FLR(O) Discretionary Leave waiting times ..??

[Daniel97]

Hello members,
I hope all is well with you all in Grace!
Kindly clarify this for me.
Is there any new legislation that says you can apply for an indefinite leave to remain when you have completed
5 years out of the 6 years(3years x 2) of limited leave to remain??
I was granted limited leave to remain in July 2009, renewed after the intial 3 years in July 2012. I am due for my ILR in
July 2016. My question is, can i apply now after i have completed 5 years in July this year out of the 6 years(3years x 2)
Thank you so much
God bless!

Persistence overcomes resistance!

What ground were you given limited leave-------
Did you apply for an extension(in-time application) before you initial leave expire?
If you were given discretionary leave in July 2009 to July 2012,and you apply for extension before that leave expire in July 2012,anytime waiting for for your application to be granted,is count towards 6yrs for indefinite,
My case for example-------
I think my case maybe similar to yours
Discretionary leave granted in July 2009 to July 2012,(3yrs)
Applied for extension in June 2012
Application granted in July 2013 to July 2016
Indefinite granted in July 2015,(i did same day service)
Time waiting for my extension application with the Home Office from June 2012 to July 2013,is cover by 3c,that means your leave continued while waiting,as long as you apply before your existing leave expire.
Hope this is clear

[poketoholo]

Thank you so much Daniel97!!!.. My case is similar to yours, i was granted on a compasionate ground, i made an on time application i 2009 and 2012, but it took HO 13 months to get my approval for my renewalin 2013 when there was massive back up..and short of staffs!
Will go ahead and file straight away! By the way, what type of docs did you present?? did you use a solicitor?
What's your time line?? if you dont mind.
Thank you for reaching out .. God Bless! .. @Daniel97

Persistence Overcomes Resistance!

[AliG123]

Update:


Hi Guys


Just to give you guys an update I have received my refusal today dated 27th November 2015 with in country appeal right.

I have made a complaint to Home Office on week before 27th November and they have refused my application.

I might be appealing the decision in couple of days.

Reason for refusal:
1). We don't have any kids together.
2). We haven't lived for 2 years together.
3). We don't meet the FM income requirement.
4). Even though your partner is British she is leave the country and go with you to India and start a life there.

Any thoughts about my case.

Please let me know what do you guys think?

Kind Regards

Hello Everyone hope you are doing well.

Please shed some light on my case and give me some advice as it will be 6 months on 25th of this month since I applied for my FLR fp application.

As currently I don't have Right to work in the Uk it's getting very difficult for us to survive here.

Can I do something else apart waiting from my end so HO takes the decision on my case.

Case History:

I have been in the UK from feb 2007, came as a student and changed to Tier 1 General and when I applied for the 3 year extension my visa has been refused on the basis of interview and they said applicant is not credible.

I have appealed to First tier tribunal they refused and appealed to Upper Tribunal but they sent a letter saying they won't change the decision.

I have applied for FLP FP on the basis for family and private life and I had a girlfriend and we got married religiously not the registered marriage.

As I have applied after 28 days run out because of some issues at the time.I currently don't have right to work and I don't know what to do till then as everyone here is saying it takes months and years to get reply from home office. I don't know what to do in this case. My wife wrote a letter to local mp but no luck and also to HomeOffice and they said they can't give me temporary right to work until application is decided.

HO requested for my updated passport in June which was expired while with HO. So we requested for return of original passport so we can renew and return but haven't heard anything after that.

We have made numerous calls and letters to Case Worker but never got any response from them. They don't even communicate clearly how long it will take?

Any help would be much appreciated.

Date application sent: 25/04/2015
Date Acknowledgement received: 29/04/2015
Date biometrics letter received : 19/05/2015
Date Biometrics done: 21/05/2015
Decision: Waiting


Many Thanks in advance.

[arshman]

Update:


Hi Guys


Just to give you guys an update I have received my refusal today dated 27th November 2015 with in country appeal right.

I have made a complaint to Home Office on week before 27th November and they have refused my application.

I might be appealing the decision in couple of days.

Reason for refusal:
1). We don't have any kids together.
2). We haven't lived for 2 years together.
3). We don't meet the FM income requirement.
4). Even though your partner is British she is leave the country and go with you to India and start a life there.

Any thoughts about my case.

Please let me know what do you guys think?

Kind Regards

Hello Everyone hope you are doing well.

Please shed some light on my case and give me some advice as it will be 6 months on 25th of this month since I applied for my FLR fp application.

As currently I don't have Right to work in the Uk it's getting very difficult for us to survive here.

Can I do something else apart waiting from my end so HO takes the decision on my case.

Case History:

I have been in the UK from feb 2007, came as a student and changed to Tier 1 General and when I applied for the 3 year extension my visa has been refused on the basis of interview and they said applicant is not credible.

I have appealed to First tier tribunal they refused and appealed to Upper Tribunal but they sent a letter saying they won't change the decision.

I have applied for FLP FP on the basis for family and private life and I had a girlfriend and we got married religiously not the registered marriage.

As I have applied after 28 days run out because of some issues at the time.I currently don't have right to work and I don't know what to do till then as everyone here is saying it takes months and years to get reply from home office. I don't know what to do in this case. My wife wrote a letter to local mp but no luck and also to HomeOffice and they said they can't give me temporary right to work until application is decided.

HO requested for my updated passport in June which was expired while with HO. So we requested for return of original passport so we can renew and return but haven't heard anything after that.

We have made numerous calls and letters to Case Worker but never got any response from them. They don't even communicate clearly how long it will take?

Any help would be much appreciated.

Date application sent: 25/04/2015
Date Acknowledgement received: 29/04/2015
Date biometrics letter received : 19/05/2015
Date Biometrics done: 21/05/2015
Decision: Waiting


Many Thanks in advance.

Sorry to hear that I have been in these things since 2013
If your relationship have completed two years than don't go for appeal.solicitor can advice better.
It will take ages. Apply again flr (fp) same day service renew your passport first before applying.
How come thay can say that if your wife is British she can go to India with you ?

[AliG123]

Hi arshman

Thank-you for your response.

Even though we have been together for 2 years we started living together for a year now.

As I don't have right to work since last 7 months I can't afford to apply again with all the charges including solicitors.

Indian embassy might ask me to get a new letter from Home Office to renew my passport.

Also my wife is 6 months pregnant which they didn't even considered. My wife is saying we should stay till the baby is born and then we can leave the UK at least the baby will have a British Passport.So I'm thinking at this moment just file the appeal and buy some time.

Kind Regards

AliG

[Daniel97]

Thank you so much Daniel97!!!.. My case is similar to yours, i was granted on a compasionate ground, i made an on time application i 2009 and 2012, but it took HO 13 months to get my approval for my renewalin 2013 when there was massive back up..and short of staffs!
Will go ahead and file straight away! By the way, what type of docs did you present?? did you use a solicitor?
What's your time line?? if you dont mind.
Thank you for reaching out .. God Bless! .. @Daniel97

Persistence Overcomes Resistance!

Documents------
Letter from you,giving reason why you be given indefinite,(give them same reason of 2009 and 2012)
Your passport
Biometric Card
(First 3 and last 3 months of each year)
Bank Statement
BT
Any Bill you have(gas and electric)
(Yearly)
P60 (not necessary)
Council Tax (if you have )
(I did all application myself)you don't need a solicitor,your application should be straight forward.
I applied in person,same day service

[arshman]

Hi arshman

Thank-you for your response.

Even though we have been together for 2 years we started living together for a year now.

As I don't have right to work since last 7 months I can't afford to apply again with all the charges including solicitors.

Indian embassy might ask me to get a new letter from Home Office to renew my passport.

Also my wife is 6 months pregnant which they didn't even considered. My wife is saying we should stay till the baby is born and then we can leave the UK at least the baby will have a British Passport.So I'm thinking at this moment just file the appeal and buy some time.

Kind Regards

AliG

Once you have the baby u will definitely get the visa. Wait for the baby and then apply again.

[poketoholo]

Thank you for sharing your experience and story.. @Daniel97 !
God Bless!
Persistence Overcomes Resistance!

[dikha]

Evening
I am really confused and need your help .
I did apply for flr 30 jun 2012 based on partner of bristish citizen ( I entered illegally the contry ) . In august 2013 they gave me 30months and put me in 10 year's route with no recourt to public found dispite the fact I got girl boned July 2012 British.
My wife did apply for tax and working tax credit they asked about partner she put me on I called the tax credit to inform them even put my br number on the forms but they paid us both saying it is OK .I am due to renew will it be a problem for me.
secondly we both owned more than 18600 could I switch to 5 year's.
Finally as I apply before 9 july 2012 did the gave me the right visas
Kind regards

[Rubablu]

Why were refused if you don't mind me asking?

They said "There is no important point for hearing."

[rebeccamandy1]

Hey is anyone currently waiting for an answer about flr(fp)

Our timeline

Submitted documents - 23rd September 15
Aknolagment letter received - 11th October 15
Biometric letter received - 29th October 15
submitted biometrics - 29th October 15
Status - currently waiting answer

How long is the wait usually?

Regards

[koolkate]

Me and my family have overstayed in UK for 7 years and we've applied for FLR(FP) however I was caught in a shop where I went to see a friend and HO has put charges against me. If I am found guilty how badly will it effect my immigration case? My wife is the main applicant and I am just a dependent in the case. I have 2 children, one is over and the other is under 18.

Update
My trial is after my immigration result is due so will that change anything?

[Waiting&expecting]

Hi all,

I applied for FLR(FP) private life 10 year route, almost 3 months ago now and i'm wondering if there is anyone that has applied in September that has received their documents? What is the processing time for flr(fp) because it is definitely not 8 weeks as they say. Also is there anyone that has done flr(fp) through the premium service? The website says you can but my lawyer said i should use post. I will be so upset if there was a chance to use the premium service.

My brief history is i came to the uk as a student in august 2001, i applied for 10 year ILR in 2013 and was rejected because there was a break in my continuous stay in 2007 so i was granted limited leave to remain in 2013 for 30 months on the basis of Private Life which expired in October this year. My situation is exactly the same i am working here and i have spent more than half of my life here.

FLR(FP) application -22nd September 2015
Biometric - 16 October 2015
Stil waiting - 12 December 2015

I am thinking to withdraw my application and apply for premium service becaus i need to travel.

[Babui]

Hi
I got approval for my wife flr (fp) through partner 10 years route

She had applied flr (fp) under private life at end of August as I was due to apply ILR under Long residency on mid of October and we are unable to fullfill the 18600 requirement
When I got approval for my ILR through PSC I send my 3 years old boy mn1 through NCS and send homeoffice the confirmation letter of mine and my boy mn1 application submit letter and ask them hold until my son get his naturalisation certificate at end of October

Then the homeoffice immediately react at first week of November inform my wife work place that she made her flr (fp) after her visa finish and she has no work right and she is an overstayers but that is lie as she applied 2 days before her leave expire and luckily her employer has hotline to homeoffice they ring directly to homeoffice and fax them the post office receipt which clearly show she applied 2 days early before her visa expire and homeoffice apologise for their mistake then at 3rd December they approve her visa to 30 month under 10 years partner route butwe do not apply under partner route as I am little confuse last 6 years she is my dependent and another 30 months so all together 8 and half years so another extension for 1 and half year to cover 10 years long residency or her clock reset for another 10 years can anyone please shade some light on this issue
Thanks in advance

[Babui]

Hi
My wife applied 27th of August and she got approval for flr (fp) at 3rd December so hopefully you will get your soon
Thanks

Hi all,

I applied for FLR(FP) private life 10 year route, almost 3 months ago now and i'm wondering if there is anyone that has applied in September that has received their documents? What is the processing time for flr(fp) because it is definitely not 8 weeks as they say. Also is there anyone that has done flr(fp) through the premium service? The website says you can but my lawyer said i should use post. I will be so upset if there was a chance to use the premium service.

My brief history is i came to the uk as a student in august 2001, i applied for 10 year ILR in 2013 and was rejected because there was a break in my continuous stay in 2007 so i was granted limited leave to remain in 2013 for 30 months on the basis of Private Life which expired in October this year. My situation is exactly the same i am working here and i have spent more than half of my life here.

FLR(FP) application -22nd September 2015
Biometric - 16 October 2015
Stil waiting - 12 December 2015

I am thinking to withdraw my application and apply for premium service becaus i need to travel.

[Zee ali]

Hi all,

I applied for FLR(FP) private life 10 year route, almost 3 months ago now and i'm wondering if there is anyone that has applied in September that has received their documents? What is the processing time for flr(fp) because it is definitely not 8 weeks as they say. Also is there anyone that has done flr(fp) through the premium service? The website says you can but my lawyer said i should use post. I will be so upset if there was a chance to use the premium service.

My brief history is i came to the uk as a student in august 2001, i applied for 10 year ILR in 2013 and was rejected because there was a break in my continuous stay in 2007 so i was granted limited leave to remain in 2013 for 30 months on the basis of Private Life which expired in October this year. My situation is exactly the same i am working here and i have spent more than half of my life here.

FLR(FP) application -22nd September 2015
Biometric - 16 October 2015
Stil waiting - 12 December 2015

I am thinking to withdraw my application and apply for premium service becaus i need to travel.

My advise is do not withdraw your application and wait for the outcome. Keep in mind your leave is already expired so dont become an overstayer ( u have 28 days to apply after withdrawal if u choose to) but dont take risk.

[Zee ali]

Hi
I got approval for my wife flr (fp) through partner 10 years route

She had applied flr (fp) under private life at end of August as I was due to apply ILR under Long residency on mid of October and we are unable to fullfill the 18600 requirement
When I got approval for my ILR through PSC I send my 3 years old boy mn1 through NCS and send homeoffice the confirmation letter of mine and my boy mn1 application submit letter and ask them hold until my son get his naturalisation certificate at end of October

Then the homeoffice immediately react at first week of November inform my wife work place that she made her flr (fp) after her visa finish and she has no work right and she is an overstayers but that is lie as she applied 2 days before her leave expire and luckily her employer has hotline to homeoffice they ring directly to homeoffice and fax them the post office receipt which clearly show she applied 2 days early before her visa expire and homeoffice apologise for their mistake then at 3rd December they approve her visa to 30 month under 10 years partner route butwe do not apply under partner route as I am little confuse last 6 years she is my dependent and another 30 months so all together 8 and half years so another extension for 1 and half year to cover 10 years long residency or her clock reset for another 10 years can anyone please shade some light on this issue
Thanks in advance

What is the issue? They grant your wife 30 months visa than what is the confusion all about? (not filling partner route part of flr fp) so what. u r lucky they grant your wife visa. end of the day she is your dependent for 6 years and u acknowledged them in october that u got ILR so they might thought she is well fit in the partner route of flr fp and granted her visa on that basis.

U r lucky they didn't refuse your wife on private life basis ( i think u applied on that basis).

Did your son got his registration certificate yet?

[Babui]

Hi
I got approval for my wife flr (fp) through partner 10 years route

She had applied flr (fp) under private life at end of August as I was due to apply ILR under Long residency on mid of October and we are unable to fullfill the 18600 requirement
When I got approval for my ILR through PSC I send my 3 years old boy mn1 through NCS and send homeoffice the confirmation letter of mine and my boy mn1 application submit letter and ask them hold until my son get his naturalisation certificate at end of October

Then the homeoffice immediately react at first week of November inform my wife work place that she made her flr (fp) after her visa finish and she has no work right and she is an overstayers but that is lie as she applied 2 days before her leave expire and luckily her employer has hotline to homeoffice they ring directly to homeoffice and fax them the post office receipt which clearly show she applied 2 days early before her visa expire and homeoffice apologise for their mistake then at 3rd December they approve her visa to 30 month under 10 years partner route butwe do not apply under partner route as I am little confuse last 6 years she is my dependent and another 30 months so all together 8 and half years so another extension for 1 and half year to cover 10 years long residency or her clock reset for another 10 years can anyone please shade some light on this issue
Thanks in advance

What is the issue? They grant your wife 30 months visa than what is the confusion all about? (not filling partner route part of flr fp) so what. u r lucky they grant your wife visa. end of the day she is your dependent for 6 years and u acknowledged them in october that u got ILR so they might thought she is well fit in the partner route of flr fp and granted her visa on that basis.

U r lucky they didn't refuse your wife on private life basis ( i think u applied on that basis).

Did your son got his registration certificate yet?

Thank you Zee Ali for your kind reply as I am happy for geting the decision and still waiting for my son mn1 certificate as applied end week of October already done all the formalities hopefully get soon
Thanks again you are greate

[Zee ali]

Hi
I got approval for my wife flr (fp) through partner 10 years route

She had applied flr (fp) under private life at end of August as I was due to apply ILR under Long residency on mid of October and we are unable to fullfill the 18600 requirement
When I got approval for my ILR through PSC I send my 3 years old boy mn1 through NCS and send homeoffice the confirmation letter of mine and my boy mn1 application submit letter and ask them hold until my son get his naturalisation certificate at end of October

Then the homeoffice immediately react at first week of November inform my wife work place that she made her flr (fp) after her visa finish and she has no work right and she is an overstayers but that is lie as she applied 2 days before her leave expire and luckily her employer has hotline to homeoffice they ring directly to homeoffice and fax them the post office receipt which clearly show she applied 2 days early before her visa expire and homeoffice apologise for their mistake then at 3rd December they approve her visa to 30 month under 10 years partner route butwe do not apply under partner route as I am little confuse last 6 years she is my dependent and another 30 months so all together 8 and half years so another extension for 1 and half year to cover 10 years long residency or her clock reset for another 10 years can anyone please shade some light on this issue
Thanks in advance

What is the issue? They grant your wife 30 months visa than what is the confusion all about? (not filling partner route part of flr fp) so what. u r lucky they grant your wife visa. end of the day she is your dependent for 6 years and u acknowledged them in october that u got ILR so they might thought she is well fit in the partner route of flr fp and granted her visa on that basis.

U r lucky they didn't refuse your wife on private life basis ( i think u applied on that basis).

Did your son got his registration certificate yet?

Thank you Zee Ali for your kind reply as I am happy for geting the decision and still waiting for my son mn1 certificate as applied end week of October already done all the formalities hopefully get soon
Thanks again you are greate

Again u r lucky they grant her without child MN1 Approval (u dont need it for 10 years partner route though) but in my mrs case we waited for 7.5 months to get her visa. I was in the same boat as u. But i put flr m along with my set lr. HO refused to entertain flrm as i was not settled at the time of her flrm (set lr application pending).

They attached flr fp which we filled in and returned. I got my ILR in june but they issued my wife visa under 10 years partner route in november after i got both of my children MN1 approval.

[Waiting&expecting]

Thanks Zee Ali and Babui for the advice and information. I will continue to wait, i'm praying it will be here this week

Thanks

[Babui]

Thank you Zee Ali for your kind reply as I am happy for geting the decision and still waiting for my son mn1 certificate as applied end week of October already done all the formalities hopefully get soon
Thanks again you are greate

Again u r lucky they grant her without child MN1 Approval (u dont need it for 10 years partner route though) but in my mrs case we waited for 7.5 months to get her visa. I was in the same boat as u. But i put flr m along with my set lr. HO refused to entertain flrm as i was not settled at the time of her flrm (set lr application pending).

They attached flr fp which we filled in and returned. I got my ILR in june but they issued my wife visa under 10 years partner route in november after i got both of my children MN1 approval.

The truth is I been following your path at the beginning of my current immigration issue whatever you did your case I just follow you so all the credit goes to youZEE ALI so frankly speaking you are the star for me may Allah fulfill all your desire Amin. It's my honour to thank you from the bottom of my heart.

[Zee ali]

Thank you Zee Ali for your kind reply as I am happy for geting the decision and still waiting for my son mn1 certificate as applied end week of October already done all the formalities hopefully get soon
Thanks again you are greate

Again u r lucky they grant her without child MN1 Approval (u dont need it for 10 years partner route though) but in my mrs case we waited for 7.5 months to get her visa. I was in the same boat as u. But i put flr m along with my set lr. HO refused to entertain flrm as i was not settled at the time of her flrm (set lr application pending).

They attached flr fp which we filled in and returned. I got my ILR in june but they issued my wife visa under 10 years partner route in november after i got both of my children MN1 approval.

The truth is I been following your path at the beginning of my current immigration issue whatever you did your case I just follow you so all the credit goes to youZEE ALI so frankly speaking you are the star for me may Allah fulfill all your desire Amin. It's my honour to thank you from the bottom of my heart.

Thanks @babui.
All credit goes to this amazing Board and its members.

[solaced]

Dear members!!
My case history in a nutshell:-
Applied for Entrprnr visa in 2014.
Refused under 11th July,2014 rules.
Got refused from FTT (advertisement after 11th July( I admitted, it was after 11th July )).
Applied on 30th August, 2014 for permission to appeal in UTT. (still waiting)
In the first week of March, 2016, my 2 children aged 14 & 11 would complete their 7 years continuous legal stay here.
Obviously, I am waiting for these 2 & half months (Dec:, Jan:, Feb:) to pass uninterrupted while waiting for the outcome of permission to appeal in the UTT and until we become eligible, under rules, to apply under 7 years rules( although success is not guaranteed, BUT no other choice).
My question is;
If, let's say, In a week's time, i am told that the permission has not been granted for appeal to UTT.
I would, obviously, apply direct to UTT for appeal right and if the outcome takes longer time and in the meanwhile, my children 7 years got completed,
SHOULD I withdraw my application to permission and apply in March on 7 years basis or wait as long as it might take.
What complication might arise in case of withdrawing application from UTT ?
Your expert opinion is solicited.

[Sara2006]

Hi, I had same situation but I applied at first for FLR fp and received same letter from Home Office. my time road :
application made 19 October
letter from ho 3 November
biometric letter 9 November was wrong my solicitor sent them letter to change some mistake so next
biometric letter 14 December
biometric done 15 December...
Waiting
Let me know please if you will have some news as well as I have no idea how long its gonna take for decision.

I'm back for my extension. in 2013 I received my flr(o) for 30 months granted and last month I was due to renew my stay. My timeline is in my signature.

One question I have is, if my circumstances have not changed other than me and my partner getting married back in 2013, is there any way an extension can be refused?

I am worried as I received an unusual acknowledgement letter this time round saying the following:

"Your application raises issues relating to the European Convention
On Human Rights, which are complex in nature. As it falls outside our
Normal service standards for deciding leave to remain applications. Please
Be assured that we will make a decision on your case as quickly as possible"


If you review/click on my previous posts from 2013 you can read about my story.


Thanks in advance!

[Sara2006]

Hi everyone
Please, any help ot advise -
I get a letter from Home Office-
What can it mean - -
"You have requested leave to remain outside the immigration rules which are complex in nature. As such it falls outside our normal service standards for deciding leave to remain applications. Please be assured that we will make decision on your case as quickly as possible."
Do I have to do something about it? Write any letter to Home Office? Explain someth or ..?
Thank you...

Hi, RMCLL
I received same letter from HO you no need to do anything just wait. Can you please share what is your timeline? Thanks