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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Congratulations on being granted leave to remain. Your situation sounds similar to my sister-in-law who applied as a partner but was granted leave as a parent of a British child under the 10 year route.kingin2015 wrote:hello all
i extended my leave (Same day service) yesterday family life as a partner with british child but they granted me as parent of a british child 10 years route. when i will extend my leave In which catagory i have to extend then? thanks
Is it a new way of home office to trap applicants?
No dont need english language for extention. Some people are saying it may cause problem when exteding because of granted as parent not partner. Did u enquire home office for why they granted as parent while applying as a partner.Eaustin wrote:Congratulations on being granted leave to remain. Your situation sounds similar to my sister-in-law who applied as a partner but was granted leave as a parent of a British child under the 10 year route.kingin2015 wrote:hello all
i extended my leave (Same day service) yesterday family life as a partner with british child but they granted me as parent of a british child 10 years route. when i will extend my leave In which catagory i have to extend then? thanks
Is it a new way of home office to trap applicants?
Do you know if there is any requirement for a formal assessment of your English skills when submitting subsequent FLR applications?
yes actually i am worried about the trouble i could face when extending after 30 months. I will wait until i get my brp and see what it says , i have only saw the reply page from them. Then i probably enquire to home office about it if brp says leave as a parent.SoHopeful wrote:If you didn't receive the visa you applied for then you should query it to prevent any issues/complications at renewal.
thanks for your reply.Obie wrote:The Secretary of State is bound by the rules as much as an applicant.
If the rules say a parent cannot qualify as a parent under the rules if the are in a relationship with the mother and will be entitled to apply as a partner, then the Secretary of State has no discretion in the matter to act contrary to the law.
What do you think on this-------- decision was correct to grant me but the letter was issued on the wrong decision notice template.Obie wrote:It seem to me based of what you have shared with us, that you should not encounter difficulty succeeding under the partner route.
The difficulty is, with over the counter cases, there is little time to seek guidance from a senior caseworker.
The officer that granted materially misdirected him or herself in law.
There is no doubt in my mind, that you are not eligible for success under the patent route, as you do not meet any of the criteria under the parent route.
Thanks for your reply. . but my only concern is that they have granted me as a parent and iam with my partner, so when i will extend in 2.5 years , Will they ask me how i got leave as a parent while i was with my partner??Choc-Ice wrote:10 years route FLP LTR..You can always switch when you meet/fufil the requirement for the 5 year route! The card doesn't specify on the front or back but it contains your data and reason why they granted you anyways.
I got same grant under same scenario to yours last year don't really bother me..Flew into Bristol Airport from Spain few months back and immigration officer didn't ask any question apart from why I didn't jump the que and go to NON-EU..
Just want a clarification on this, if I'm in a relationship with my child's dad, they will consider the application as 'partner' and not the 'parent' one? Because I know the partner route I can't qualify due to finance requirementsObie wrote:The Secretary of State is bound by the rules as much as an applicant.
If the rules say a parent cannot qualify as a parent under the rules if the are in a relationship with the mother and will be entitled to apply as a partner, then the Secretary of State has no discretion in the matter to act contrary to the law.
E-LTRPT.2.3 wrote: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.
We too now find ourselves in a similar position and hope that our experience proves of value to others. I too am very cynical about this apparent error and worry about the knock on effects which are very difficult to predict.kingin2015 wrote:hello all
i extended my leave (Same day service) yesterday family life as a partner with british child but they granted me as parent of a british child 10 years route. when i will extend my leave In which catagory i have to extend then? thanks
Is it a new way of home office to trap applicants?
You have tagged your post onto a topic started in 2015 and which was last visited a year ago. It would be best if you started your own topic with your circumstances as it would prevent confusion when members respond in an old topic and you will get advice specific to your situation.alex82 wrote:Is there anyone else going through this at the moment or with experience of having fought this fight already?
Understood, will do. Thank you.CR001 wrote:You have tagged your post onto a topic started in 2015 and which was last visited a year ago. It would be best if you started your own topic with your circumstances as it would prevent confusion when members respond in an old topic and you will get advice specific to your situation.alex82 wrote:Is there anyone else going through this at the moment or with experience of having fought this fight already?