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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
How much is the fees?kingin2015 wrote:hi everyone,
Just to let you know, i had peo today and visa was granted. Background-
Came to the UK 2009
extended several times as a tier 4 and recent was valid until feb 2015.
started relationship with british citizen 2012
got married in 2014 and we have a year old Son together who is british
Booked same day service , croydon peo
applied 14-01-2015
granted 14-01-2015
Applied as family life as a partner 10 years route but granted as family life as a parent 10 year route.
Cheers
kingin2015 wrote:hi everyone,
Just to let you know, i had peo today and visa was granted. Background-
Came to the UK 2009
extended several times as a tier 4 and recent was valid until feb 2015.
started relationship with british citizen 2012
got married in 2014 and we have a year old Son together who is british
Booked same day service , croydon peo
applied 14-01-2015
granted 14-01-2015
Applied as family life as a partner 10 years route but granted as family life as a parent 10 year route.
Cheers
kingin2015 wrote:hi everyone,
Just to let you know, i had peo today and visa was granted. Background-
Came to the UK 2009
extended several times as a tier 4 and recent was valid until feb 2015.
started relationship with british citizen 2012
got married in 2014 and we have a year old Son together who is british
Booked same day service , croydon peo
applied 14-01-2015
granted 14-01-2015
Applied as family life as a partner 10 years route but granted as family life as a parent 10 year route.
Cheers
[b]clearly dont qualify under E-LTRPT 2.3[/b] wrote: E-LTRPT.2.3. Either
-
(a)the applicant must have sole parental responsibility for the child or the child normally
lives with the applicant and not their other parent (who is a British Citizen or settled in
the UK);or
(b)the parent or carer with whom the child normally lives must be
-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in
a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner
under this Appendix.
How much is the fees?kingin2015 wrote:hi everyone,
Just to let you know, i had peo today and visa was granted. Background-
Came to the UK 2009
extended several times as a tier 4 and recent was valid until feb 2015.
started relationship with british citizen 2012
got married in 2014 and we have a year old Son together who is british
Booked same day service , croydon peo
applied 14-01-2015
granted 14-01-2015
Applied as family life as a partner 10 years route but granted as family life as a parent 10 year route.
Cheers
Hi Obie, thanks for your concern. But it doesnt work like the way you thinking. How it works is--------Obie wrote:Hikingin2015 wrote:hi everyone,
Just to let you know, i had peo today and visa was granted. Background-
Came to the UK 2009
extended several times as a tier 4 and recent was valid until feb 2015.
started relationship with british citizen 2012
got married in 2014 and we have a year old Son together who is british
Booked same day service , croydon peo
applied 14-01-2015
granted 14-01-2015
Applied as family life as a partner 10 years route but granted as family life as a parent 10 year route.
Cheers
You will encounter difficulty next time you renew this leave.
You are precluded from qualifying under the Parent route if you qualify under the family route.
It was wrong for them to issue under the parent route as you do not qualify for it.
You will have difficulty when you seek to renew it.
[b]clearly dont qualify under E-LTRPT 2.3[/b] wrote: E-LTRPT.2.3. Either
-
(a)the applicant must have sole parental responsibility for the child or the child normally
lives with the applicant and not their other parent (who is a British Citizen or settled in
the UK);or
(b)the parent or carer with whom the child normally lives must be
-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in
a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner
under this Appendix.
yes you can unless your case is extremely complected. All flr fp application with straightforward case can use premium service.Shondra Sharma wrote:@kingin2015 can I go premium service to extend dlr visa?
kingin2015 wrote:
Hi Obie, thanks for your concern. But it doesnt work like the way you thinking. How it works is--------
when you apply under partner 10 year route with british child, you get visa based on your british child rather than your british wife Unless you are applying without british child and there is insurmountable obstacle, then you will get under partner route. Once there is british child involves you will get your leave under parent of a british child Not british partner. Hope this helps.
You are correct. what is missing from you ar you not aware of is that-----Obie wrote:kingin2015 wrote:
Hi Obie, thanks for your concern. But it doesnt work like the way you thinking. How it works is--------
when you apply under partner 10 year route with british child, you get visa based on your british child rather than your british wife Unless you are applying without british child and there is insurmountable obstacle, then you will get under partner route. Once there is british child involves you will get your leave under parent of a british child Not british partner. Hope this helps.
I don't share that view at all.
Family life under the partner provision differs from family life as a Parent.
Exception 1 is not a standalone provision, as the court has stated.
It simply provides exception to certain requirement for the Parent or Partner route if certain no mandatory requirements aren't met.
In your case, you probably don't meet the financial requirement or the immigration status requirement or the English language requirement.
In those Circumstances, you will be exempted if EX 1 apply in your case. That is, you have a genuine parental relationship with a child who is under 18 , a british or has lived here for 7 years or more.
or the insurmountable obstacle in a Partner relocating.
However, it remains the case that your application is as a partner, but you are exempted due to the fact that you have a child who is British and settled.
Actually it does look caseworker has made a mistake while granting me leave. But i still can extend under family life as a partner Can't I ??? thanksObie wrote:I already addressed that. A person cannot be granted leave under EX1.
EX1 only provides exemption to certain non mandatory requirements of the rules.
My view is based on the case of Sabir below. It appears you and the Caseworker have misconstrued the law.
http://www.bailii.org/uk/cases/UKUT/IAC ... 63_iac.pdf
Nothing prevents you from using premium route if your application is straightforward.Shondra Sharma wrote:@obie could you please tell me can I go for a premium service to extend my leave to remain?
My child become 10yrs on oct15 and he is birtish born and we overstay since 2012 . My previous appliction based on my child continously lived 7yrs in uk was refused and i have a hearing in mar15 can i get stay esaliy when i will applie flr(fp) after my son get citizenship.Shondra Sharma wrote:@obie I got a 2.5 years leave to remain under the exceptional circumstances(both overstayers but child is British under born and lived in uk for 10 years category). Can I use a premium service to extend my leave(10 year route settlement)?
Hi@obie in my case can I go to premium service to extend my leave to remain after 2.5 years?Obie wrote:Nothing prevents you from using premium route if your application is straightforward.Shondra Sharma wrote:@obie could you please tell me can I go for a premium service to extend my leave to remain?
Shondra Sharma wrote:@7yearchild I think it should work when your child got a british citizenship, in our case it worked, all refusal and disallow appeal finally when our child got a british citizenship (child born and lived for first 10 years in uk category), applied flr (fp) application, home office granted us within a 2 months. Best of luck. Make sure don't involve any criminal convinction, If you don't have any criminal conviction, possibly you and your partner will be granted. Even now you and your partner are a very strong position because your child born here and full time education, nearly 10 years, your child only home is uk. Don't waste too much money with solicitor, now you can solve this out, solicitor doesn't do any magic, because you are in strong position, its a matter of time you and your partner will get a stay soon. God bless.