help required! new FLR FP application or appeal

[akabobo]

Hi all, moderators, distinguish know hows,

Brief History
My wife's FLR FP 10 year route application was first refused in 2013 on the basis that I am not settled in the UK (I was under tier 1 general then), we filed in another application and asked them to consider section 55 (Because we have a 3 year old child then), It was refused early 2014. We put in a JR challenging that the home office did not consider section 55, they agreed to review the case again during the JR pre-action process. We had another baby in 2014.

In June 2015, I got my ILR, and I immediately put in an application to register my children as British Citizens via MN1 section 1(3) based on the advise that I have accumulated from this great forum. During the MN1 application, In September, my wife's Section 55 was refused on the bases that there was no "Insurmountable obstacles" stopping us from going back to live our lives in our country of origin. She and my first born was served with a refusal letter with right of in country appeal. We immediately put in her appeal and disregarded my first child's appeal due to ongoing MN1 registration.

November 2015, the two children are now successfully registered as a British Citizen and we are in the process of applying for their passports.

Concerns
1. Do we now have a stronger case to win the appeal? I am now settled and we have two British Children.
2. Should we put in a new application for her FLR FP 10 year route (My wife is an overstayer, we are still waiting for appeal hearing date), and cancel the appeal?
3. Can we get a new appeal in case a new application is refused?
4. Can we write home office to reconsider as we fall under new circumstances.

Please I need your honest answers and help. For us to get to this stage, the last thing we don't want is to lose the battle.

Thanks in advance

[akabobo]

Can anyone with the same situation or a way forward please reply to this post. I feel it is geeting ignored.

[noajthan]

Can anyone with the same situation or a way forward please reply to this post. I feel it is geeting ignored.

Remember, although the forum is a 24*7 operation, members are scattered in different timezones;
not everyone is online all the time.

This seems to be a complex case so you may need a little patience until a suitably experienced member becomes available.

[akabobo]

Thank you very much noajthan, I am sorry if I sounded impatient, its just the situation at hand. Can you please pinpoint the complex areas in this case. It will give me a clearer view of where the whole thing stands. Appendix FM seem complicated to me. Regards

[physicskate]

Easiest course of action (and the one most likely to succeed) is for your wife to apply for entry clearance as a spouse (VAF4a). This would give her a five year path to ILR and would be the quickest to sort. You need to meet the financial requirement etc... children are British so you would need to earn £18600 pa.

Additionally, your previous applications were not relevant to her situation, which *could* look like you were trying to frustrate the rules...

[akabobo]

Thank you physicskate, To apply from abroad is not an option that we are considering now. I understand what you mean but we have by no means and time tried to frustrate the rules, how circumstances just keep changing, reasons why I am seeking your advise. Home office already acknowledges that I am settled hence the reason for the insurmountable obstacle refusal. To be honest, everything we have done is within the rules.

I think she can apply/re-apply in country via appendix fm 10 year partner route with parential responsibility if the children are British citizen or have been living in the uk for 7 years.

I just need someone to point me to the right direction if appeal or new application is the right way to go. Besides

[Zee ali]

Thank you physicskate, To apply from abroad is not an option that we are considering now. I understand what you mean but we have by no means and time tried to frustrate the rules, how circumstances just keep changing, reasons why I am seeking your advise. Home office already acknowledges that I am settled hence the reason for the insurmountable obstacle refusal. To be honest, everything we have done is within the rules.

I think she can apply/re-apply in country via appendix fm 10 year partner route with parential responsibility if the children are British citizen or have been living in the uk for 7 years.

I just need someone to point me to the right direction if appeal or new application is the right way to go. Besides

My wife's FLR FP 10 year route application was first refused in 2013 on the basis that I am not settled in the UK (I was under tier 1 general then), we filed in another application and asked them to consider section 55 (Because we have a 3 year old child then), It was refused early 2014. We put in a JR challenging that the home office did not consider section 55, they agreed to review the case again during the JR pre-action process.

Hi

Red color texts extract from your first post. In fact u tried to frustrate the rules in the past. So u r in this position now that even after getting ILR they still refuse to issue your wife a visa.

So please stop saying that what u done in the past is within the rules.

Now you have 2 options.
1. Continue with the appeal process and try to convince the judge that now your life is here. your kids r British and not fair to your wife to leave the country. U have very good chance to win .

2. Put a new flr fp application fill in all sections 10 years partner, 10 year parent. chance r good but still depend on the caseworker as your wife previously refused.

Its your choice now both options r good in my view. If u have no urgent plan for travelling than my advise for u is to stick with the appeal.

[akabobo]

Thank you so much Zee ali.

I will yield the advise given by yourself, I appreciate the in-depth feedback into my questions. Let me throw more light into what lead to the situation.

My wife has been here over 16 years ago, she attended college, university etc in the UK, she put in her first human rights application to regularise her stay in 2012, but the solicitor submitted her application after the June 2012 changes to family life, which lead to the refusal in 2013.

A refusal was issued in 2013, and we had a 3 year old that was born in the UK (note the child is not an overstayer), and I had limited leave to remain, as at then. The solicitor argued that because I had limited leave and my child is not an overstayer, then section 55 need to be considered.

If this is what is termed as frustrating the rules, then how would one challenge this case, bearing in mind that the child does not fall under immigration control as he was born here.

[Zee ali]

Thank you so much Zee ali.

I will yield the advise given by yourself, I appreciate the in-depth feedback into my questions. Let me throw more light into what lead to the situation.

My wife has been here over 16 years ago, she attended college, university etc in the UK, she put in her first human rights application to regularise her stay in 2012, but the solicitor submitted her application after the June 2012 changes to family life, which lead to the refusal in 2013.

A refusal was issued in 2013, and we had a 3 year old that was born in the UK (note the child is not an overstayer), and I had limited leave to remain, as at then. The solicitor argued that because I had limited leave and my child is not an overstayer, then section 55 need to be considered.

If this is what is termed as frustrating the rules, then how would one challenge this case, bearing in mind that the child does not fall under immigration control as he was born here.

Even though child was born here and no subject to immigration control (if not travelling), It doesn't mean that HO issue a visa to your wife on that child basis. At that time child didn't complete 7 years here or British citizen. That child was also subject to removal with his/her mother as best interest of the child is with the mother as your child was not British citizen at that time.

Solicitors are there to make money they can challenge anything if u pay them a fees. At the end u were refused by the HO on section 55. Because your case had no basis.

Now u have much stronger grounds to win the appeal so focus on your upcoming appeal what u done in the past has done.

[akabobo]

Appeal won, recived letter of visa confirmation. Waiting for biometric card.

[grace4drace]

Appeal won, recived letter of visa confirmation. Waiting for biometric card.

Congrats. I think you pretty much won this the day your children became british citizens. What was your experience like at the appeal?

[akabobo]

@grace4drace you are right that we won the day the children became British Citizen.

Our experience at the appeal was a good one. We ended representing ourselves as we figured out that our solicitor is dilly dally with our case. So we challenged based on Ext 1(a), part 5A section 117B(6) of nationality of immigration and asylum act 2002, section 55 etc. The judge already read our bundle and he asked us to tell the truth, he asked the HO representative if she had any concern regarding the certificates of registration and passports of the children. She said no, though she tried to be tough but there is little for her to argue due to new evidences that was presented. There was no home office bundle, and the judge concluded that he will review the case based on the evidence before him (our bundle and the home office refusal letter).

The judge allowed the appeal based on immigration rule, article 8 rule, sectiin 55, zambrano etc.

[bathanza]

Congratulations on the appeal. Must be such a relief.

Very admirable that you represented yourself. Will remember this case.. just in case

[dilse4srk]

Appeal won, recived letter of visa confirmation. Waiting for biometric card.

Hi Friend

I will really appreciate if you could give me some suggestions.

I also have appeal hearing and the refusal which i am served states "there are no insurmountable obstacle for my wife to continue life in my home country"

How did you contest the "insurmountable obstacle"

I will be becoming father (1st) in october InshAllah , and assuming my wife is british i will have a british child before the hearing date which will be some time in january , feb next year

Please reply

Thnx