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

[tei123]

i ve been married since 1/12/12,been with my wife for 3 yrs now and been in uk since 2007 on a visit visa which i overstayed....we dont ve any kids

good morning,just to update u guys that i just got a call from my solicitor and it was not what i wanted to hear,i have been refused with no right of appeal,i applied based on my british wife...at the moment i dont no the reasons for the refusal will let u no when i meet my solicitor on tuesday for my next line of action...
question 1.does any of you guys no of any JR case or cases that went in favour of the applicant?

2,how abt overstayers returning back to their home countries to re apply as a spouse ,would i be refused if i choose to go and re apply back home?

Hello Tei123
God is fair. You will get your visa in God's time. Thank God for your wife st least its better someone in the family has their stay. How long have you being married? When did you move to UK and do you have kids?
Also what are your timelines.
After all is said and done they will grant you.

[alina143]

@verbina and @kukuwife thanks for ur reply its my partner hes just done his biometrics and he signs on every month

Yep. Then he needs to carry on signing on every month babe

Thanks again

[Time503]

good morning,just to update u guys that i just got a call from my solicitor and it was not what i wanted to hear,i have been refused with no right of appeal,i applied based on my british wife...at the moment i dont no the reasons for the refusal will let u no when i meet my solicitor on tuesday for my next line of action...
question 1.does any of you guys no of any JR case or cases that went in favour of the applicant?

2,how abt overstayers returning back to their home countries to re apply as a spouse ,would i be refused if i choose to go and re apply back home?

Tei123 sorry about the refusal, like verbina said please should you intend to return to your home country and apply for a spouse visa do make sure you meet all requirements
It's well with you.

[tei123]

thanks for ur reply Time503,dont honestly no what best line of action to take now...am still in a state of shock.My wife meets all the requirements but the fear of going back and not knowing when i will be coming back cos i overstayed my visit visa since 2007,am scared they might use that against me and i dont no if the JR would be in my favour despite the fact that i ve been with my wife for 3yrs and been married since 01/12/12.any advice would be much appreciated pls

good morning,just to update u guys that i just got a call from my solicitor and it was not what i wanted to hear,i have been refused with no right of appeal,i applied based on my british wife...at the moment i dont no the reasons for the refusal will let u no when i meet my solicitor on tuesday for my next line of action...
question 1.does any of you guys no of any JR case or cases that went in favour of the applicant?

2,how abt overstayers returning back to their home countries to re apply as a spouse ,would i be refused if i choose to go and re apply back home?

Tei123 sorry about the refusal, like verbina said please should you intend to return to your home country and apply for a spouse visa do make sure you meet all requirements
It's well with you.

[tei123]

i honestly dont no what best line of action to take now...am still in a state of shock.My wife meets all the requirements but the fear of going back and not knowing when i will be coming back cos i overstayed my visit visa since 2007,am scared they might use that against me and i dont no if the JR would be in my favour despite the fact that i ve been with my wife for 3yrs and been married since 01/12/12.neither of as has got kids so we can go down that route

ANY ADVICE ABOUT JR WOULD BE MUCH APPRECIATED PLEASE

[summer2013]

Just found out I've been denied, I applied on the basis of a child in the UK. Haven't read the paperwork yet so I don't know the actual reason for it yet. But I have been in the UK for a year and a half, a year of that waiting on my application. My british husband supports me and our son who was born here and we don't collect any benefits. I have the right to appeal... And I was wondering those who've been denied and have appealed how long they've been waiting?

Applied 7 sept 2012
Bio done 21 feb 2013
Denied 26 sept 2013

Sorry about the refusal.

Ive been waiting since 1st July 2013 for a hearing appointment. my solicitor contacted the tribunal and they informed us that i should expect my hearing t be in between Feb and April 2014

oh my dear GOD such an awful long wait, how are we going to cope with this......days seems years to me at the moment.

im sorry guys for being so negative, i know some of you dont need to hear this but i dont think im strong enough for another battle of years.

i know how you feel Summer,

i do feel like that sometimes,

but on other days i feel hopeful and strong to continue the battle.

make sure you surround yourself with family, friends and love ones...it is the best supporting system anyone can have.

what are you waiting for now?

x

hi hatsuku, my solicitor send PAP letter 2 weeks ago, probably soon will apply for JR.
it hurts to hear the long process about JR but on the other hand ist better to prepare yourself from the beginning. thank you for sharing this and do continue to be strong for the battle!!

by the way any idea what status do we have while waiting for court?

[summer2013]

Just found out I've been denied, I applied on the basis of a child in the UK. Haven't read the paperwork yet so I don't know the actual reason for it yet. But I have been in the UK for a year and a half, a year of that waiting on my application. My british husband supports me and our son who was born here and we don't collect any benefits. I have the right to appeal... And I was wondering those who've been denied and have appealed how long they've been waiting?

Applied 7 sept 2012
Bio done 21 feb 2013
Denied 26 sept 2013

Sorry about the refusal.

Ive been waiting since 1st July 2013 for a hearing appointment. my solicitor contacted the tribunal and they informed us that i should expect my hearing t be in between Feb and April 2014

oh my dear GOD such an awful long wait, how are we going to cope with this......days seems years to me at the moment.

im sorry guys for being so negative, i know some of you dont need to hear this but i dont think im strong enough for another battle of years.

i know how you feel Summer,

i do feel like that sometimes,

but on other days i feel hopeful and strong to continue the battle.

make sure you surround yourself with family, friends and love ones...it is the best supporting system anyone can have.

what are you waiting for now?

x

hi hatsuku, my solicitor send PAP letter 2 weeks ago, probably soon will apply for JR.
it hurts to hear the long process about JR but on the other hand ist better to prepare yourself from the beginning. thank you for sharing this and do continue to be strong for the battle!!

by the way any idea what status do we have while waiting for court?

[verbina]

i honestly dont no what best line of action to take now...am still in a state of shock.My wife meets all the requirements but the fear of going back and not knowing when i will be coming back cos i overstayed my visit visa since 2007,am scared they might use that against me and i dont no if the JR would be in my favour despite the fact that i ve been with my wife for 3yrs and been married since 01/12/12.neither of as has got kids so we can go down that route

ANY ADVICE ABOUT JR WOULD BE MUCH APPRECIATED PLEASE

@tei

Listen hun, I got a little bit of advice for when you go to see your solicitor.
My best friend was in the same position as you , she is now in Moscow getting her paperwork sorted to apply from there.
Anyway, in her case she was refused, then solicitor started to push her towards JR at a cost of £4000. Basically when she first suggested to her solicitor that she may just want to return home and reapply from there he start saying how much of a bad idea that is and bla bla and how JR is pretty much guaranteed.
Because obviously some solicitors think they will lose a client this way and they will prolong an in-country process for as long as they can get away with and extract as much cash from us as they can.
So, we decided to trick this solicitor and convince him that my friend wants him to represent her in her out-of-country application also (we even pretended we want to pay him his fee in advance, before she goes back.)
Well guess what? The sucker fell for it left right and centre!! He totally changed his tune saying that in fact if thats what she wants to do, then he wont discourage her and yeah it will work quicker then JR and at the end he was saying its a brilliant plan!! ( Although she wont be using him of course, she wont be using a solicitor at all cause its pretty straight-forward process at the embassy and if you have all the right paperwork etc you re good to go.)
So moral of this story: when you go in to see your solicitor and if he sounds dead against you going home to re-apply, try and use this tactic to get an honest advice out of him! Good luck!!

[tei123]

thanks again for ur reply, i would put it to her when we meet...My wife will try and sort her payslips letter from her HR at work on monday and i would make sure all the paperwork are ok b4 anymove

[progeny5kay]

thanks again for ur reply, i would put it to her when we meet...My wife will try and sort her payslips letter from her HR at work on monday and i would make sure all the paperwork are ok b4 anymove

Hi @ tei123 just to contribute to this base on my experience, going outside the country is OK if your woman can meet the requirement but is your partner British? and if the answer is yes then it is almost certain that they will delay you for up to 12 months or there about cos you have overstayed there was a time they came out with the rule of facing a year ban before coming back into the UK if you have overstayed more than 28 days although they will not tell you this while processing your application at the embassy but they will only finalized the application a little to 12 months or a little beyond that, I have few friends that had done this, two of them just last two years and most of them was around that time frame so just prepare for a year, I hope this helps.

[verbina]

thanks again for ur reply, i would put it to her when we meet...My wife will try and sort her payslips letter from her HR at work on monday and i would make sure all the paperwork are ok b4 anymove

Hi @ tei123 just to contribute to this base on my experience, going outside the country is OK if your woman can meet the requirement but is your partner British? and if the answer is yes then it is almost certain that they will delay you for up to 12 months or there about cos you have overstayed there was a time they came out with the rule of facing a year ban before coming back into the UK if you have overstayed more than 28 days although they will not tell you this while processing your application at the embassy but they will only finalized the application a little to 12 months or a little beyond that, I have few friends that had done this, two of them just last two years and most of them was around that time frame so just prepare for a year, I hope this helps.

Nope , there s no ban unless you left the country at the expense of the state or have a deportation order made against you.

[progeny5kay]

thanks again for ur reply, i would put it to her when we meet...My wife will try and sort her payslips letter from her HR at work on monday and i would make sure all the paperwork are ok b4 anymove

Hi @ tei123 just to contribute to this base on my experience, going outside the country is OK if your woman can meet the requirement but is your partner British? and if the answer is yes then it is almost certain that they will delay you for up to 12 months or there about cos you have overstayed there was a time they came out with the rule of facing a year ban before coming back into the UK if you have overstayed more than 28 days although they will not tell you this while processing your application at the embassy but they will only finalized the application a little to 12 months or a little beyond that, I have few friends that had done this, two of them just last two years and most of them was around that time frame so just prepare for a year, I hope this helps.

Nope , there s no ban unless you left the country at the expense of the state or have a deportation order made against you.

Ok I might be wrong as none of them was told anything about ban, but i will advise tei123 to be prepared for 12 months as this is what i have seen with most people that have gone to do out of country application as an overstayer.

[progeny5kay]

thanks again for ur reply, i would put it to her when we meet...My wife will try and sort her payslips letter from her HR at work on monday and i would make sure all the paperwork are ok b4 anymove

Hi @ tei123 just to contribute to this base on my experience, going outside the country is OK if your woman can meet the requirement but is your partner British? and if the answer is yes then it is almost certain that they will delay you for up to 12 months or there about cos you have overstayed there was a time they came out with the rule of facing a year ban before coming back into the UK if you have overstayed more than 28 days although they will not tell you this while processing your application at the embassy but they will only finalized the application a little to 12 months or a little beyond that, I have few friends that had done this, two of them just last two years and most of them was around that time frame so just prepare for a year, I hope this helps.

Nope , there s no ban unless you left the country at the expense of the state or have a deportation order made against you.

Ok I might be wrong as none of them was told anything about ban, but i will advise tei123 to be prepared for 12 months as this is what i have seen with most people that have gone to do out of country application as an overstayer.

[verbina]

thanks again for ur reply, i would put it to her when we meet...My wife will try and sort her payslips letter from her HR at work on monday and i would make sure all the paperwork are ok b4 anymove

Hi @ tei123 just to contribute to this base on my experience, going outside the country is OK if your woman can meet the requirement but is your partner British? and if the answer is yes then it is almost certain that they will delay you for up to 12 months or there about cos you have overstayed there was a time they came out with the rule of facing a year ban before coming back into the UK if you have overstayed more than 28 days although they will not tell you this while processing your application at the embassy but they will only finalized the application a little to 12 months or a little beyond that, I have few friends that had done this, two of them just last two years and most of them was around that time frame so just prepare for a year, I hope this helps.

Nope , there s no ban unless you left the country at the expense of the state or have a deportation order made against you.

Ok I might be wrong as none of them was told anything about ban, but i will advise tei123 to be prepared for 12 months as this is what i have seen with most people that have gone to do out of country application as an overstayer.

Oh God, 12 months wait is intense!! My friend is about to apply from back home... I really hope it wont be so bad for her
But yeah, thank you for your words of warning hun

[hatsuku]

[
x

hi hatsuku, my solicitor send PAP letter 2 weeks ago, probably soon will apply for JR.
it hurts to hear the long process about JR but on the other hand ist better to prepare yourself from the beginning. thank you for sharing this and do continue to be strong for the battle!!

by the way any idea what status do we have while waiting for court?

status??

do u mean right to work? or something else?

i am really not sure!

[hatchsead]

thanks again for ur reply, i would put it to her when we meet...My wife will try and sort her payslips letter from her HR at work on monday and i would make sure all the paperwork are ok b4 anymove

Hi @ tei123 just to contribute to this base on my experience, going outside the country is OK if your woman can meet the requirement but is your partner British? and if the answer is yes then it is almost certain that they will delay you for up to 12 months or there about cos you have overstayed there was a time they came out with the rule of facing a year ban before coming back into the UK if you have overstayed more than 28 days although they will not tell you this while processing your application at the embassy but they will only finalized the application a little to 12 months or a little beyond that, I have few friends that had done this, two of them just last two years and most of them was around that time frame so just prepare for a year, I hope this helps.

@progeny5kay, i concur to that, the earliest the visa may be granted is 9 months from abroad especially when the applicant had overstayed before. I have lots of my cousins who have gone through this harrowing experience and know of one whose partner had to engage the services of a solicitor in the UK taking the foreign and commonwealth office/ HO to court here because the High commission continued to refuse the application.
What i don't know is if they only mete out this wickedness to Africans only as all the people i know who experienced this and still experiencing it are all Africans.

[progeny5kay]

Hi @ tei123 just to contribute to this base on my experience, going outside the country is OK if your woman can meet the requirement but is your partner British? and if the answer is yes then it is almost certain that they will delay you for up to 12 months or there about cos you have overstayed there was a time they came out with the rule of facing a year ban before coming back into the UK if you have overstayed more than 28 days although they will not tell you this while processing your application at the embassy but they will only finalized the application a little to 12 months or a little beyond that, I have few friends that had done this, two of them just last two years and most of them was around that time frame so just prepare for a year, I hope this helps.

Nope , there s no ban unless you left the country at the expense of the state or have a deportation order made against you.

Ok I might be wrong as none of them was told anything about ban, but i will advise tei123 to be prepared for 12 months as this is what i have seen with most people that have gone to do out of country application as an overstayer.

Oh God, 12 months wait is intense!! My friend is about to apply from back home... I really hope it wont be so bad for her
But yeah, thank you for your words of warning hun

you are welcome verbina and also i have made a mistake on the first post you will have to have over stayed over 90 days and also there is a mandatory one year ban unless you are applying for entry clearance as family member or under 18 at the time of the breach or overstay so i don't' know what apply to tei123 but of any other categories there is a mandatory one year ban even if you go volountrily at your own expense you can read about it here:
http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

[rina]

@verbina
Please check your inbox

[progeny5kay]

thanks again for ur reply, i would put it to her when we meet...My wife will try and sort her payslips letter from her HR at work on monday and i would make sure all the paperwork are ok b4 anymove

Hi @ tei123 just to contribute to this base on my experience, going outside the country is OK if your woman can meet the requirement but is your partner British? and if the answer is yes then it is almost certain that they will delay you for up to 12 months or there about cos you have overstayed there was a time they came out with the rule of facing a year ban before coming back into the UK if you have overstayed more than 28 days although they will not tell you this while processing your application at the embassy but they will only finalized the application a little to 12 months or a little beyond that, I have few friends that had done this, two of them just last two years and most of them was around that time frame so just prepare for a year, I hope this helps.

@progeny5kay, i concur to that, the earliest the visa may be granted is 9 months from abroad especially when the applicant had overstayed before. I have lots of my cousins who have gone through this harrowing experience and know of one whose partner had to engage the services of a solicitor in the UK taking the foreign and commonwealth office/ HO to court here because the High commission continued to refuse the application.
What i don't know is if they only mete out this wickedness to Africans only as all the people i know who experienced this and still experiencing it are all Africans.

@hatchsead yeah you are right the people stuck in this mess are mostly Africans and I reckon it is because most of the nonsense HO do in their African embassies don't get challenged a lot of the times and also don't get reported back in the UK so they are able to get away with a lot of pathetic reasons to refuse people even if they are qualified to be granted entry, there is someone who investigated the foreign UK embassy and wrote article on it stating the most ridiculous reasons for refusal that is the situation of foreigners at the moment mostly Africans.

[verbina]

@verbina
Please check your inbox

urrrrm I ve not received anything hun

[verbina]

Nope , there s no ban unless you left the country at the expense of the state or have a deportation order made against you.

Ok I might be wrong as none of them was told anything about ban, but i will advise tei123 to be prepared for 12 months as this is what i have seen with most people that have gone to do out of country application as an overstayer.

Oh God, 12 months wait is intense!! My friend is about to apply from back home... I really hope it wont be so bad for her
But yeah, thank you for your words of warning hun

you are welcome verbina and also i have made a mistake on the first post you will have to have over stayed over 90 days and also there is a mandatory one year ban unless you are applying for entry clearance as family member or under 18 at the time of the breach or overstay so i don't' know what apply to tei123 but of any other categories there is a mandatory one year ban even if you go volountrily at your own expense you can read about it here:
http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

yep, I meant as a family member

[Sweetypie]

i ve been married since 1/12/12,been with my wife for 3 yrs now and been in uk since 2007 on a visit visa which i overstayed....we dont ve any kids

good morning,just to update u guys that i just got a call from my solicitor and it was not what i wanted to hear,i have been refused with no right of appeal,i applied based on my british wife...at the moment i dont no the reasons for the refusal will let u no when i meet my solicitor on tuesday for my next line of action...
question 1.does any of you guys no of any JR case or cases that went in favour of the applicant?

2,how abt overstayers returning back to their home countries to re apply as a spouse ,would i be refused if i choose to go and re apply back home?

Hello Tei123
God is fair. You will get your visa in God's time. Thank God for your wife st least its better someone in the family has their stay. How long have you being married? When did you move to UK and do you have kids?
Also what are your timelines.
After all is said and done they will grant you.

Hello Tei123
Don't go back to your country... I would fight if here. Because you have been married for 9 months...
If you can prove with all documents you have been together for 3 years they won't separate you. But I would not volunteer to go home if I was you. Also remember the longer you are together the stronger your case. Also the people who are saying it can also take long from abroad are speaking the truth. Ultimately the decision is yours!

[Why lie]

Morning.....
just a quick update on my JR . i got a letter from the home office treasury solicitor regarding my JR. it says .....
The Secretary of state agrees to a reconsideration of your case and, if that reconsideration does not lead to a grant of leave to remain, she will issue an enforcement decision which will give rise to a right of appeal, this judicial review is therefore now academic. An acknowledgment of service is being filled in order to protect the secretary of state's position but in order to save court time you are invited to agree to withdrawal of the JR and i enclose a draft order for your consideration.
if u agree with the terms of the order, please sign it and return it to the above address. on receipt of the signed consent order , i will proceed to file this with court.
i look forward to hearing from you.

[Kukuwife]

Morning.....
just a quick update on my JR . i got a letter from the home office treasury solicitor regarding my JR. it says .....
The Secretary of state agrees to a reconsideration of your case and, if that reconsideration does not lead to a grant of leave to remain, she will issue an enforcement decision which will give rise to a right of appeal, this judicial review is therefore now academic. An acknowledgment of service is being filled in order to protect the secretary of state's position but in order to save court time you are invited to agree to withdrawal of the JR and i enclose a draft order for your consideration.
if u agree with the terms of the order, please sign it and return it to the above address. on receipt of the signed consent order , i will proceed to file this with court.
i look forward to hearing from you.

Thanks for the update. Pls what do you and your solicitor agree to do

[Why lie]

Morning.....
just a quick update on my JR . i got a letter from the home office treasury solicitor regarding my JR. it says .....
The Secretary of state agrees to a reconsideration of your case and, if that reconsideration does not lead to a grant of leave to remain, she will issue an enforcement decision which will give rise to a right of appeal, this judicial review is therefore now academic. An acknowledgment of service is being filled in order to protect the secretary of state's position but in order to save court time you are invited to agree to withdrawal of the JR and i enclose a draft order for your consideration.
if u agree with the terms of the order, please sign it and return it to the above address. on receipt of the signed consent order , i will proceed to file this with court.
i look forward to hearing from you.

Thanks for the update. Pls what do you and your solicitor agree to
do

i haven't spoken to my barrister yet , but im thinking of requesting the £2000 i paid for the JR from them before i withdraw . just in case they refuse me again.