from 17.

Whereas before a person is entitled to appeal if as a result of the immigration decision they are left without a right of appeal, this does not exist any more.

[Zee ali]

so there is a possiblity i wont get a right of appeal

U will get an appeal right if u put flr fp private life Article 8 application.

New Appeal rules wont apply on asylum, human rights and ILR curtailment decisions

So put flr fp and delay your bio ad if u get decision before completing 10 years u will get right of appeal

[Obie]

so there is a possiblity i wont get a right of appeal

U will get an appeal right if u put flr fp private life Article 8 application.

New Appeal rules wont apply on asylum, human rights and ILR curtailment decisions

So put flr fp and delay your bio ad if u get decision before completing 10 years u will get right of appeal

ILR curtailment will not be subject to appeal unless a human right grounds is raised, and the Secretary has power to certify a claim.

Whereas before an appeal is automatic if as a result of the decision the person is left without a leave, it is not exactly the case now.

[hazmalik]

thanks for your replies .. its really helpful for me and others..
@zee ali i was thinking the same of postponing the biometrics .. i have seen ur post as well .what supporting documents have u provided them??aslo shud i use solicitor ??. is it wise for me to ignore the first biometric letter and email homeoffice that i have never received the biometric letter to delay the process..?? many thanks in advance

[Zee ali]

thanks for your replies .. its really helpful for me and others..
@zee ali i was thinking the same of postponing the biometrics .. i have seen ur post as well .what supporting documents have u provided them??aslo shud i use solicitor ??. is it wise for me to ignore the first biometric letter and email homeoffice that i have never received the biometric letter to delay the process..?? many thanks in advance

i used solicitor just for safe side and pay by postal order.

i applied with 3 dependents so child birth certificate, all bills, nhs letters, child school letters, 6 to 7 reference letters from British relatives and friends along with their passport copies.

I gave bio on last date on first bio letter, i didn't take risk. Its up to u how much risk taking ability u have . But end of the day it's the matter of 10 years.

U r short of 3 months but HO refuse your flr fp in 2 months time. if u ignore your first bio than u can kill 3 months. But my solicitor said u can ignore first letter but its your decision and choice. Don't blame me if they don't send u second one or second one lost in post.

He said some times HO give u flr fp decision without Bio enrollment.

[Obie]

There is one opportunity to vary, so it is advisable to do it properly. If you are unclear it may be advisable to seek legal assistance.

Please don't avoid the biometric letter. They could simply make a decision without it or refuse you application as invalid for failing to take it.

If you raise private and family life issue, you will obtain a right of appeal as you would have spent 10 years in a lawful capacity in the UK, so it will be hard for them to say you have an unfounded claim. Even if they say so, it can be challenged easily.

Try to do everything straight, lying will be counterproductive to your application.

[hazmalik]

Thabks Zee Ali .. U r a legend . May Allah help u
in ur case ..

[hazmalik]

Thanks OBIE for ur informative information.. I will get it done theough a solicitor as i dont want to take any risk .. Many thanks

[Obie]

Make sure you check out the reputation of the solicitor aswell, as some of them can cause more harm than good for clients..

[UKBA HUNTER]

Yes be extra careful before relying on solicitor. Recently one of my friend went to a solicitor office few days ago and he met one person dealing people and the same person he seen few days ago working in kebab shop grill. Both surprised to see each other.

[hazmalik]

Lol.. But thanks for the heads up.. Most probably ill be going with aman solicitors in birmingham .. Few of my mates have been dealt by him .. So far there is a good feed back but ill b the judge of that when i see him bexg week ..

[hazmalik]

Hi guys,
I had a meeting with my solicitor . Everything is fine and i am gna apply flr fp but one thing the solicitor said was if i get refused they might issue me a removal notice.. How true is that?? I know solicitors try to be honest but any off you had heard abt this .. Getting removal noctice on the refusal of FLR fp ????

[Olasunkanmi]

.

[Olasunkanmi]

@ hazmalik, getting a removal notice with your refusal letter is not much an issue as HO do issue removal notice with most refusals even with appeal right.

Its just a standard way of their one stop approve to combine cases so that a judge can easily decide on removal if the appeal get turn down rather than HO issuing a separate removal notice which will also attract another appeal right.

Make sure that your solicitor raise article 8 human right with your private life, which will automatically give you the right of appeal if the FLR(FP) application get refused.

You have a very easy case, so don't stress yourself out.

[hazmalik]

Thanks for your help mate .. Really appreciate it !!

[hazmalik]

i have drafted a cover letter for my flr fp private life .. please check and let meknow if i have covered everything thaknks

To Whom May it Concern

Dear Sir/Madam,
I am applying for discretionary leave under FLR (FP) Private Life on the basis that I have been living legally in United Kingdom since January 2005. I was only 19 when I came here and lived my entire adulthood hood in England. Since I came to UK I only had been to my home country twice in 9 years and 9 months. Last time it was in 2008 I went back to Pakistan. Reason being I don’t have any family ties left back home. My father has already passed away. My siblings are married and got their own lives and we are not on speaking terms. I have no family or business interest left in going back to my home country. If my visa gets refused I believe it will violate my human rights for private life under article 8 of human rights, also it will leave a huge impact on my personality and personal life as I believe I am very well integrated into British way of life. I have done my degrees from British institutions. Currently I hold Post Study Work Visa which is expiring on 12th September 2014. I feel like an integral part of British life now and would highly appreciate if you could acknowledge my visa application and grant me discretionary leave
I have enclosed all the relevant documents ensuring my legal stay in the UK.
Yours sincerely,

Hasnain tariq

[hazmalik]

i have drafted a cover letter for my flr fp private life .. please check and let meknow if i have covered everything thaknks

To Whom May it Concern

Dear Sir/Madam,
I am applying for discretionary leave under FLR (FP) Private Life on the basis that I have been living legally in United Kingdom since January 2005. I was only 19 when I came here and lived my entire adulthood hood in England. Since I came to UK I only had been to my home country twice in 9 years and 9 months. Last time it was in 2008 I went back to Pakistan. Reason being I don’t have any family ties left back home. My father has already passed away. My siblings are married and got their own lives and we are not on speaking terms. I have no family or business interest left in going back to my home country. If my visa gets refused I believe it will violate my human rights for private life under article 8 of human rights, also it will leave a huge impact on my personality and personal life as I believe I am very well integrated into British way of life. I have done my degrees from British institutions. Currently I hold Post Study Work Visa which is expiring on 12th September 2014. I feel like an integral part of British life now and would highly appreciate if you could acknowledge my visa application and grant me discretionary leave
I have enclosed all the relevant documents ensuring my legal stay in the UK.
Yours sincerely,

Hasnain tariq

[Zee ali]

i have drafted a cover letter for my flr fp private life .. please check and let meknow if i have covered everything thaknks

To Whom May it Concern

Dear Sir/Madam,
I am applying for discretionary leave under FLR (FP) Private Life on the basis that I have been living legally in United Kingdom since January 2005. I was only 19 when I came here and lived my entire adulthood hood in England. Since I came to UK I only had been to my home country twice in 9 years and 9 months. Last time it was in 2008 I went back to Pakistan. Reason being I don’t have any family ties left back home. My father has already passed away. My siblings are married and got their own lives and we are not on speaking terms. I have no family or business interest left in going back to my home country. If my visa gets refused I believe it will violate my human rights for private life under article 8 of human rights, also it will leave a huge impact on my personality and personal life as I believe I am very well integrated into British way of life. I have done my degrees from British institutions. Currently I hold Post Study Work Visa which is expiring on 12th September 2014. I feel like an integral part of British life now and would highly appreciate if you could acknowledge my visa application and grant me discretionary leave
I have enclosed all the relevant documents ensuring my legal stay in the UK.
Yours sincerely,

Hasnain tariq

if your visa is expiring tomorrow what r u doing here sharing draft letter which is not important than to apply in time. U should send your case by 10th september.