FLR(FP) advice on form completion

[Eaustin]

Firstly I have checked the FAQs and done some searched but have not found the answer I am looking for. Apologies if this has previously been answered and happy to be directed to the correct discussion topic.

I am helping my sister-in-law to complete an application for further leave to remain. A brief summary of her case is as follows:

Malaysian citizen
Arrived on tourist visa 11.10.2004 and then overstayed
Married her partner (Malaysian who obtained British Citizenship in 2012)
Has one son born 23.10.2008 (British citizen)
Applied for leave to remain as partner - refused 21.10.2010
Applied for leave to remain as parent - granted 05.10.2012
They live together in a one-bedroomed council flat

Her letter states she has been granted leave within the immigration rules under EX.1 of Appendix FM. In order to qualify for settlement you must have completed a continuous period of at least 10 years in the UK on limited leave granted because of your Family Life as a parent if a child in the UK.

I assume the form to be completed to apply for further leave to remain is FLR(FM) and if so I would like advice on a couple of questions;

Section 3 asks about dependents applying with you. As her only child is already a British citizen I assume the answer to 3.1 is NONE

Section 8 - family life as a parent asks you to complete the name of the child as given in question 3.5 which has not been completed because I have answered no dependents.

Can someone please advise if I just enter the name in section 8 even though I have completed section 3.5. I just don't want to make any unnecessary mistakes.

Many thanks
eaustin

[Casa]

You're completing the wrong form. FLR(M) isn't applicable and FLR(FP) is for new applications under the 5 or 10 year route. As she already have transitional protection she should apply under FLR(O).

[Eaustin]

Casa - thank you for your reply.

I have just been looking at the guidance notes for FLR(O) and it says;

You must not use this form
• To make an application for Further leave to remain under Appendix FM of the Immigration Rules as a partner (10-year route), or a parent (5 year & 10 year routes), or under the Rules on the basis of your private life in the UK you must complete form FLR(FP)

This guidance seems quite clear to me. On the basis that FLR(O) is the correct form I would be grateful if anyone is able to answer my original question.

[Obie]

You're completing the wrong form. FLR(M) isn't applicable and FLR(FP) is for new applications under the 5 or 10 year route. As she already have transitional protection she should apply under FLR(O).

Why do you say FLR(FP) is wrong?

This person was issued in October 2012 , under the current rule 10 years parent route.

In those circumstances, it seems to me that FLR (FP) is the appropriate form to use as opposed to FLR (O) .

[kingin2015]

forget the section 3, and complete section 8 without hesitation. i am applying as a partner route with one british child. i have peo on wednesday.

[kingin2015]

forget the section 3, and complete section 8 without hesitation. i am applying as a partner route with one british child. i have peo on wednesday.

[Eaustin]

@Obie - thank you for your reply and confirming that FLR(FM) seems to be the correct form.

[Eaustin]

forget the section 3, and complete section 8 without hesitation. i am applying as a partner route with one british child. i have peo on wednesday.

Thanks for your reply. Can I ask what peo stands for? (sorry if it's obvious)

[kingin2015]

forget the section 3, and complete section 8 without hesitation. i am applying as a partner route with one british child. i have peo on wednesday.

Thanks for your reply. Can I ask what peo stands for? (sorry if it's obvious)

basically its a premium service for same day consideration on your application.

[kingin2015]

Firstly I have checked the FAQs and done some searched but have not found the answer I am looking for. Apologies if this has previously been answered and happy to be directed to the correct discussion topic.

I am helping my sister-in-law to complete an application for further leave to remain. A brief summary of her case is as follows:

Malaysian citizen
Arrived on tourist visa 11.10.2004 and then overstayed
Married her partner (Malaysian who obtained British Citizenship in 2012)
Has one son born 23.10.2008 (British citizen)
Applied for leave to remain as partner - refused 21.10.2010
Applied for leave to remain as parent - granted 05.10.2012
They live together in a one-bedroomed council flat

Her letter states she has been granted leave within the immigration rules under EX.1 of Appendix FM. In order to qualify for settlement you must have completed a continuous period of at least 10 years in the UK on limited leave granted because of your Family Life as a parent if a child in the UK.

I assume the form to be completed to apply for further leave to remain is FLR(FM) and if so I would like advice on a couple of questions;

Section 3 asks about dependents applying with you. As her only child is already a British citizen I assume the answer to 3.1 is NONE

Section 8 - family life as a parent asks you to complete the name of the child as given in question 3.5 which has not been completed because I have answered no dependents.

Can someone please advise if I just enter the name in section 8 even though I have completed section 3.5. I just don't want to make any unnecessary mistakes.

Many thanks
eaustin

Mate, how you got visa under parent route while being in relationship with same partner?

[Eaustin]

Firstly I have checked the FAQs and done some searched but have not found the answer I am looking for. Apologies if this has previously been answered and happy to be directed to the correct discussion topic.

I am helping my sister-in-law to complete an application for further leave to remain. A brief summary of her case is as follows:

Malaysian citizen
Arrived on tourist visa 11.10.2004 and then overstayed
Married her partner (Malaysian who obtained British Citizenship in 2012)
Has one son born 23.10.2008 (British citizen)
Applied for leave to remain as partner - refused 21.10.2010
Applied for leave to remain as parent - granted 05.10.2012
They live together in a one-bedroomed council flat

Her letter states she has been granted leave within the immigration rules under EX.1 of Appendix FM. In order to qualify for settlement you must have completed a continuous period of at least 10 years in the UK on limited leave granted because of your Family Life as a parent if a child in the UK.

I assume the form to be completed to apply for further leave to remain is FLR(FM) and if so I would like advice on a couple of questions;

Section 3 asks about dependents applying with you. As her only child is already a British citizen I assume the answer to 3.1 is NONE

Section 8 - family life as a parent asks you to complete the name of the child as given in question 3.5 which has not been completed because I have answered no dependents.

Can someone please advise if I just enter the name in section 8 even though I have completed section 3.5. I just don't want to make any unnecessary mistakes.

Many thanks
eaustin

Mate, how you got visa under parent route while being in relationship with same partner?

I have just quoted what her letter states. I will ask her to see if I can get some further information.

[Eaustin]

@kingpin2015 looking in a little more detail the form states

If you are applying on the basis of your family life as as the parent of a child in the UK on the 10 year route… I think this is the section that is relevant to my sister-in-law, she is not applying as a single parent of a child in the UK. I did not complete the original application and she doesn't have a copy of it for me to refer to.

[Eaustin]

I have an additional question about her application in section 5 - finances

Her partner has access to public funds (child benefit, working tax credit) so I have answered yes to question 5.9. Below this question it ask which funds are being received if you have answered yes to question 5.6.
If she is working and you tick these categories will it somehow be deemed she has recourse to public funds?
If she is not working do I leave all these boxes blank?

Thanks again for any advice
eaustin

(these forms are complicated to a relatively well educated UK citizen whose native language is English, for people who English is a second language they have my sympathy)

[kingin2015]

I have an additional question about her application in section 5 - finances

Her partner has access to public funds (child benefit, working tax credit) so I have answered yes to question 5.9. Below this question it ask which funds are being received if you have answered yes to question 5.6.
If she is working and you tick these categories will it somehow be deemed she has recourse to public funds?
If she is not working do I leave all these boxes blank?

Thanks again for any advice
eaustin

(these forms are complicated to a relatively well educated UK citizen whose native language is English, for people who English is a second language they have my sympathy)

no mate, you tick all the public funds which are being claimed from that list Regardless your employment.

[Obie]

I have an additional question about her application in section 5 - finances

Her partner has access to public funds (child benefit, working tax credit) so I have answered yes to question 5.9. Below this question it ask which funds are being received if you have answered yes to question 5.6.
If she is working and you tick these categories will it somehow be deemed she has recourse to public funds?
If she is not working do I leave all these boxes blank?

Thanks again for any advice
eaustin

(these forms are complicated to a relatively well educated UK citizen whose native language is English, for people who English is a second language they have my sympathy)

You should seek legal assistance if experiencing difficulty.

Certain section of the form does not apply to you , as the form covers different categories of cases.

[Eaustin]

@Obie - thank you for your reply. I am trying to avoid my sister-in-law incurring unnecessary legal costs by assisting her to complete the necessary form. It's just that some things on the form seem to contradict themselves, hence seeking clarification on here first.

Thanks again
eaustin

[Eaustin]

English Language Requirement

The form states - if you are applying for an extension of leave on the basis of family life as a parent of a child in the UK, you need to show that they can speak and understand English.

Can I confirm that the requirement is to show that the child speaks and understands English.

Thanks
eaustin

[Eaustin]

I was clearly having a senior moment.

Is the requirement to demonstrate the ability to speak and understand English needed for a further leave to remain or at the point of applying for settlement?

Thanks
eaustin

[Eaustin]

The applicant (my sister-in-law) lives with her husband and son (both British citizens). She applied for leave to remain as a parent and was granted under EX.1 of Appendix FM.

When completing the form FLR(FP) under family life as a parent (10 year route) which of sections 7 and 8 need to be completed?

Any advice gratefully received.

[Eaustin]

You should seek legal assistance if experiencing difficulty.

Certain section of the form does not apply to you , as the form covers different categories of cases.

I have concluded that I need some professional assistance to complete this form. Can someone recommend where I might get this from?

I live in Chester but my sister-in-law (applicant) lives in Camden, London. I/we need someone to review the form to make sure all the relevant sections have been correctly completed.

Thanks

[Alzee]

Hi anyone or if Eaustin could reply to this query please.

Dear Eaustin, did you fill section 3 and section 8 in your first FLR (FP) application as a parent of British citizen child?

I have got two daughters aged 5 and 3 both are BR citizens and their father is settled in UK however not free from his first marriage therefore can not apply as partner under 10 years route.

If you could advise for the correct form.

Thanks and kind regards