Discretionary leave vary? - what to do

[smir]

Hi Amber..

I am in UK for 9 years and 3 Months (PSW visa expiring in 2 months).

I need extra 8 months to finish my legal stay in the UK and then I qualify for 10 years.

Can I apply for extension on basis of Human rights Article 8 or Private life and carry on till 8 months are covered.. and differ my application for ILR ?

Do you think it works.. as solicitors are telling me to do this.. as they cant guarantee me Study Visa, as I have been long time in UK on study Visa..

Please guide me Amber.. I am with my wife who is my dependent and My baby who is born in UK 6 months a ago..

please help

[Amber]

The issue will be that if you switch to FLR(FP), your spouse will also have to apply as her PBS dep leave will expire and FLR(FP) does not have deps. If she no longer has PBS dep leave, she'll have to wait 5 years for settlement (or when she reached 10 years) and if the PBS dep leave expires, FLR(M) will have Financial and English requirements. You'll likely also have to appeal your FLR(FP) decision in order to have enough time to make the 10 years. The child does not need any leave. Without the child getting leave s(he) cannot be an over stayer as born in the UK.

[smir]

Thanks Amber
What if I try to extend as a tier 4 ( though all say as you have been student for I will get refusal and not even appeal)


Or I apply entrepreneur and if get refusal will it be again same case ?

Please help and guide
Am I eligible for tier 4 extension ? As already done MBA 2 years 1 years pg diploma and total time on student visa was 7 years 3 months and 2 years PSW visa.
Guidance needed Amber please

The issue will be that if you switch to FLR(FP), your spouse will also have to apply as her PBS dep leave will expire and FLR(FP) does not have deps. If she no longer has PBS dep leave, she'll have to wait 5 years for settlement (or when she reached 10 years) and if the PBS dep leave expires, FLR(M) will have Financial and English requirements. You'll likely also have to appeal your FLR(FP) decision in order to have enough time to make the 10 years. The child does not need any leave. Without the child getting leave s(he) cannot be an over stayer as born in the UK.

[Amber]

Remember you can apply from 28 days before you complete 10 years. Can you not apply for a PhD?

When you apply for SET(LR) at the same time you should apply for FLR(M) for your dep asking for a decision to be made after yours.

[smir]

Thanks Amber


Yes PhD but finance are stopping me
I am not worried about my wife settlement now as once I get atleast I can support my family

My worried is just to extend at least cost this 8 months

So even if I just send my application for ILR early on Human rights and send my wife application too then too she needs English and life in UK test ? Can't they just give my ILR ( in case they are happy for early 8 months application instead of full 10 year) and give my wife just 2-3 years dependent visa without English and life in UK test ? Because she is religious educated and passed only 6 the class as result these classes are hard for her.

Does such early application works (human rights article 8 ) ? Please let me know

Remember you can apply from 28 days before you complete 10 years. Can you not apply for a PhD?

When you apply for SET(LR) at the same time you should apply for FLR(M) for your dep asking for a decision to be made after yours.

[Amber]

The English requirement for your spouse FLR(M) would only be at an A1 level and no LIUK.

[smir]

[Thanks Amber

Really helpful.. and motivating and all free of cost advice..


May God help you and me too.

Thanks

quote="Amber_"]The English requirement for your spouse FLR(M) would only be at an A1 level and no LIUK.[/quote]

[smir]

Amber one query

If I apply any visa like student, entrepreneur or human rights article 8

And God forbid

If I get refusal and get appeal and mean time I finish 10 years

1. Is it important for me to win appeal ? Or I can just differ my case to long residence? Or Nothing to worry I win or loose the case

2. I get appeal but appeal date is after I pass my 10 years then what to do?

Please advice

The English requirement for your spouse FLR(M) would only be at an A1 level and no LIUK.

[Amber]

You can tell the appeal that you have completed 10 years and that should suffice. If not, make a new application (perfectly completed) within 28 days of the appeal determination.

[smir]

Thanks Amber

[Zee ali]

Hi Everyone.
I came to UK in April 2005 on student visa. I got married in nov 2007 in pakistan. My wife joined me in UK in April 2008 as student dependent.
Currently i am on Tier 4 visa expiring May 2014. So I am 11 months short to complete my 10 Years.
Cant extend my student visa as i spent 9 years on student visa. No money for Entrepreneur visa.
2 children will be age 5 years 8 months and 2 years 1 month on expiring of our visa (May 2014).
Any suggestionas for me?????
Which form i need to fill in FLR (FP) or FLR O?????
Do i stand any chance to get DLR????
Can i spend 11 months on visa processing time and on appeal time???????

My Wife previous History
She came in uk along with her parents in 2002 as a visitor. Claimed asylum, which was refused all appeals exhausted. Left UK in july 2006 Voluntarily. My father in law was murdered after 3 weeks of their return. I got married in Nov 07. Applied my wife student dependent visa in Jan 08 which was refused due to deception.
Deception was she hide her last uk visit in her application form as she and my in laws never told me about their UK visit but told about the murder of my father in law.
Applied again in March 2008. This time told UKBA everything about last visit and my father in law unfortunate death with evidence like newspaper cuttings, police report etc etc.
My wife got her student dependent visa in April 2008. and she joined me here same month. We had 3 extension together never had any problem.
Any chance if we mention this history in our application, will this be helpful to get DLR???????

[Zee ali]

Thanks Amber

Any suggestions for me Amber.
U said flr(fp) application u can't include dependents but if u see flr fp form they have dependents fees and other information regarding dependents

[Amber]

Sorry, I meant they can apply for FLR(FP) with you but each case will be judged on its own merits.

[Zee ali]

Sorry, I meant they can apply for FLR(FP) with you but each case will be judged on its own merits.

yes u r right but i describe me full history just to gat an idea hat r the chances of my case.

any suggestion and advise r welcome.

[Amber]

You stand a good chance, anyway, by the time you apply for FLR(FP) and appeal (if necessary) you'll have completed your 10 years.

Include statements from the children's school(s) explaining complete integration and how they've settled here/born here and the UK is the centre of their life. Same for you and as for your spouse, explain there is also a danger of death if she goes back.

[Zee ali]

You stand a good chance, anyway, by the time you apply for FLR(FP) and appeal (if necessary) you'll have completed your 10 years.

Include statements from the children's school(s) explaining complete integration and how they've settled here/born here and the UK is the centre of their life. Same for you and as for your spouse, explain there is also a danger of death if she goes back.

Amber Thank your very much for your useful advise.

[smir]

@Amber

Please guide
Do I have any chance for FLR (FP) ?

9 years 3 months in UK
Wife dependent (11months in UK)
Baby born in the UK 8 months
No criminal case and all in time applications

I ask again because I have totally confused
By solicitors
They say they will invalid application and not even give
Right for appeal and Even in appeal if you cross
10 years they will accuse that at time of application

You didn't full fill requirement and you waste your time 9 years

Please guide me should I take steps for flr (fp)

Student business visa no money and I don't want to
Apply this two visa by borrowing money

Please guide Amber

Sorry, I meant they can apply for FLR(FP) with you but each case will be judged on its own merits.

yes u r right but i describe me full history just to gat an idea hat r the chances of my case.

any suggestion and advise r welcome.

[Amber]

What do you mean they will invalid your case?

[smir]

thanks for reply Amber

They say as you have not finished 10 years they will reject your file and send it back and they will not even right to appeal and like this your stay will break

Or even if you get right to appeal they will bring hearing early so that you don't finish your 10 year and like this your stay break


And even if you finish 10 year in appeal they say at time of application you were not 10 year so auction refused so have to go back home

Please guide me

What do you mean they will invalid your case?

[Amber]

Sorry, you are apply for FLR(FP) first, are you not? Who gave you this advice about invalidating your case?

[smir]

Two solicitors In London

They say you are playing with your life, and if you apply 100% you will get FLR FP rejected and I might not even get appeal as home office will invalid your file and if not in appeal they will throw away case and become illegal

They say apply Business visa and pass time and after 10 year finish differ to ILR

Sorry, you are apply for FLR(FP) first, are you not? Who gave you this advice about invalidating your case?

[Amber]

I don't understand what they mean by invalidate the case. Are these people actually solicitors? If you think you'll be more successful applying as an entrepreneur then that's your choice. If you're paying for legal advice then follow that.

[smir]

No Amber not at all..

I asked you because I dont trust them.. because they speak language of pound noting else..

I just wanted to get proper info from your side.. as i doubted them because they only give info when we give them money that also confusing..like they confused me that it will become invalid...no appeal and refusal..

Ok

I will go for FLR (FP). IA for me my wife and baby..

[Zee ali]

No Amber not at all..

I asked you because I dont trust them.. because they speak language of pound noting else..

I just wanted to get proper info from your side.. as i doubted them because they only give info when we give them money that also confusing..like they confused me that it will become invalid...no appeal and refusal..

Ok

I will go for FLR (FP). IA for me my wife and baby..

@Smir Brother
Please Please Please don't ask this question again and again. How many times we need to tell u all about this.
U can't change your fate. Allah is great. Trust on him.
Those 2 solicitors wants your money for business visa.
Last time i am telling u and please don't PM me. Benefits others as well to post on forum. Do not repeat same question.
U apply flr fp visa.
Even me not meeting the flr fp criteria. But still i am applying and hoping for best outcome. Flr fp visa is a discretionary visa. it's UKBA and court discretion to give us visa or not.
Its all about luck .
Someone i know spent 6 months on waiting time on flro (applied april 2013). He varied his application and got ILR.
Someone i read in this forum left with 3 months to complete 10 years applied flro. HO refused him in 2 months time.
Again all about LUCK LUCK LUCK.
More u ask with different people more u get confuse.

[smir]

Thanks Brother

Got cleared...

InshAllah .. will do it ..

and thanks for help and suggestions too..

No Amber not at all..

I asked you because I dont trust them.. because they speak language of pound noting else..

I just wanted to get proper info from your side.. as i doubted them because they only give info when we give them money that also confusing..like they confused me that it will become invalid...no appeal and refusal..

Ok

I will go for FLR (FP). IA for me my wife and baby..

@Smir Brother
Please Please Please don't ask this question again and again. How many times we need to tell u all about this.
U can't change your fate. Allah is great. Trust on him.
Those 2 solicitors wants your money for business visa.
Last time i am telling u and please don't PM me. Benefits others as well to post on forum. Do not repeat same question.
U apply flr fp visa.
Even me not meeting the flr fp criteria. But still i am applying and hoping for best outcome. Flr fp visa is a discretionary visa. it's UKBA and court discretion to give us visa or not.
Its all about luck .
Someone i know spent 6 months on waiting time on flro (applied april 2013). He varied his application and got ILR.
Someone i read in this forum left with 3 months to complete 10 years applied flro. HO refused him in 2 months time.
Again all about LUCK LUCK LUCK.
More u ask with different people more u get confuse.