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FLR (FP) been refused with no Appeal right & leave UK now

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quantum1
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by quantum1 » Sun Jun 21, 2015 11:30 am

I think it's better to go for administrative review. Then your time during that period will be counted as lawful stay. Please note that you are now an overstayer. Any application you make will not help you as it will not add to your period of lawful stay. The best thing is to try and increase your period of lawful stay until you achieve 10 years and the apply for set lr. The only way to do that is administrative review.

If this is not an option, apply for a visa, and get that visa. Only apply for set lr when you have valid leave. Everything else is waste of money and effort. All IMHO of course
The author of this post is not an immigration expert. Any statements made are commentary personal opinions and should not be construed as advice.

vinny
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by vinny » Sun Jun 21, 2015 2:04 pm

If you made an in-time valid application, then you may extend your leave by pursuing an in-time AR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Zee ali
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by Zee ali » Sun Jun 21, 2015 8:07 pm

vinny wrote:If you made an in-time valid application, then you may extend your leave by pursuing an in-time AR.
@Vinny

The OP was not given right of appeal even though his application was flr fp. AR is for PBS applications. Kindly throw some light
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

vinny
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by vinny » Sun Jun 21, 2015 9:33 pm

From 6 April 2015, rights of appeal for non-PBS applications were replaced with rights of AR.

Looking back, if the FLR(FP) was made prior to 28 March 2015, then I think there should have been a right of appeal.

When was the FLR(FP) made? I cannot imagine why the OP would have applied out-of-time?

If it was out-of-time, then there would have been no rights of appeal, nor rights of AR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Zee ali
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by Zee ali » Mon Jun 22, 2015 12:46 am

vinny wrote:From 6 April 2015, rights of appeal for non-PBS applications were replaced with rights of AR.

Looking back, if the FLR(FP) was made prior to 28 March 2015, then I think there should have been a right of appeal.

When was the FLR(FP) made? I cannot imagine why the OP would have applied out-of-time?

If it was out-of-time, then there would have been no rights of appeal, nor rights of AR.
My student visa expired on 28th March 2015.I was looking to apply ILR 10 year so i was short of 5 months so thats why i applied FLR (FP) on 25th March 2015.

OP applied in time and before 28th march 2015
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

vinny
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by vinny » Mon Jun 22, 2015 12:50 am

Thanks.

Then perhaps OP should challenge their denial of his rights of appeal by appealing directly, preferably within the time limits.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tajammul77
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by tajammul77 » Mon Jun 22, 2015 4:08 am

vinny wrote:Thanks.

Then perhaps OP should challenge their denial of his rights of appeal by appealing directly, preferably within the time limits.

@ Vinny

The rules clearly say that the following applicants will get right of appeal rather than AR even after 6 April 2015. If u read the last paragraph...so why didnt d3thmark get right of appeal

Decisions eligible for administrative review in the United Kingdom:

(c) A decision on an application for leave to remain made under these Rules on or
after 6th April 2015 unless it is an application as a visitor, or where an application
or human rights claim is made under:

(i) Paragraph 276B (long residence);
(ii) Paragraphs 276ADE(1) or 276DE (private life);
(iii) Paragraphs 276U and 276AA (partner or child of a member of HM Forces);
(iv) Paragraphs 276AD and 276AG (partner or child of a member of HM Forces)

where the sponsor is a foreign or Commonwealth member of HM Forces
and has at least 4 years’ reckonable service in HM Forces at the date of
application;

(v) Part 8 of these Rules (family members) where the sponsor is present and
settled in the UK (unless the application is made under paragraphs 319AA
to 319J of these Rules, or under paragraph 284, 287, 295D or 295G where
the sponsor was granted settlement as a Points Based System Migrant) or
has refugee or humanitarian protection status in the UK;

(vi) Part 11 of these Rules (asylum);

(vii) Part 4 or Part 7 of Appendix Armed Forces (partner or child of a member of
HM Forces) where the sponsor is a British Citizen or has at least 4 years’
reckonable service in HM Forces at the date of application;

(viii) Appendix FM (family members), but not where an application is made under
section BPILR (bereavement) or section DVILR (domestic violence),

in which case the appropriate remedy is an appeal under section 82 of the
Nationality, Immigration and Asylum Act 2002 rather than an application for
administrative review.

d3thmark
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Mon Jun 22, 2015 4:18 am

Thats true i applied on time before my visa got expired (28th March) and still i didn't get the appeal right even my lawyer is shocked i didn't get any appeal right.. (they gave me right to appeal outside from UK).
I guess i dnt have that much time and i m thinking to buy some 1.5 months time by applying FLR fp again.. that is the only hope i have, could you guys show some light on this below heading i got on the refusal letter.

Liability for Removal:

If you wish to seek legal advice you must do so now. You will not be removed for the first five working days after you receive this notice. Depending on your circumstances you may not receive further notice before enforcement action begins.


I am just worried by these words above, that is why i am confused about when should i apply new fresh application because every one been telling me i can apply in 28 days from the letter issued (15th June). I received the letter on the 18th June.

my lawyer told me to apply ASAP but i want to know from your knowledge and experience, when should i be applying for the fresh application FLR fP ?

Thanks

vinny
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by vinny » Mon Jun 22, 2015 4:38 am

The caseworker doesn't determine who gets the right of appeal and where this right may be exercised. It's the relevant legislation.

Rather than just being shocked by the caseworker's denial of an in-country's right of appeal under 92(2) and 82(2)(d), did your lawyer check whether the caseworker was mistaken or not?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

d3thmark
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Mon Jun 22, 2015 4:48 am

thats what my lawyer applied and wrote in a cover letter for me..

In line with our client’s instructions, we wish to submit duly completed form FLR (FP) version 11/2014 on the following basis:-
1. Discretionary leave to remain in the United Kingdom on the basis of exceptional and compassionate circumstances and Article 8 of the European Convention on the Human Rights (ECHR) 1950;
2. Compassionate & Compelling circumstances
3. Supporting documents.
Special request:We have been instructed to make an application for Discretionary Leave to Remain in the United Kingdom, based on human rights grounds, private life and other Compassionate and humanitarian grounds as listed herewith.


now tell me your verdict about my appeal right..the caseworker was fair with me ?

tajammul77
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by tajammul77 » Mon Jun 22, 2015 4:57 am

it seems that case worker made a wrong decision by not giving u in country right of appeal. U should discuss with ur lawyer whether he can raise this error or not

d3thmark
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Mon Jun 22, 2015 5:19 am

I am gona see my lawyer today and gona speak about it, i am thinking to collect my documents and apply for my FLR fp on my own with new and counter grounds from refusal letter..

tajammul77
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by tajammul77 » Mon Jun 22, 2015 5:28 am

I just went through right of appeal document...it says Human rights claim made while the claimant is in UK (and certified under section 94 or 94B), u will get out of country appeal.

your human right claim was certified under section 94 thats y u got out of country appeal...check the document page 20

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

d3thmark
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Mon Jun 22, 2015 5:47 am

Thanks for your help tajammul77 and Vinny

by the way i dont know why i have been certified under Section 94B
https://www.gov.uk/government/uploads/s ... on_94B.pdf

vinny
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by vinny » Mon Jun 22, 2015 8:34 am

Unfortunately, it appears that an application under Human rights may have complicated things with respect to rights of appeal.
Rights and grounds of appeal: commencement and transition wrote:3 Where an application was made before 6 April 2015 and a decision is made on or after 6 April 2015 to refuse leave to enter, entry clearance, a certificate of entitlement or to refuse to vary leave which leaves the person with no leave, the old regime is preserved. However, there is an exception to this, which is where the decision is also a refusal of an asylum, protection or human rights claim, in which case the new regime applies (amended Article 9(c) of the No. 3 Order, wrought by Article 8 of the No. 4 Order);
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Vijlim
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by Vijlim » Wed Jun 24, 2015 12:01 am

My friend vinny....I don't get ans from u...wats happening u....did I made any mistake?...sorry to tell u this thing but I felt so told.....can u tell me ur suggestion ...wat ab set(o). Can I get appeal right on dat?plssssssss zee Ali ...anyone....my friend vinnnny :?: :?: :?:

Zee ali
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by Zee ali » Wed Jun 24, 2015 1:09 am

Vijlim wrote:My friend vinny....I don't get ans from u...wats happening u....did I made any mistake?...sorry to tell u this thing but I felt so told.....can u tell me ur suggestion ...wat ab set(o). Can I get appeal right on dat?plssssssss zee Ali ...anyone....my friend vinnnny :?: :?: :?:
Set O is totally wrong form to send because set o is not applicable to u. Dont think they will refuse your set o and give u appeal right. SET o will be invalid
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

d3thmark
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Wed Jun 24, 2015 1:42 pm

Thanks everyone for the pieces of advice, i have just applied for the FLR (FP) and now just waiting for the next 50 days to pass so i can apply ILR 10 year on 14th August.

Now I need everyone prayers and support, I need expert advice on how to withdraw your application once i pass 13 August 2015
so i can apply for SET (LR).

one more thing, If i withdraw my FLR (FP) application would i get refund of £649 Fees?

please explain me the details and steps on how to withdraw your application and apply SET LR.

Thanks once again, everyone has been superb on this post!

Hassan

d3thmark
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Thu Jul 09, 2015 5:35 pm

hey guys need ur advice plz

I re applied FLR FP to buy 50days time in order to be eligible for ILR,

I applied on 24th JUNE and today is 9th JULY and i have not received any acknowledgement letter yet from home office?
should i be worried about?

Ditima98
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by Ditima98 » Fri Jul 10, 2015 10:38 am

Bro, the best you can do at the moment is wait and hope for the best. Personally, looking at the short spell of time remaining before you clock 10 years, I believe you will pull through this one and get your ILR. The delay should actually play to your advantage as you are looking at buying time to the point when you will be eligible for ILR application. If I may ask, were any kids over 7 years involved in your FLR (FP) application ?

To be honest your issue has set shivers to many of us relaying on FLR (FP) to get to ten years. For instance, in my case,we applied as a family under FLR (FP) and FLR (O) with 10 months gap (applied; 30th March 2015) to 10 years, depending on my daughter's 7 years child concession. According to my Solicitor, our 7 years daughter applied using FLR (FP) and us parents applied on FLP (O), each one of us independently and requested that determination on our application be decided after a verdict has been arrived at on our daughter's application. I have no clue if we were doing the right thing but the solicitor was very positive that we will get away with appeal. I am yet to get HO verdict on FLP (FP) application but still have almost 6 months to conquer, and all my hope hinges on being given an appeal should a refusal verdict come through. So to hear that HO have now started tightening screws on FLR (FP) and FLR (O), by not according appeals to applicants is a very big worry to many of us in a similar situation, especially to many in my shoes with months to navigate to 10 years long residence. Zee Ali and Vinny, could you throw your thoughts over my case please....any hope of survival with the latest new development on Human right Appeal rights?

I wish the OP all the best and please ,keep us updated................
ditima

d3thmark
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Sat Jul 11, 2015 4:42 pm

Ditima98 wrote:Bro, the best you can do at the moment is wait and hope for the best. Personally, looking at the short spell of time remaining before you clock 10 years, I believe you will pull through this one and get your ILR. The delay should actually play to your advantage as you are looking at buying time to the point when you will be eligible for ILR application. If I may ask, were any kids over 7 years involved in your FLR (FP) application ?

To be honest your issue has set shivers to many of us relaying on FLR (FP) to get to ten years. For instance, in my case,we applied as a family under FLR (FP) and FLR (O) with 10 months gap (applied; 30th March 2015) to 10 years, depending on my daughter's 7 years child concession. According to my Solicitor, our 7 years daughter applied using FLR (FP) and us parents applied on FLP (O), each one of us independently and requested that determination on our application be decided after a verdict has been arrived at on our daughter's application. I have no clue if we were doing the right thing but the solicitor was very positive that we will get away with appeal. I am yet to get HO verdict on FLP (FP) application but still have almost 6 months to conquer, and all my hope hinges on being given an appeal should a refusal verdict come through. So to hear that HO have now started tightening screws on FLR (FP) and FLR (O), by not according appeals to applicants is a very big worry to many of us in a similar situation, especially to many in my shoes with months to navigate to 10 years long residence. Zee Ali and Vinny, could you throw your thoughts over my case please....any hope of survival with the latest new development on Human right Appeal rights?

I wish the OP all the best and please ,keep us updated................

Sorry there were no kids, i applied as 10 year private Life in a UK! i am just worried about not even receiving the acknowledgment letter, now only 32 days time left for me. hope i get through with it.

d3thmark
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Mon Jul 13, 2015 5:06 pm

tajammul77 wrote:brother u have to take risk...u dont have any other choice...only tier 2 is the safest way...i think u can easily delay bio for 2 months...these days home office processing very slow. i applied on 20 may and i haven't got any acknowledge letter nor bio letter so far...when did u get bio letter after applying

hey bro,

how are you, i hope u remember me and my case, i applied flr fp again just to buy some time, i applied on 24th june and today is 13th july, i have not received any acknowledgement letter yet just like ur case, bcz i remember u told me u didnt received any acknowledgement letter for almost a month, so could u tell me when did u get tht letter, in how long time, i hope i ll pass through by 14 aug so i can apply for ILR.

Thanks
hassan

tajammul77
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by tajammul77 » Mon Jul 13, 2015 5:43 pm

it takes normally 4 weeks to get bio letter these days...its good for u why u worry

d3thmark
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Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Mon Jul 13, 2015 7:29 pm

tajammul77 wrote:it takes normally 4 weeks to get bio letter these days...its good for u why u worry
because i am not getting any work (shifts) since last 3 weeks and my manager said as soon as i submit him my acknowledgement letter he will start putting me on a routa. when did u received ur acknowledgment letter and bio letter plz?

d3thmark
Junior Member
Posts: 74
Joined: Wed Oct 29, 2014 10:00 pm

Re: FLR (FP) been refused with no Appeal right & leave UK no

Post by d3thmark » Fri Jul 24, 2015 4:42 am

d3thmark wrote:
tajammul77 wrote:it takes normally 4 weeks to get bio letter these days...its good for u why u worry
because i am not getting any work (shifts) since last 3 weeks and my manager said as soon as i submit him my acknowledgement letter he will start putting me on a routa. when did u received ur acknowledgment letter and bio letter plz?

could any tell me what to do now? i have not received any letter yet, not even acknowledgement letter. I re applied FLR FP to get some time to be eligible for ILR on 13th Aug.

Thanks
Hassan

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