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Urgent help needed. im on the edge

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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durae1D
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NEED HELP ON VISA APPLICATION

Post by durae1D » Wed May 17, 2017 8:40 pm

HI
I'm an Indian citizen. I came into the UK on tier 4 visa (16 months validity) for my masters.
I fell in love with an EU girl in university (polish) she is a student doing bachelor's and doing part-time work and has been in the country for 3 years and we were living together for 1 year and 7 months and are not married yet.

My visa expired on Jan 31st 2017 to extend my stay I applied an FLR (FP) application on 28th Jan 2017 with the help of a legal advisor.

I got my biometric letter on 9th Feb 2017 and I enrolled for it on 12th Feb 2017

recently I consulted a few different solicitor and they said I applied for the wrong application and is being misguided.

please help me on what application I have to apply to extend my stay in the UK legally.

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Casa
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Re: NEED HELP ON VISA APPLICATION

Post by Casa » Wed May 17, 2017 8:49 pm

I don't know under what category of FLR(FP) you applied under, but the 'solicitor' gave you poor advice. This has no relevance to your relationship with an EEA student living in the UK. FLR(FP) is an application made under the UK Immigration Rules, not within the EEA Regulations.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: NEED HELP ON VISA APPLICATION

Post by CR001 » Wed May 17, 2017 8:50 pm

FLR(FP) will likely fail yes and you will lose your fee paid.

For a residence card based on your EU girlfriend as a durable partner, you are required to prove 2 years evidence of 'living in a relationship akin to marriage' and she has to be a qualified person exercising treaty rights.
Char (CR001 not Casa)
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Iruku33
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Re: NEED HELP ON VISA APPLICATION

Post by Iruku33 » Thu May 18, 2017 1:55 am

durae1D wrote:HI
I'm an Indian citizen. I came into the UK on tier 4 visa (16 months validity) for my masters.
I fell in love with an EU girl in university (polish) she is a student doing bachelor's and doing part-time work and has been in the country for 3 years and we were living together for 1 year and 7 months and are not married yet.

My visa expired on Jan 31st 2017 to extend my stay I applied an FLR (FP) application on 28th Jan 2017 with the help of a legal advisor.

I got my biometric letter on 9th Feb 2017 and I enrolled for it on 12th Feb 2017

recently I consulted a few different solicitor and they said I applied for the wrong application and is being misguided.

please help me on what application I have to apply to extend my stay in the UK legally.
Thats a quick reply for your acknowledgement letter, if i may ask what sort acknowledgment letter did you get? Was it the ECHR? european convection human right??

durae1D
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Re: NEED HELP ON VISA APPLICATION

Post by durae1D » Fri May 19, 2017 12:46 am

Casa wrote:I don't know under what category of FLR(FP) you applied under, but the 'solicitor' gave you poor advice. This has no relevance to your relationship with an EEA student living in the UK. FLR(FP) is an application made under the UK Immigration Rules, not within the EEA Regulations.
so what application should i make ?
please guide me so i can start working on that....
and cause of this wrong application im not in any trouble right? or would i face any problems in the future??
Last edited by durae1D on Fri May 19, 2017 12:52 am, edited 1 time in total.

durae1D
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Re: NEED HELP ON VISA APPLICATION

Post by durae1D » Fri May 19, 2017 12:51 am

CR001 wrote:FLR(FP) will likely fail yes and you will lose your fee paid.

For a residence card based on your EU girlfriend as a durable partner, you are required to prove 2 years evidence of 'living in a relationship akin to marriage' and she has to be a qualified person exercising treaty rights.

thank you so much for your reply.

so I'm not on the right track.

please, could you explain to me how these things work?
what application should I use to apply and to whom?
I'm struggling and losing money with the current situation.

please guide me and help me out.
really appreciate your help.

vinny
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Re: NEED HELP ON VISA APPLICATION

Post by vinny » Fri May 19, 2017 1:18 am

For FLR(FP) to succeed, your Polish girlfriend must first have acquired PR. It's impossible, as she requires at least 5 years' residence in the UK.

Unfortunately, if you haven't been living together with her akin to marriage for at least two years, then they will probably refuse an application as an extended family member.
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durae1D
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Re: NEED HELP ON VISA APPLICATION

Post by durae1D » Fri May 19, 2017 1:54 am

Thanks Vinny for your reply
really appreciate it.
vinny wrote:For FLR(FP) to succeed, your Polish girlfriend must first have acquired PR. It's impossible, as she requires at least 5 years' residence in the UK.


ok thats one reason why FLR (FP) wont work.. agreed

Unfortunately, if you haven't been living together with her akin to marriage for at least two years, then they will probably refuse an application as an extended family member.

I and my girlfriend have been in a relationship for more than 2 + years via Fb and skype etc ( she was in Uk and I was in India ) I have added that as proof of our relationship is for a long time ...
but its been 1 year and 7months since I came into the UK

will this count and make a difference??


what would you suggest me to do in my case ...
what should I apply to extend my visa

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CR001
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Re: NEED HELP ON VISA APPLICATION

Post by CR001 » Fri May 19, 2017 8:19 am

It is living together for 2 years that is required. It is not enough to be a boyfriend/girlfriend long distance relationship
Char (CR001 not Casa)
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durae1D
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Urgent help needed. im on the edge

Post by durae1D » Wed Aug 30, 2017 12:32 am

HI
I'm an Indian citizen. I came into the UK on tier 4 visa (16 months validity) for my masters.
I fell in love with an EU girl in university (polish) she is a student doing bachelor's and doing part-time work and has been in the country for 3 years and we were living together for 1 year and 11 months and are not married yet.

My visa expired on Jan 31st 2017 to extend my stay I applied an FLR (FP) leave outside the rules based on private life on 30th Jan 2017 with the help of a legal adviser.

I got my biometric letter on 9th Feb 2017 and I enrolled for it on 12th Feb 2017

my legal adviser made this application to buy time for me so i can complete my 2 year and apply for eea residence card based on a eea unmarried durable partner.

i received a letter from home office on 8th june 2017 saying the fee has not been payed and have 10 days to make the payment. ( my legal adviser said she made the payment to the home office within 10 working days)

now on 25th august i receive a letter saying that no payment is made and my application is refused as an invalid application. Reason stating that i have not made the payment or documentation withing the timescale given.

the letter i received is icd 4946.
contents:
1. which has liabilty of removel stating you will not be removerd for 7 calender days after the date the letter is received .
2.consequence so overstaying.
3.help and advice.
4.making a new application.

what are my option here?


please reply ASAP
can i make another FLR Fp application buy some time and then make a EEA application after my 2 year period is over.

please tell me the merits and de merits of my current situation.

Wanderer
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Re: Urgent help needed. im on the edge

Post by Wanderer » Wed Aug 30, 2017 7:30 pm

UKVI are aware of vexatious and frivilous applications to buy time so you'll have to think again.
An chéad stad eile Stáisiún Uí Chonghaile....

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