Long residence - short of a couple of months

[Obie]

Right of appeal is not dependant on which application you make.

As things presently stand , a person is more likely to succeed in getting a right of Appeal through FLR (f p) , than any other application.

[tajammul77]

Hi tajammul

Was it your first bio or did you miss and go for a second one. Did HO send you or did u requested it from them. I know a friend who missed first bio and HO invalidated her application. Please let us know

i missed first one and then sent them email...they again sent 15 days letter

[tajammul77]

Right of appeal is not dependant on which application you make.

As things presently stand , a person is more likely to succeed in getting a right of Appeal through FLR (f p) , than any other application.

hi obie...its clearly written in case worker guidance ilr refusal will get to right of appeal

[Obie]

Section 82 is what determine a right of appeal and not the guidance of a caseworker.

If the person has made a human right claim within the scope of the ILR application, then he or she will have a right of appeal Subject to it being certified.

Therefore refusal of ILR per sa, does not confer a right of appeal.

The guidance is not law. It is section 82 that Is law.

[sodonm]

hi tajammul

thank you for replying, could you please let us know what was your reason to ho when you requested a 2nd bio by email.

[Ditima98]

#sodonm
69 days isn't too long-I can assure you, u will be fine. You may take about 2 months just at biometric level although it is very risk ignoring biometric call outs nowadays, so trend carefully on that because once the application is invalidated based on none provision of biometrics, that will mess up your chances of a clear cut IRL success. I spent 4 months at biometric level bcos one of the biometrics-for my dependant failed at the Post Office four times in a roll. As I write, things are on a stand still for me as my application was invalidated despite having and showing HO all the evidence that it was not my fault that biometric remained for such a long time undone.
Even after you have done your biometrics, it may take 2-3 months for your case to be decided, so most likely, you will be in a position to vary FLR (FP) to ILR before even your case has been decided. So chill up Bro. all will be well.

[gameover_786]

#sodonm
69 days isn't too long-I can assure you, u will be fine. You may take about 2 months just at biometric level although it is very risk ignoring biometric call outs nowadays, so trend carefully on that because once the application is invalidated based on none provision of biometrics, that will mess up your chances of a clear cut IRL success. I spent 4 months at biometric level bcos one of the biometrics-for my dependant failed at the Post Office four times in a roll. As I write, things are on a stand still for me as my application was invalidated despite having and showing HO all the evidence that it was not my fault that biometric remained for such a long time undone.
Even after you have done your biometrics, it may take 2-3 months for your case to be decided, so most likely, you will be in a position to vary FLR (FP) to ILR before even your case has been decided. So chill up Bro. all will be well.

I would endorse Ditima, that 69 days to cover is not that long. I am in the same situation and in the past I have spent around 3 months on Bio meterics . I am not too sure what HO policy is if you skip 1 or more invitations. Skipping 1 invites gives almost 1 month time.
I have my doubts on varying applications as I have read different threads where application variations has not been considered and the case worker made the decision on initial application.

Please let us posted what ever you decide to do.

Many thanks

[Obie]

Variation is a legal right provided in Statute.

A person has the right to vary an application, until a decision is made on it.

In all honesty I have never come accross a case where the HOme office refuse to consider a variation.

If they did, then the person has every right in law to complain that their case remain outstanding before the Secretary of State, and any decision she takes will not be in accordance with the law, and will fall to be set aside.

[vinny]

Right of appeal is not dependant on which application you make.

As things presently stand , a person is more likely to succeed in getting a right of Appeal through FLR (f p) , than any other application.

They recently refused a FLR(FP) application and denied a right of appeal.

[Obie]

They can only refuse a right of appeal for FLR (FP) If they certify the claim, which they can only do if the claim is clearly unfounded and bound to fail.

The Home Office cannot lawful use that provision if a person 's appeal is bound to succeed.

In this cases, a person can vary immediately after the biometric has been done and it will delay the process.

I don't understand the distinction between people getting right of appeal if the apply for ILR and a certification if they use ILR.

The right of apply for a refusal of ILR could only be exercised on the basis that the refusal breached the person convention rights.

Unless of course the UKVI is seeking to reward those who pay higher fee, I see no material distinction.

[sodonm]

hi guys,

Is it possible to vary an application before submitting biometric fingerprints?

thanks

[Babui]

Yes you can I did this on my tier 2 apply tier 4 the vary tier 2 hav brp finger didn't attend and they send anothe one

hi guys,

Is it possible to vary an application before submitting biometric fingerprints?

thanks

[sodonm]

hI

I would like to thank you all for all the help really appreciate it. By the way can anyone Please let me know the email address for requesting a biometric enrolment letter.

thanks

[gameover_786]

hI

I would like to thank you all for all the help really appreciate it. By the way can anyone Please let me know the email address for requesting a biometric enrolment letter.

thanks

Hi Sodonm,

I am not too sure whether there is any email address to request Bio. They will automatically send you an invite once your application fees is cleared. Normally HO send you the invite within 2-3 weeks after you make your application by post. I would suggest you to give HO a call if you feel that your invite letter has gone missing.

Keep us posted and all the best!

[tajammul77]

Hi everyone

this morning got a bad news from solicitor that my flr fp application has been rejected but he told me a good news at end that i have got in country appeal right...the application took about 3 months and 10 days and exact 30 days after bio...my 10 years gona complete on 20 Dec, so vinny, obie and zee wot u think should i be fine...will i get ilr?

[Ditima98]

#tajammul77

ooh bless you, you are one lucky person. So, so happy for you, of course you will get your IRL. Just appeal soonest (within 10 days). By the time they set your court date, it will be nearing Dec., but the good thing is, they may send u a letter informing u about court date in Nov-Dec, but that actual date of attending the courts may may be April or May 2016.

If I may ask, what where the major issues included in your FLR (FP) ?

Congratulations my friend, u have run a good fight...........and you have also given us some hope as individuals in similar situation.

Thanks,

[tajammul77]

#tajammul77

ooh bless you, you are one lucky person. So, so happy for you, of course you will get your IRL. Just appeal soonest (within 10 days). By the time they set your court date, it will be nearing Dec., but the good thing is, they may send u a letter informing u about court date in Nov-Dec, but that actual date of attending the courts may may be April or May 2016.

If I may ask, what where the major issues included in your FLR (FP) ?

Congratulations my friend, u have run a good fight...........and you have also given us some hope as individuals in similar situation.

Thanks,

Thanks Ditima98...i didn't have any special circumstances just normal flr fp application..no kids, wife in Pakistan..7 months remaining for ilr when tier 2 was revoked...to be honest no hope for appeal rights..going through high depression...my solicitor just raised common human rights issue that i have spent more than 9 years in uk and bla bla....then advised by my mother to start prayer and ask from ALLAH...and since then i kept prayer and asked from ALLAH...its only Allah who made it possible my brothers..so keep asking from ALLAH, he is the only one who make possibles impossible

[sodonm]

Good to know they gave you in country appeal right tajammul, hopefully you will be able to complete 10 yrs and get yur ILR Inshallah, as for me i called HO and requested them to send me a bio letter last week, said they will be sending one within 15 working days.

[gameover_786]

Hi everyone

this morning got a bad news from solicitor that my flr fp application has been rejected but he told me a good news at end that i have got in country appeal right...the application took about 3 months and 10 days and exact 30 days after bio...my 10 years gona complete on 20 Dec, so vinny, obie and zee wot u think should i be fine...will i get ilr?

Hi Tajammul,

Well done mate good news go for the appeal as soon as possible and hope for the best.

Good luck and keep us posted.

[d3thmark]

Hi everyone

this morning got a bad news from solicitor that my flr fp application has been rejected but he told me a good news at end that i have got in country appeal right...the application took about 3 months and 10 days and exact 30 days after bio...my 10 years gona complete on 20 Dec, so vinny, obie and zee wot u think should i be fine...will i get ilr?

bro dont worry i have been granted with the ILR, inshallah u will get it as well, u can follow my posts and timeline

[cadnica]

Dear All,
I have just joined the forum ... please if someone can answer my query . my tier4 visa will expire on 7th oct. 2015 I have three dependents here. (my wife ,my 4 years son going to school since 2014 and my second son is born last month.) what would b the option for me to complete 10 years.
kind Regards

[gameover_786]

Dear All,
I have just joined the forum ... please if someone can answer my query . my tier4 visa will expire on 7th oct. 2015 I have three dependents here. (my wife ,my 4 years son going to school since 2014 and my second son is born last month.) what would b the option for me to complete 10 years.
kind Regards

Dear Cadnica,

You did not mention in your post about your arrival date in UK. Without that information it is not possible to answer your query.

[gameover_786]

Hi guys,

As some of you know that my visa will expire in December which is about 70 days before I complete my 10 years in the UK. Has any one recently missed a biometric invite? Please let me know about your experience as I am planning to miss one to get some extra time.

Regards

[vinny]

Be careful. Missing a biometric appointment may make your application invalid.

[gameover_786]

Be careful. Missing a biometric appointment may make your application invalid.

Thank you Vinny for your note.
I know it is a risky strategy but It did work for me in the past when I applied for my tier 2 application when my employers sponsorship licence application was refused. I was sent 3 Bio metric invites at that time. Not too sure if that has changed recently and that is why I want to hear from the users of this forum.

Regards