Applied as a partner but granted as a parent 10 year route.

[kingin2015]

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?

[Eaustin]

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?

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.

Do you know if there is any requirement for a formal assessment of your English skills when submitting subsequent FLR applications?

[SoHopeful]

If you didn't receive the visa you applied for then you should query it to prevent any issues/complications at renewal.

[kingin2015]

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?

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.

Do you know if there is any requirement for a formal assessment of your English skills when submitting subsequent FLR applications?

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.

[kingin2015]

If you didn't receive the visa you applied for then you should query it to prevent any issues/complications at renewal.

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.

Will my granted leave turn down if i ask them why this happened and ask them to grant me as a partner?? thanks

[Obie]

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.

[kingin2015]

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.

thanks for your reply.
So do you think this is a big mistake from caseworker? how the hell he didnt think before typing you have satisfied bla bla bla a b and d of LTRPT, which is of course sole responsibility of child and so on..

how i can rectify this mistake. Is there any chance of not grant me as a partner if i inquire them about it to home office. I am scared to speak to them about it.
Please suggest.

[Obie]

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.

[kingin2015]

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.

What do you think on this-------- decision was correct to grant me but the letter was issued on the wrong decision notice template.

I should get BRP tomorrow or wednesday, then everything will be clear. Whether caseworker was stupid to grant me on wrong route OR he mistakenly typed wrong route.
#FINGER CROSS for BRP with correct route

[kingin2015]

Hello all,
I recently granted flr fp. i applied as a partner but strangely granted as a parent 10 years route.(by the way i have found one member in this forum also granted as a parent when he actually applied as a partner ). i dont know whats this all about.
And today i received my BRP and it doesnt say ANY ROUTE just says leave to remain.
Its something like this--------------

name
xxxxxxxx
valid until
10-08-2017
place and date of issue
UK 21-01-2015
type of permit
LEAVE TO REMAIN
remarks
WORK PERMITTED




In my view, in type of permit should be something .... then leave to remain .
For example-
type of permit
Spouse/Partner
leave to remain

what do you all make out of this situation . Thanks

[Choc-Ice]

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..

[kingin2015]

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..

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??

But the fact is i applied as a partner and their reply letter says thank you for applying as a parent. How that is possible ??
thanks

[Choc-Ice]

Hi,

I understand where your coming from..I won my appeal in both First and Upper tribunal as I applied under unmarried partner and still got the same thing after fighting for about 2 years..

When its time for renewal, you can either go for 5 years or just stay on the 10 years route! You don't have any problem mate..Life could be worse! Trust me I fought this people for 2 years, you don't want to go down the route! enjoy ur freedom.

[julian1972]

You were granted on the basis of right to private and family life (Article which put you on the 10 year route. Article 8 rights includes the relationship you have with both your partner and child. Whether you were granted on the basis of your relationship with your partner or as a parent, you would still have got the type of visa you were granted.

[kingin2015]

Cheers guys, your feedback relaxed me a bit

[sinito]

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.

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 requirements

[harry88]

hi kingpin n all

me too. applied as partner but granted parent
10 year

[angie84]

Hiii,

Can I be granted leave as parent on the 10years route if I'm married to my partner ?

[vinny]

No, as E-LTRPT.2.3 fails?

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.

[angie84]

Thanks for the reply.
I've got another question,is native law and custom valid in the uk if I'm applying for 10years partner route and also using a child for the application

[angie84]

Native law and custom marriage certificate ?

[alex82]

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?

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.

My first action was to write (recorded delivery) to the case worker directly to request the decision be reconsidered and explaining why it should be. They did not reply.

We then applied for an administrative review. After 28 days they replied to tell us that we were not eligible for an administrative review.

I just called the home office and they suggested complaining and/or seeking legal advice. I will start with the former and update you all in due course.

[alex82]

Is there anyone else going through this at the moment or with experience of having fought this fight already?

[CR001]

Is there anyone else going through this at the moment or with experience of having fought this fight already?

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]

Is there anyone else going through this at the moment or with experience of having fought this fight already?

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.

Understood, will do. Thank you.