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FLR(FP) as a Parent approved

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kamsi
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FLR(FP) as a Parent approved

Post by kamsi » Thu Jan 05, 2017 12:56 pm

My application as a parent has been approved. The approval letter states:

"Your application for limited leave to remain as a Partner, as a Parent and on the basis of your Private Life has been considered. You do not meet all of the Immigration Rules for a grant of leave under R-LTRP 1.1(a), (b) and (d)/R-LTRPT 1.1 (a) (b) and (d) of Appendix FM and Paragraph 276ADE (1). Please see separate refusal notice.

Consideration has been given outside the Immigration Rules and due to your particular circumstances that you have a parental relationship with your British child it has been decided to grant you a period of leave outside the rules on an exceptional basis."

The whole application process took 8 weeks. Application submitted on 7/11/16 and received by UKVI on 9/11/16. Approval letter and supporting documents received on 5/1/17.

Thanks to you all and all the best of luck to those who are still waiting.

secret.simon
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Re: FLR(FP) as a Parent approved

Post by secret.simon » Thu Jan 05, 2017 1:48 pm

You were not granted FLR(FP), which the letter says was refused. You were granted Leave Outside The Rules. There are differences when it comes to applying for ILR, etc.

The devil, as always, is in the details.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

kamsi
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Re: FLR(FP) as a Parent approved

Post by kamsi » Thu Jan 05, 2017 2:42 pm

secret.simon wrote:You were not granted FLR(FP), which the letter says was refused. You were granted Leave Outside The Rules. There are differences when it comes to applying for ILR, etc.

The devil, as always, is in the details.
Thanks for pointing that out, it doesn't make much difference as I'll be switching into the 5 year partner route before the current leave expires in 2.5 years time.

bathanza
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Re: FLR(FP) as a Parent approved

Post by bathanza » Thu Jan 05, 2017 4:31 pm

Very happy to see your news, congratulations I am sure it's a welcomed relief. Be mindful of extensions and the rules you need to stick by until ILR

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

Obie
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Re: FLR(FP) as a Parent approved

Post by Obie » Thu Jan 05, 2017 5:09 pm

The topic of your post is slightly misleading, they did not grant leave as parent.

It was granted outside the rules on the basis that your have parental relationship.

It assisted that you had leave to remain before this parental relationship was formed, and this significantly assisted. I have seen in other instances where it is refused, and the Secretary of State will give a right of appeal.

Subject to the financial requirement being met, you could switch to FLR(M).

Hopefully all will be well in the relationship this time, if you switch to partner route.
Smooth seas do not make skilful sailors

kamsi
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Leave granted on parental relationship

Post by kamsi » Thu Jan 05, 2017 6:37 pm

Thanks. You are correct in saying that the leave was granted because of the parental relationship I've with my child. It's also true that having Leave assisted with the application.

kamsi
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Re: FLR(FP) as a Parent approved

Post by kamsi » Sat Jan 07, 2017 1:01 am

Hello Obie and other respected Moderators, I would be very grateful if you could assist me with these questions. Though my partner and I hope to get married later this year, we have talked about it as we love each other very much and would want to bring up our child and future children as husband and wife. This is because of cultural reasons. Once I meet the requirements and possibly next year I would like to switch into 5 year route so as to qualify for ILR sooner. Instead of applying on the basis of my relationship with my partner (she'll be my wife when I will be applying), can I switch into the 5 year parent route?

From experience I want to avoid what happened in my previous relationship. My ex-wife and I had no status when we met and married and as soon as she was granted ILR outside the immigration rule and she subsequently applied for citizenship the relationship changed dramatically. She had the bargaining power and she wanted to use it to control me even though I was providing for her and her child whilst she studied at university.

If it's possible to apply under the 5 year parent route, what are the requirements that I've to meet?

I hope to hear from you guys. Thanks a lot.

kamsi
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Requirements for 5 year parent route

Post by kamsi » Sat Jan 07, 2017 3:08 am

Hello Obie and other respected Moderators, I would be very grateful if you could assist me with these questions. Though my partner and I hope to get married later this year, we have talked about it as we love each other very much and would want to bring up our child and future children as husband and wife. This is because of cultural reasons. Once I meet the requirements and possibly next year I would like to switch into 5 year route so as to qualify for ILR sooner. Instead of applying on the basis of my relationship with my partner (she'll be my wife when I will be applying), can I switch into the 5 year parent route?

From experience I want to avoid what happened in my previous relationship. My ex-wife and I had no status when we met and married and as soon as she was granted ILR outside the immigration rule and she subsequently applied for citizenship the relationship changed dramatically. She had the bargaining power and she wanted to use it to control me even though I was providing for her and her child whilst she studied at university.

If it's possible to apply under the 5 year parent route, what are the requirements that I've to meet?

I hope to hear from you guys. Thanks a lot.

ohara
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Re: Requirements for 5 year parent route

Post by ohara » Sat Jan 07, 2017 6:34 am

From Apprendix FM:
The route is for single parent applicants who:
 have sole parental responsibility for their child; or
 do not live with the child (who lives with a British or settled parent or carer), but they have
direct access (in person) to the child, as agreed with the parent or carer with whom the
child normally lives, or as ordered by a court in the UK; or
 (for a leave to remain application) are the parent with whom the child normally lives,
rather than the child’s other parent who is British or settled.
The parent route is not for couples with a child together who are in a genuine and subsisting
relationship.
Applicants in this position must apply under the partner route where eligible to do
so. An applicant cannot apply under the parent route if they are eligible to apply under the
partner route.

kamsi
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Re: FLR(FP) as a Parent approved

Post by kamsi » Sat Jan 07, 2017 7:38 am

Thanks, Ohara.

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