FLR(O) or Return back?

[hamid84]

Hi Guys,

Long story here but i will cut it in short:

• Wife came as student in 2007.
  Baby was born in May 2008.
  I received ILR in Oct 2008.
  Wife applied for student extension in Jan 09 ( Refused in March 2010 )
  Applied for COA in Nov 2009 ( Still Waiting for answer )
  Around April 2010, we made a fresh application for her stay in UK under Article 8.
  Appeared in court in Aug 2010. Appeal refused
  Appeared in High Court before senior immigration judge in Nov 2010. Appeal dismissed.

Second baby born in Dec 2010 who is British.

Now we need to make fresh application again as per advise of senior judge so solicitor has suggested either FLR(O) or go to Liverpool in person with witness statement.

I need to know is it better to make an application with in UK or wife should fly back to Home country ( Pakistan ) along kids and apply for entry clearance over there?

Which is the quickest and reliable route? If FLR ( O) is successful, then she would be granted discritionary leave for 3 years, then apply for further visas.

Let me hear your valuable suggestions so that we can take appropriate action.

Thanks

[vinny]

Why were the appeals refused?
See also Doing the right thing?

[elv15]

Why were the appeals refused?

[hamid84]

1st time it was refused because we could not provide enough evidence to judge so he made the decision based on what he had infront of him.

On second hearing, we tried to proove that there was a " Material of law " which first judge ignored but senior judge dismissed the appeal saying " he could not find anything wrong in first decision on the basis of what he had infront of him.

He was quite nice and said to wife you need to make fresh application with in UK after your baby is born.

So now we are in process of collecting new evidences for new mission.

Also i heard that after April 2011, spouse could apply after ILF after 10 years in relationship? How true is this?