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Waiting time and advice

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highlanderz1
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Waiting time and advice

Post by highlanderz1 » Sat Dec 11, 2010 11:38 pm

Hello guys, ive just sent off my flr(o) application on saturday 11th. This is my situation i was in the british army for 3 years 7 months, i've got leave to remain up till 14th of this month.

I've got a girlfriend who is british and in professional fulltime work, we've been together for about 3 years, have been living together for about 1 years 8 months.

Together with the application form, below is a list of documents ive sent:

Utility bills in both our names(electric, water, gas, phones)
Council tax in both our names
tenancy agreements in both our names which ends next year.
Her supporting letter
My supporting letter
My British army certificate of service
My close protection certificate
My NATO certificate
Pay slips
Both our passport( hers british, mine Fijian)
My A level certificates

I'm applying for extension of leave to remain.

Is my application straight forward? how long will it take?

Appreciate anyone who has experience and know how, to share some light.

Many Thanks.

Mr Rusty
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Re: Waiting time and advice

Post by Mr Rusty » Sun Dec 12, 2010 7:59 am

highlanderz1 wrote:Hello guys, ive just sent off my flr(o) application on saturday 11th. This is my situation i was in the british army for 3 years 7 months, i've got leave to remain up till 14th of this month.

I'm applying for extension of leave to remain.

.
On what grounds?

You will only qualify as an unmarried partner if you can show that you have been living together in a relationship akin to marriage for at least 2 years. If you've only been living with your g/f for 1year 8 months you may be refused if that is the basis on which you applied.

Additionally, if you are applying as an unmarried partner, i.e. a form of settlement, you are required to pass a test in English - see this page:-
http://www.ind.homeoffice.gov.uk/siteco ... e-partners
Unfortunately there is no exemption for nationals of Fiji or ex-soldiers.

So you'd better think of a plan B quickly.

highlanderz1
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Re: Waiting time and advice

Post by highlanderz1 » Sun Dec 12, 2010 1:52 pm

Mr Rusty wrote:
highlanderz1 wrote:Hello guys, ive just sent off my flr(o) application on saturday 11th. This is my situation i was in the british army for 3 years 7 months, i've got leave to remain up till 14th of this month.

I'm applying for extension of leave to remain.

.
On what grounds?

You will only qualify as an unmarried partner if you can show that you have been living together in a relationship akin to marriage for at least 2 years. If you've only been living with your g/f for 1year 8 months you may be refused if that is the basis on which you applied.

Additionally, if you are applying as an unmarried partner, i.e. a form of settlement, you are required to pass a test in English - see this page:-
http://www.ind.homeoffice.gov.uk/siteco ... e-partners
Unfortunately there is no exemption for nationals of Fiji or ex-soldiers.

So you'd better think of a plan B quickly.
That is what i was adviced by the immigration to fill out, ask outside the rules, i've been working here paying taxes, served in the armed forces, haven't broken any immigration rules and you're telling me i will be refused??

On this forum ive read people who were illiegal either overstayer or came in illegally etc yet were given 3 years discretionary leave yet someone like me cant. Whats going on??

Should i just request my application form back and go back to Fiji?? since its useless waiting since i will be refused anyway?

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Casa
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Post by Casa » Sun Dec 12, 2010 2:06 pm

Discretionary leave often takes years before a decision is made and it's not always a positive one. Even couples with children together find themselves in this position.
The UKBA regulations state that the full 2 years must be completed with documentary evidence submitted that the couple were living together in a relationship 'akin to marriage'. In addition, as Mr Rusty has advised, even if you met the 2 year rule your application for FLR(M) would be refused as you now have to comply with the newly introduced English test before submitting the application.
You mention that 'Immigration' advised you to apply outside of the rules.
Do you mean the UKBA or a Immigration Advisor and was this for DL following your time here in the British Army or as an unmarried partner?
Have you considered marriage?

highlanderz1
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Post by highlanderz1 » Sun Dec 12, 2010 2:20 pm

Casa wrote:Discretionary leave often takes years before a decision is made and it's not always a positive one. Even couples with children together find themselves in this position.
The UKBA regulations state that the full 2 years must be completed with documentary evidence submitted that the couple were living together in a relationship 'akin to marriage'. In addition, as Mr Rusty has advised, even if you met the 2 year rule your application for FLR(M) would be refused as you now have to comply with the newly introduced English test before submitting the application.
You mention that 'Immigration' advised you to apply outside of the rules.
Do you mean the UKBA or a Immigration Advisor and was this for DL following your time here in the British Army or as an unmarried partner?
Have you considered marriage?
Well i was advised by the UKBA and was stated in their letter which ive also sent them with my application, i forgot to mention that i'm currently on leave to remain which the homeoffice gave me and i'm applying to extend that under the one they gave me and my time here with the army, me being in relationship with a british is just an added reason but not solely reason for my request.

Thank you for your replies anyway, do you think i should withdraw my application and go home?? since as Mr Rusty said i wont get given the visa. I just dont want to be waisting my time waiting.

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Casa
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Post by Casa » Sun Dec 12, 2010 2:32 pm

If you're paying for legal advice then you should continue to follow their instructions. It appears from your most recent post that you aren't applying as an Unmarried Partner but for DL under your present category...which didn't seem to be the case in your opening post.

highlanderz1
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Post by highlanderz1 » Sun Dec 12, 2010 2:41 pm

Casa wrote:If you're paying for legal advice then you should continue to follow their instructions. It appears from your most recent post that you aren't applying as an Unmarried Partner but for DL under your present category...which didn't seem to be the case in your opening post.
Oh yeah i didnt really mentioned in my OP ab about why im applying for DL.
Anywayz Thankx for your advice.

highlanderz1
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Post by highlanderz1 » Tue Dec 21, 2010 4:11 pm

Hello again guys, about my flr(o) application they've taken the money out on the 13/12/2010 and ive received an acknowledgement letter today 21/12/2010 which was dated 13/12/2010 the day they took the money out.

In the letter it had everything correct, my address, name etc but instead of MR and my fullname it was MRS and my fullname, and they mentioned they would appreciate it if i didnt enquire about the progress of my application before i hear from them.

Should i worry about the MRS or is it perhaps just a typing error? should i contact them about the typing error? will it affect my visa application? i mean they got all my documents and passports etc and unless my case officer is really crossed eyed he/she should be able to tell in my passport and read in other documents that i'm a dude.

Zebrudaya
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Location: Essex

Post by Zebrudaya » Wed Dec 22, 2010 4:06 pm

I suggest you write/phone HO to correct your title ( mrs to Mr ), to prevent future problems.................. You are contacting HO over an important error by it, not disturbing HO over the quick release of your visa etc.

hikz
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Post by hikz » Wed Jan 26, 2011 12:47 am

i dont know alot about these matters, and i dont wana give u some misleading information, so im gona just tell u wt happened with me. its a totally different story but its quite similar regarding marriage. the HO recognised my (ISLAMIC) marriage, even though i was with my wife for less than a year. it happened after providing utility bills, council tax and a supporting letter from my British wife. im not advising u as im not qualified to but i just wanted to share my story in case its helpful...

highlanderz1
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Post by highlanderz1 » Thu Feb 17, 2011 7:52 pm

Hello guys, just wanted to let you know i've received my leave to remain today, from application sent to visa recieved it took 2 months minus a week at least for christmas and new year time due to homeoffice on leave.

Goodluck to you guys still waiting.

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