FLR(FP) rejection

[jane2018]

Hi everybody,
does anybody here know or hear anything about reconsideration of the decision by the Home Office?

[sam550]

There are few ways you can ask HO to reconsider your application like writing a pre-action protocol, administrative review and if you consider any of the options please make sure to keep your MP in a loop too, but I was reading your case here on previous posts I would definitely go for FLR FP route instead of FLR FM because you have kids and leaving them here or taking them away to apply for a spouse visa will take a lot of time it could be couple of years if they refuse you on spouse visa, so definitely PAP or administrative review and you can also an email to home office determination team. But legal advice is must from any good lawyer.

Best of luck

[vinny]

In FLR(FP) application as aspouse of UK citizen, is it reasonable to send a mother of 5 y.o. child back to her country just to apply for a spousal visa? Is it reasonable to separate a mother and her 5 yo for a couple of months just for the sake of her obtaining a correct entry clearance when otherwise all the requirements are met?
Is here anybody who would think it is not a problem to send the mother back?

In Chikwamba the Court seems to say that sending a mum back just for the sake of correct entry clearance serves no good purpose and that the application must be resolved inside the UK on its merits. Does it mean to be resolved by the Home Office at the application level or that the applicant must be originaly refused and then file an appeal and then hers appeal must be permitted?

What do you think about Chikwamba in a circumstance where there is a 5 y o child has to be left in the UK (attends school on full-time basis)?

[jane2018]

Given that you have been so ill advised by your solicitor already regarding your FLR(FP) application, I would take his advise regarding the NHS fee paid which is mandatory with ANY visa application (not visitor visa which you had) with a pinch of salt. You are an overstayer with no legal status in terms of immigration.

The NHS should charge you at 150% of cost.

HO isn't 'threatening' you and it is also not 'unfair and unreasonable'. They are following the rules, which you are not, unfortunately, exempt from simply due to being married to a British citzen. We have all had to follow the rules in order to live in the UK as foreigners.

Rule says:
1. an applicant who applied 28 days before expiration of his/hers immigration status keeps that status until Home Office decide your application +14 days after+if file appeal/review/new application during all that time as well.
2. As soon you paid NHS surcharge you are permitted to use NHS until and unless Home Office refunds you that surcharge in case if application is rejected and appeal is not taken.

Who said that I did not follow the rules? May be you are not aware but UK must follow Human Rights laws which protect family rights e.g. Article 8 under which FLR(FP)applications are developed for exactly the difficult situations to prevent separation of family members. Especially mother and minor UK citizen children.

You may have a misconception of Human Rights v The Immigration Rules
Note:
"Article 8 is not absolute. Human rights law recognises that people have the right to a family and private life, but also recognises that the state has the right to exercise immigration control"
AND
"It is worth remembering that having a British partner or child is not enough to be granted leave to remain in the UK. The Home Office do have to show that they have considered the "best interests" of the British child, but having a British child is not enough in itself to obtain leave to remain.

Sometimes, the Home Office will say the breach is proportionate (or even that there will not be a breach) because the British citizen or resident can go and live with the person being removed in their country, or they can keep in touch by Skype and email etc. Supporting evidence could be gathered to show why that would not work – why the British citizenship or leave to remain in the UK has to be in the UK, or why the relationship wouldn't work over the internet or through occasional visits."

https://righttoremain.org.uk/toolkit/humanrights.html

Of course there must be cases where ON THE BALANCE the removal of the parent would be proportionate to the benefits/detriments of the society, so a decision-maker must weight the detriment to the applicant and her family against the public benefit e.g. in cases where parent has a serious criminal record removal often appopriate. But the government cannot remove person if the removal serves no real purpose just because the removal is physically possible. Otherwise the home office would be denying 99,99% of applications where in fact they grant most of them.

[jane2018]

Given that you have been so ill advised by your solicitor already regarding your FLR(FP) application, I would take his advise regarding the NHS fee paid which is mandatory with ANY visa application (not visitor visa which you had) with a pinch of salt. You are an overstayer with no legal status in terms of immigration.

The NHS should charge you at 150% of cost.

HO isn't 'threatening' you and it is also not 'unfair and unreasonable'. They are following the rules, which you are not, unfortunately, exempt from simply due to being married to a British citzen. We have all had to follow the rules in order to live in the UK as foreigners.

I inclined to rely on the professional advice rather than on somebody unknown unlicensed in the internet forum and highly advice everybody to do the same. The sooner you get the professional(solicitor/barristor) to help, the better your chances for success and the better you and your family sleep.

Yes, I believe a country signatory of the Human Rights Convention with its Art 8 must obey it and cannot separate a mother and young children for no good reason. I also believe that the Home Office must follow its own laws (e.g. the Act of 2009) which are very clear that the Government must consider the best interests of the children. In my case if you read carefully what I said the Home Office expressly refused to consider the interests of my children because the Home Office decided (why? negligence?) that they do not live with me and my husband. Isn't it unfair and illogical?
I believe (as well as my professional advisors) that the Home Office made a clear-cut error by failing even to consider the interests of my children.
Yes, I think being married for 10 years and have 2 kids together is good enough reason to permit to stay in the UK. If that is not enough, what is enough? The Home Office grants 70% of family based leaves/visas, most of the applicants are newly married and do not have kids. They get their visas and I am not. Unfair?

[CR001]

I inclined to rely on the professional advice rather than on somebody unknown unlicensed in the internet forum and highly advice everybody to do the same. The sooner you get the professional(solicitor/barristor) to help, the better your chances for success and the better you and your family sleep.

You are of course assuming an awful lot if you believe there are no qualified members on the forum.

You have chosen to post your questions on an internet forum for free advice which we gladly provide, so don't shoot the messenger as my fellow mod Casa has already said, when you are given advice and it might not be exactly what you would like to hear.

I will leave others to comment further, but you only have to read the press over the last year or so to see how many parents of various nationalities have been sent back and separated from their families.