FLR(O) Discretionary Leave waiting times ..??

majojo · Post by **majojo** » Wed Sep 18, 2013 8:53 am

naba wrote:Hi dear, I made FLR o application on end of August 2013 as my child spent 7 years here but the application has been invalid due to fee. I received the letter on 14th September 13 Saturday. I resend the application on 16th September 13 Monday. My Tier4 visa expired 8th September13. I have been working, can I continue my work now? Please do advise me. Thanks.

Yes you can you can do full time but must not fill permanent only temporary. Am in same situation a when infinished my course inwas working with a company but they threw me out as they lied saying HO called them but it was beacise they weren't sure about about expired visa. I called the employment team for the ukba and I told them so I got a god job even after that all I gave was the number they can call, my expired visa biometric letter acknowledgement letter and passport as I had copies of that . So you can its just how you present your documents and explain your self to the new employer. All. I pray for now is that my visa comes. I called my MP he got back saying ho said by end if this month which I hope it will come with good news.

majojo · Post by **majojo** » Wed Sep 18, 2013 9:03 am

Summer312 wrote:Hello All

I have been a quiet follower o the forum for months and want to share my story and ask for advice.
My husband applied for an FLR (o) on the 28 Sept 2012 and did his bio on February this year. Our lawyer called called us today to tell us that after waiting a whole year. His application has been refused with no right to appeal and the reasons are

A) we do not have a child
B) we can relocate to Ghana

My husband and I want to start a family but I am unable to give birth at the moment due to medical issues. And for the UKBA to ask me us to pack up an leave to life we have built here is unreasonable.

Is there anything we can do from here on? He has not been given a deportation notice. Any advice would help. Thanks.

Am so sirry to hear this . Am from Ghana my self n my situations is pretty much like yours my wife had a surgery and doctors are saying she had a high chance if getting ectopic pregnancy I added all these documents. But from your story looks like am in the same boat with you then. I was in tier 4 befire

Rubablu · Post by **Rubablu** » Wed Sep 18, 2013 9:08 am

dapsonlee wrote:
Rubablu wrote:

Hi Rubablu and welcome to the forum,

The Home Office are in title to consider whether you are of good character when you apply for your visa so where there is a civil judgement they may consider it a fact on whether your financial affairs when not in order or if it affects your standing on your family. CCJ's are really not the same as having a criminal conviction which may or may not certainly affect your application because it needs to be disclosed I would think so it's down to (Case worker's discretion).

You should consider executing a statutory declaration with your solicitor. This is a sworn statement. You explain about how the ccj has arisen because of you and provide any mitigating circumstances for why the fees were due. You should therefore endeavour to pay the fees of in installments (if you have not done so already) so that when you come to apply for FLR(O) you can show that you have remedied the situation.

If you are able to do this then it is still possible that you will be granted when you come to apply for it. I hope that helps. ☺

Thanks for your reply. I am trying to pay off the amount, hope that will be better for my case.

How much maintenece fund we need ? For how long need to show ? 1 or 3 moths ? Do I need any English test ? Please let me know.thanks

tei123 · Post by **tei123** » Wed Sep 18, 2013 9:10 am

sorry to hear abt ur husbands refusal Summer312,my case is not much different from urs i applied on 27th september,2012 ...but i ve not had a response yet.am also a Ghanaian kinda scared the way they are handling partner cases who have overstayed

majojo · Post by **majojo** » Wed Sep 18, 2013 9:17 am

tei123 wrote:sorry to hear abt ur husbands refusal Summer312,my case is not much different from urs i applied on 27th september,2012 ...but i ve not had a response yet.am also a Ghanaian kinda scared the way they are handling partner cases who have overstayed

Guess we all in the sane boat my Ghana friend . Same situation as well. Waiting fur response my MP wrote me and in the letter home office said by end of this month nyame bua yen

dapsonlee · Post by **dapsonlee** » Wed Sep 18, 2013 9:21 am

Rubablu wrote:
dapsonlee wrote:
Rubablu wrote:

Hi Rubablu and welcome to the forum,

The Home Office are in title to consider whether you are of good character when you apply for your visa so where there is a civil judgement they may consider it a fact on whether your financial affairs when not in order or if it affects your standing on your family. CCJ's are really not the same as having a criminal conviction which may or may not certainly affect your application because it needs to be disclosed I would think so it's down to (Case worker's discretion).

You should consider executing a statutory declaration with your solicitor. This is a sworn statement. You explain about how the ccj has arisen because of you and provide any mitigating circumstances for why the fees were due. You should therefore endeavour to pay the fees of in installments (if you have not done so already) so that when you come to apply for FLR(O) you can show that you have remedied the situation.

If you are able to do this then it is still possible that you will be granted when you come to apply for it. I hope that helps. ☺
Thanks for your reply. I am trying to pay off the amount, hope that will be better for my case.

How much maintenece fund we need ? For how long need to show ? 1 or 3 moths ? Do I need any English test ? Please let me know.thanks

If you hold a degree certificate from a university in this country you need not any English test but if not there is a possibility that you "might" have to.
This link will help you understand the criteria;

http://www.ukba.homeoffice.gov.uk/visas ... -language/

On the basis of financial requirement, this is based either on your partner alone and if you have kids then its slightly higher. In the mean time you can go through the link posted below to see how much is required. I hope this helps.

http://www.ukba.homeoffice.gov.uk/visas ... financial/

tei123 · Post by **tei123** » Wed Sep 18, 2013 9:23 am

majojo wrote:
tei123 wrote:sorry to hear abt ur husbands refusal Summer312,my case is not much different from urs i applied on 27th september,2012 ...but i ve not had a response yet.am also a Ghanaian kinda scared the way they are handling partner cases who have overstayed
Guess we all in the sane boat my Ghana friend . Same situation as well. Waiting fur response my MP wrote me and in the letter home office said by end of this month nyame bua yen

amen,with God all things are possible,we will share good news 2gether soon. Amen

Why lie · Post by **Why lie** » Wed Sep 18, 2013 9:40 am

morning all.
just a little advise for those who have been refused. I was refused back in may and told to contact my local enforcement team, i sent a reconsideration letter which was rejected within 4 days and asked not to send in anymore reconsideration letters as ukba are not obliged to reconsider decisions . I sent in PAP which was also ignored. I had no choice but to go for JR. its been 4 months since i applied for Jr and i haven't heard anything from UKBA. treasury solicitors have written to me 4 times asking me to give them more time as they are very busy with judiciary review cases.
Apparently, they received 3000 judicial review applications last month alone. it looks like there's a backlog of judicial review cases piling up.
My cousin was refused on similar bases as me, he sent in a new application and was granted within weeks, my advise to the refused members is to send in new application rather than going for judicial review which is very expensive or a reconsideration letters unless u don't mind waiting.

Shondra Sharma · Post by **Shondra Sharma** » Wed Sep 18, 2013 10:03 am

@why lie you absolutley right, everyone is refused thats why piles of JR Cases, we talking about backlog in home office now we talking about piles of JR cases in court, oh my god what happening in this country? Home office refused the cases intentionally, they not going to win in court but people here living in a limbo and its too hard to wait for long. Home office thought if we refused their cases might they left volunterally.

verbina · Post by **verbina** » Wed Sep 18, 2013 10:08 am

Morning people!!!

Ok Im a bit confused here, so I have to ask this question (sorry if its a dumb one).
So does it mean if the person's application is refused with no right of appeal that there is no law against the same person submitting a fresh application? Even if its pretty much on the same grounds without new evidence?
Just trying to get my head around all this......

yummymummy3j · Post by **yummymummy3j** » Wed Sep 18, 2013 10:15 am

good morning everyone!it is d beginning of a new day, and i pray you all shall recieve favour from the lord.....i pray all the case workers handling your cases will have clarity of minds , and they will show you mercies and grant all yr visas in jesus name....i pray for those who have been refused that God will give you sense of direction as to what action to take...
To all those who are in financial mess , and those living from hand to mouth, and sleeping on sofas , living off others and those who are lonely and feeling detached from the society all as a result of not having status , or waiting too long for their applications to be decided e.t.c. i pray that the lord almighty will meet you all at the points of your needs... the lord almighty will send good samaritans your way...
To all those who are in violent relationships or facing other forms or hardship compounded by yr immigration issues i pray the lord will put end to all yr sufferings and give you reasons to rejoice...
I will not forget the genius and the highly talented people who have not been able to maximise their potential due to their immigration problems , i pray that very soon the lord will show case you to the world and you will do exploits in jesus name....
you all are in my thoughts and prayer..one lovexxxx

Kukuwife · Post by **Kukuwife** » Wed Sep 18, 2013 10:16 am

verbina wrote:Morning people!!!

Ok Im a bit confused here, so I have to ask this question (sorry if its a dumb one).
So does it mean if the person's application is refused with no right of appeal that there is no law against the same person submitting a fresh application? Even if its pretty much on the same grounds without new evidence?
Just trying to get my head around all this......

Tricky question indeed.
Yes no law is against submission of another application even without new evidences, however, it might be easy to refuse the application based on earlier refusal reason. But one might be lucky that guidance on decision making might have change and this may lead to approval.
Also HO is not organised in any way, a new case worker may just grant the application assuming that the applicant will never give up.

hatchsead · Post by **hatchsead** » Wed Sep 18, 2013 10:35 am

Kukuwife wrote:
verbina wrote:Morning people!!!

Ok Im a bit confused here, so I have to ask this question (sorry if its a dumb one).
So does it mean if the person's application is refused with no right of appeal that there is no law against the same person submitting a fresh application? Even if its pretty much on the same grounds without new evidence?
Just trying to get my head around all this......
Tricky question indeed.
Yes no law is against submission of another application even without new evidences, however, it might be easy to refuse the application based on earlier refusal reason. But one might be lucky that guidance on decision making might have change and this may lead to approval.
Also HO is not organised in any way, a new case worker may just grant the application assuming that the applicant will never give up.

@verbina, kukwife is absolutely correct, crazy as it may seem, it usually depends on the case worker handling the case. More senior caseworkers are more likely to grant visas if they see reasonable documentation but the young ones are not that liberal, am not sure if its experience on the part of the senior caseworkers or wickedness on the part of the junior ones.
My suggestion will be to try and sent in a fresh application but if refused again, JR route may then be the last resort.

dapsonlee · Post by **dapsonlee** » Wed Sep 18, 2013 10:38 am

Kukuwife wrote:
verbina wrote:Morning people!!!

Ok Im a bit confused here, so I have to ask this question (sorry if its a dumb one).
So does it mean if the person's application is refused with no right of appeal that there is no law against the same person submitting a fresh application? Even if its pretty much on the same grounds without new evidence?
Just trying to get my head around all this......
Tricky question indeed.
Yes no law is against submission of another application even without new evidences, however, it might be easy to refuse the application based on earlier refusal reason. But one might be lucky that guidance on decision making might have change and this may lead to approval.
Also HO is not organised in any way, a new case worker may just grant the application assuming that the applicant will never give up.

Kukuwife just hit the nail on the head. To each case worker, different level of brain activity. Whilst some can't wait to hit the pub, overlook facts just to sour their mouths with fish chips and vinegar, some compassionate case workers might actually take their time to look carefully at all the evidence and make a considerable decision in your favour. May the good lord guide our applications to the latter. Home office is a house of trial and error, if first you don't succed dust yourself off to try again.

tinapalak · Post by **tinapalak** » Wed Sep 18, 2013 10:53 am

@ hatchsead thanks for reply .i think ur all applications will be granted soon .
@shondra sharma if you don't mind can i ask you what is the main reason they gave you in ur refusal letter ?

Shondra Sharma · Post by **Shondra Sharma** » Wed Sep 18, 2013 11:18 am

@tinapalak we might grant your daughter under 7 year child rules but unfortunatley you (parents) don't have any stay in the time of application. They didn't mention my child anything, because my child never back to my country and born here in uk and nearly 10 years old ( in a 15 days time).

ada4msd · Post by **ada4msd** » Wed Sep 18, 2013 11:50 am

Goodmorning all, thanks for the heartmelting 'welcoming rite'. Actually I have not put in my FLR O App yet, but I know I will be doing so soon, I have a Zambrano app already in which from the look of things HO will refuse except God turns their wisdom into Ahitophel's foolishness. Will switch to FLR O, once I get their negative letter, so am waiting aswell.

tinapalak · Post by **tinapalak** » Wed Sep 18, 2013 12:04 pm

@ shondra sharma thanks for reply .they just found excuses to reject every ones applications. you will definataly win your case in court. my solicitor advice me to go in court and he said it takes time but 100% i can win there.but i am doing application again before going in court .let's see what outcome is .i am ready for anything .but can't give up.

astro123 · Post by **astro123** » Wed Sep 18, 2013 12:15 pm

[quote="verbina"]Morning people!!!

Ok Im a bit confused here, so I have to ask this question (sorry if its a dumb one).
So does it mean if the person's application is refused with no right of appeal that there is no law against the same person submitting a fresh application? Even if its pretty much on the same grounds without new evidence?
Just trying to get my head around all this......[/quote]

I think when they introduced the new rules most solicitors did not know how to argue their clients rights and they were just sending it without arguing with case laws and stuff. Now they know how to argue well . that's what I think

verbina · Post by **verbina** » Wed Sep 18, 2013 12:50 pm

yummymummy3j wrote:good morning everyone!it is d beginning of a new day, and i pray you all shall recieve favour from the lord.....i pray all the case workers handling your cases will have clarity of minds , and they will show you mercies and grant all yr visas in jesus name....i pray for those who have been refused that God will give you sense of direction as to what action to take...
To all those who are in financial mess , and those living from hand to mouth, and sleeping on sofas , living off others and those who are lonely and feeling detached from the society all as a result of not having status , or waiting too long for their applications to be decided e.t.c. i pray that the lord almighty will meet you all at the points of your needs... the lord almighty will send good samaritans your way...
To all those who are in violent relationships or facing other forms or hardship compounded by yr immigration issues i pray the lord will put end to all yr sufferings and give you reasons to rejoice...
I will not forget the genius and the highly talented people who have not been able to maximise their potential due to their immigration problems , i pray that very soon the lord will show case you to the world and you will do exploits in jesus name....
you all are in my thoughts and prayer..one lovexxxx

Awwwh !!! Those are some seriously moving words princess!!!! Brought tears to my eyes!!!! Amen to all your prayers and may The Almighty be always there for you and your lovely family!!!
Love, light and peace!!! xxxxxx

verbina · Post by **verbina** » Wed Sep 18, 2013 12:58 pm

Thank you everyone for answering my question!! I guess it makes more sense now, but still sounds like a bit of a gamble- submitting a fresh app and hoping it will land in the hands of experienced caseworker... But what if it doesnt?? So at least when going for JR its heard by experienced immigration judges, right? So apart from the costs and long waiting times overall JR is a better sounding option methinks.... Besides, additional waiting makes all Article 8 claims much stronger...

astro123 · Post by **astro123** » Wed Sep 18, 2013 1:00 pm

Summer312 , check your inbox

Shondra Sharma · Post by **Shondra Sharma** » Wed Sep 18, 2013 1:06 pm

@verbena I totally agree what will happened again HO refuse after fresh application. Another £1500 gone for nothing, if you add another £1500 you can go for JR. they have a easy to refuse again because it was refuse first place better go JR judge will decide and give a justice.

Kukuwife · Post by **Kukuwife** » Wed Sep 18, 2013 1:18 pm

verbina wrote:Thank you everyone for answering my question!! I guess it makes more sense now, but still sounds like a bit of a gamble- submitting a fresh app and hoping it will land in the hands of experienced caseworker... But what if it doesnt?? So at least when going for JR its heard by experienced immigration judges, right? So apart from the costs and long waiting times overall JR is a better sounding option methinks.... Besides, additional waiting makes all Article 8 claims much stronger...

Absolutely

Summer312 · Post by **Summer312** » Wed Sep 18, 2013 3:14 pm

dapsonlee wrote:
Summer312 wrote:Hello All

I have been a quiet follower o the forum for months and want to share my story and ask for advice.
My husband applied for an FLR (o) on the 28 Sept 2012 and did his bio on February this year. Our lawyer called called us today to tell us that after waiting a whole year. His application has been refused with no right to appeal and the reasons are

A) we do not have a child
B) we can relocate to Ghana

My husband and I want to start a family but I am unable to give birth at the moment due to medical issues. And for the UKBA to ask me us to pack up an leave to life we have built here is unreasonable.

Is there anything we can do from here on? He has not been given a deportation notice. Any advice would help. Thanks.
Hi summer312. Sorry to hear about your husbands refusal a lot of decisions are coming out of Home Office without paying attention to the facts submitted by the OP (Original Applicant). Could you shed a little more light on your husbands case and/or background pls, is he an overstayer and/or on what grounds was the application made?

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