FLR(FP) Application - Daughter granted BC

[Nbm]

Hi I need to apply for Flfp as my daughter just got her British citizen. My passport is in the home office. I need to sit for an A1 English test as it is required for the Flrp application but you need a sort of id or passport to sit for this exam. I called the home office they said they won't be able to send my passport. One of the home office staff told me to make the application with a cover letter and tell them about the situation. My husband will be my dependent. Can someone help me pls.

[Wanderer]

Hi I need to apply for Flfp as my daughter just got her British citizen. My passport is in the home office. I need to sit for an A1 English test as it is required for the Flrp application but you need a sort of id or passport to sit for this exam. I called the home office they said they won't be able to send my passport. One of the home office staff told me to make the application with a cover letter and tell them about the situation. My husband will be my dependent. Can someone help me pls.

What is the status of both parents?

[Nbm]

The home office consider us as overstayers but all these years I have been making applications and all have been refused. Recently we made Flrp in February this year before my daughter got her British citizen but now she got it and my solicitors will apply again on Flrp 10 yrs route for parent. I really want to get some help as I know it could be a good chance for us to get the discretionary leave.

[Wanderer]

The home office consider us as overstayers but all these years I have been making applications and all have been refused. Recently we made Flrp in February this year before my daughter got her British citizen but now she got it and my solicitors will apply again on Flrp 10 yrs route for parent. I really want to get some help as I know it could be a good chance for us to get the discretionary leave.

How is you daughter a BC if neither of the parents are or have any for on leave?

How old is the child?

[Nbm]

She is 10yrs old.

[Zee ali]

The home office consider us as overstayers but all these years I have been making applications and all have been refused. Recently we made Flrp in February this year before my daughter got her British citizen but now she got it and my solicitors will apply again on Flrp 10 yrs route for parent. I really want to get some help as I know it could be a good chance for us to get the discretionary leave.

u dont need any english language test for flr fp 10 years parent route.

D-LTRPT.1.2. If the applicant meets the requirements in paragraph R-LTRPT.1.1. (a), (b) and (d) for limited leave to remain as a parent they will be granted leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State deems such recourse to be appropriate, and they will be eligible to apply for settlement after a continuous period of at least 120 months.

Now understand what is R-LTRPT.1.1. (a), (b) and (d)

(a) the applicant and the child must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a parent or partner; and either
(d)
(i) the applicant must not fall for refusal under S-LTR: Suitability leave to remain; and
(ii) the applicant meets the requirements of paragraphs E-LTRPT.2.2-2.4. and E- LTRPT.3.1.; and
(iii) paragraph EX.1. applies.

what is d (i) S-LTR: Suitability leave to remain

S-LTR.1.1. The applicant will be refused limited leave to remain on grounds of suitability if any of paragraphs S-LTR.1.2. to 1.7. apply.
S-LTR.1.2. The applicant is currently the subject of a deportation order.
S-LTR.1.3. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
S-LTR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months.
S-LTR.1.5. The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
S-LTR.1.7. The applicant has failed without reasonable excuse to comply with a requirement to-
(a) attend an interview;
(b) provide information;
(c) provide physical data; or
(d) undergo a medical examination or provide a medical report.
S-LTR.2.1. The applicant will normally be refused on grounds of suitability if any of paragraphs S-LTR.2.2. to 2.4. apply.
S-LTR.2.2. Whether or not to the applicant's knowledge –
(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.
S-LTR.2.3. One or more relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £1000.
S-LTR.2.4. A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.
S-LTR.3.1. When considering whether the presence of the applicant in the UK is not conducive to the public good any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored

Now what is d (ii) E-LTRPT.2.2-2.4. and E- LTRPT.3.1

E-LTRPT.2.2. The child of the applicant must be-
(a) under the age of 18 years at the date of application, or where the child has turned 18 years of age since the applicant was first granted entry clearance or leave to remain as a parent under this Appendix, must not have formed an independent family unit or be leading an independent life;
(b) living in the UK; and
(c) a British Citizen or settled in the UK; or
(d) has lived in the UK continuously for at least the 7 years immediately preceding the date of application and paragraph EX.1. applies.
E-LTRPT.2.3. 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.
E-LTRPT.2.4.
(a) The applicant must provide evidence that they have either-
(i) sole parental responsibility for the child, or that the child normally lives with them; or (ii) access rights to the child; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child's upbringing
E-LTRPT.3.1. The applicant must not be in the UK-
(a) as a visitor;
(b) with valid leave granted for a period of 6 months or less, unless that leave was granted pending the outcome of family court or divorce proceedings;
(c) on temporary admission or temporary release (unless paragraph EX.1. applies).


Now at the end what is d (iii) (paragraph EX.1)

EX.1. This paragraph applies if
(a)
(i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
(ii) it would not be reasonable to expect the child to leave the UK; or
(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.

Hope this helps

[Nbm]

Thanks Zeeali . But you know I was reading about the derivative residence card . As per the information I read so far this application asked you if you are related to a British citizen under 18 which we are and my daughter just got her British citizen. So do you think it will work for us . Pls help me out as I am short of money and the Flrp is so expensive and I have to pay nhs as well. I Have looked at the derivative application form and it cost £65 and for the dependent as well and there is no nhs and English course required. I might be wrong . So could you pls help out. Thanks again.

[noajthan]

Thanks Zeeali . But you know I was reading about the derivative residence card . As per the information I read so far this application asked you if you are related to a British citizen under 18 which we are and my daughter just got her British citizen. So do you think it will work for us . Pls help me out as I am short of money and the Flrp is so expensive and I have to pay nhs as well. I Have looked at the derivative application form and it cost £65 and for the dependent as well and there is no nhs and English course required. I might be wrong . So could you pls help out. Thanks again.

This question probably justifies a new thread.

In brief, this right is based on Zambrano case law.
Note it cannot lead to a right of permanent residence in UK.

The main test is whether the British citizen (your child in this case) would have to leave UK (or EU) if the carers (in this case, you the parents) were to leave UK.

More information here:
https://www.gov.uk/government/uploads/s ... mbrano.pdf

See also NPRF guidance:
http://www.nrpfnetwork.org.uk/Documents ... tsheet.pdf

[Zee ali]

Thanks Zeeali . But you know I was reading about the derivative residence card . As per the information I read so far this application asked you if you are related to a British citizen under 18 which we are and my daughter just got her British citizen. So do you think it will work for us . Pls help me out as I am short of money and the Flrp is so expensive and I have to pay nhs as well. I Have looked at the derivative application form and it cost £65 and for the dependent as well and there is no nhs and English course required. I might be wrong . So could you pls help out. Thanks again.

i am not expert on derivative residence card or Zambrano as other member stated. But as far flr fp concern i told u already u dont need english language test for 10 years parent route. Unfortunately u have to pay the flr fp and nhs fees. If u r destitute than u can apply for a fee wavier if HO thinks that u r destitute than u dont have to pay flr fp fees at all.

I dont understand why u apply flr fp in feb this year when your daughter was not BC at the time. waste of money innit.

[Nbm]

Thanks a lot Zee. It is a long story about the Feb application as I was refer to ukba family return team. So to gain time we took a chance but luck was not with me. So I applied my child citizen in July and thanks to GOD (The Great) it was successful on November. So I was reading the derivative right residence and I think I do qualified as I said I might be wrong aswell. So pls if you know other such thing pls do let me know. Thanks again and May GOD protect and bless you.