what I need to do?

Post by **Casa** » Fri Dec 24, 2010 1:45 pm

Asalam alaikum Mohammed.
I've removed your personal email details + the application tracking number to protect your privacy and from receiving unsolicited Spam.
You are more than welcome to continue with your posts on the forum, but I really feel that your best way forward would be to seek legal advice.

qudah · Post by **qudah** » Fri Dec 24, 2010 1:45 pm

what is the difference between FLR O and FLR M?

when I submit the application, with the GP and through a lawyer, will the Home Office reject it directly, or they will look at it then decide to accept or reject?

chinagef · Post by **chinagef** » Fri Dec 24, 2010 1:49 pm

qudah wrote:what is the difference between FLR O and FLR M?

when I submit the application, with the GP and through a lawyer, will the Home Office reject it directly, or they will look at it then decide to accept or reject?

FLR (O) will be based on discretionary/exceptional grounds, FLR (M) will be based on your marriage.

The HO will have to consider it on the balance of probabilities, therefore if they refuse the application, they have to give their reasons why.

qudah · Post by **qudah** » Fri Dec 24, 2010 1:59 pm

So the GP note will not help me with FLR M, it will help with FLR O.

so what is next for me? what shall i do?

chinagef · Post by **chinagef** » Fri Dec 24, 2010 2:06 pm

qudah wrote:So the GP note will not help me with FLR M, it will help with FLR O.

so what is next for me? what shall i do?

No, the GP's letter will be applicable for either routes you may decide to take.

qudah · Post by **qudah** » Fri Dec 24, 2010 2:09 pm

will local MP help in such status?

chinagef · Post by **chinagef** » Fri Dec 24, 2010 2:15 pm

qudah wrote:will local MP help in such status?

If necessary, then yes. Normally, I would involve an MP if the application is refused.

qudah · Post by **qudah** » Fri Dec 24, 2010 2:23 pm

so,

where to start now?

I am preparing all needed documents, waiting the GP letter, midwife letter and NARIC response to equal the English language exam.

I will contact a lawyer, and will fill the application, but which one? is it the FLR M or FLR O?

I will submit the application before her visa finishes, and I will wait the reject. then I will appeal and ask for MP support.

does having a 2 yrs british daughter help?
and her visa will not finish by February, her 6 months stay will finish, is there any difference in case of rejection? I mean if she was rejected, will they remove her while she is having a valid visa?

chinagef · Post by **chinagef** » Fri Dec 24, 2010 2:28 pm

qudah wrote:so,

where to start now?

I am preparing all needed documents, waiting the GP letter, midwife letter and NARIC response to equal the English language exam.

I will contact a lawyer, and will fill the application, but which one? is it the FLR M or FLR O?

I will submit the application before her visa finishes, and I will wait the reject. then I will appeal and ask for MP support.

does having a 2 yrs british daughter help?
and her visa will not finish by February, her 6 months stay will finish, is there any difference in case of rejection? I mean if she was rejected, will they remove her while she is having a valid visa?

I think once you have gathered all the documentation, the lawyer you instruct will advise on FLR M or FLR O depending on the quality of documentation.

The daugther and wife will help in running the article 8 arguement.

If refused, you will need to check the reasons for refusal and the letter will also stipulate what options you may have then.

qudah · Post by **qudah** » Fri Dec 24, 2010 2:29 pm

thank u for now.

I will come back soon

Post by **MPH80** » Fri Dec 24, 2010 2:46 pm

Ok - I'm just going to reiterate - this could take months. It is entirely possible that this process will not be complete before your 1 1/2 years is complete.

qudah · Post by **qudah** » Fri Dec 24, 2010 6:49 pm

i dont mind if it take this time, as much as her stay in the country is legal.

if I submitted the application, could the HO reject it without studying it?
or they should study it then decide to reject or accept it?

What is the minimum duration from submitting the application until rejecting it? coz she might get in her 30 week of pregnancy, then she cant leave bcoz of that.

ajmal · Post by **ajmal** » Fri Dec 24, 2010 9:20 pm

qudah wrote:i dont mind if it take this time, as much as her stay in the country is legal.

if I submitted the application, could the HO reject it without studying it?
or they should study it then decide to reject or accept it?

What is the minimum duration from submitting the application until rejecting it? coz she might get in her 30 week of pregnancy, then she cant leave bcoz of that.

Qudah whether your wife apply FLM (M) or (0) , under immigration laws your wife cannot switch to spouse visa from family visitor visa as her duration of stay is 180 days. The home office will hold your wife application for indefinate period and if you involve your local MP, homeoffice is bound to reply within 30 days. They will reject your wife application under immigration laws but will give her right of appleal . Your wife will going to win her right of appeal under article 8 on human rights ground but the homeoffice will give her 3 years Discretionary leave on human rights basis extendable for another 3 years in total of 6 years . She can only apply indefinate leave after 6 years in that case.

I think you have been misguided by british embassy when your wife apply for settlement visa and had they rejected her application your wife can easily win on right of appeal at that time.

The best way is that you apply extension for her family visitor visa for another 6 months on FLR (0) form and the reason for extension will be pregnency.

Dont be rush for the time being and apply for her settlement again later. She will ultimately get indefinate status later on which is her right as married to British Citizen.

qudah · Post by **qudah** » Fri Dec 24, 2010 9:27 pm

thanks for ur reply,

why I to apply on FLR O rather than FLR M?

after a year and 3 months from now, I can go home with her for few months, cause I will be done with my training and study. so all what i want is to make her stay for the next 15 months legal, then we can go back and apply for spouse visa from her country if we didnt manage to get it from here.

ajmal · Post by **ajmal** » Fri Dec 24, 2010 9:34 pm

qudah wrote:thanks for ur reply,

why I to apply on FLR O rather than FLR M?

after a year and 3 months from now, I can go home with her for few months, cause I will be done with my training and study. so all what i want is to make her stay for the next 15 months legal, then we can go back and apply for spouse visa from her country if we didnt manage to get it from here.

For family visitor visa extension the right form is FLR (0). If your wife manage to get extension as per her GP letter then there are chances that she can switch her visa within UK as its more then 180 days which is requirement for switching visa.

qudah · Post by **qudah** » Fri Dec 24, 2010 9:58 pm

i thought that it is FLR M for spouse,as written on the form

ajmal · Post by **ajmal** » Fri Dec 24, 2010 10:05 pm

qudah wrote:i thought that it is FLR M for spouse,as written on the form

Yes for extension of spouse visa its FLR (M) but under immigration rules you cannot switich to spouse visa from family visitor visa if its less then 180 days

qudah · Post by **qudah** » Fri Dec 24, 2010 10:08 pm

the 180 days are her stay here?
so if she overstayed, we can then do FLR M ?

ajmal · Post by **ajmal** » Fri Dec 24, 2010 10:14 pm

qudah wrote:the 180 days are her stay here?
so if she overstayed, we can then do FLR M ?

Qudah dont be confused. Your wife has 180 days family visitor visa. She cannot switich her family visitor visa to spouse visa. But if she gets extension on her family visitor visa then she can apply for spouse visa within immigration rules on FLR (M) FORM

qudah · Post by **qudah** » Fri Dec 24, 2010 10:21 pm

my wife has 2 yrs multiple entry family visitor visa.

ajmal · Post by **ajmal** » Fri Dec 24, 2010 10:27 pm

qudah wrote:my wife has 2 yrs multiple entry family visitor visa.

But she cannot stay more then 180 days in one go. She needs extension to stay more then 180 days in one go

qudah · Post by **qudah** » Fri Dec 24, 2010 10:35 pm

so u r saying that b4 the 180 days finish, we should apply using the FLR O and the GP letter he issued her.

my question is, when we apply, what is the minimum duration that the HO will take to reject the application?

could they refuse studying the case? or the must study it then decide to reject or accept?

qudah · Post by **qudah** » Sun Dec 26, 2010 11:29 am

when we apply, what is the minimum duration that the HO will take to reject the application?

could they refuse studying the case? or they must study it then decide to reject or accept?

Post by **Casa** » Sun Dec 26, 2010 12:03 pm

They have to consider everything you have submitted before making a decision.

qudah · Post by **qudah** » Sun Dec 26, 2010 12:13 pm

thats good,
can we start discussing the outcome.
I will submit application before her legal period finish, so she wont overstay here.

first, what is the minimum time period to reject any application?

what are the options of rejection? I heard that sometimes they refuse the application without giving the right to appeal, if this will be the case, what shall we do?

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what I need to do?