Discretionary leave vary? - what to do

[smir]

Moreover I am worried about talking to HO directly.

do u think any negative can happen while discussing ? or its just call centre ..

please guide me

Thanks Amber
I will try with this

in case they ask about my Sol what should I say ? because all correspondence is through my Sol and I have no link and contact

will HO ask any think or for security reasons will they tell me any think ?

So perhaps say FLR(O) and article 8 leave?

[drocky]

Dear Member, My apologies for posting the question here.... struggled to find the correct ling to ask the question.

I came to the UK from India in Sep 2013 on Tier 1 (General) dependent visa with my daughter (10 year old, born in India).

In Dec-2013, my marriage broke as a result of Domestic abuse. Ex was not cautioned or charged by police. but i decided to leave him with my daughter. Now I came to know that Ex has written to HO for curtailing my tier 1 visa and i have a court case for child in the family court. I will most likely get the residence order for my daughter. My Ex is currently paying me £918 a month for house and food. We are not living with in the family house. My question is what is the case i can use to stay in the country as I have nothing to return to india as my parents are both dead and i have no home or job in India.

I don't work here, but looking for a job. If I were to make application for DL, what ground I can use. I have been in this country only for 7-8 months. But lived in UK in 2003 for 7 months with my daughter and Ex. My Ex is still on tier 1 visa and does not have ILR, but will qualify in Mar 2015.

Any suggestion are very welcome !!!

Cheers

[drocky]

Dear Member, My apologies for posting the question here.... struggled to find the correct ling to ask the question.

I came to the UK from India in Sep 2013 on Tier 1 (General) dependent visa with my daughter (10 year old, born in India).

In Dec-2013, my marriage broke as a result of Domestic abuse. Ex was not cautioned or charged by police. but i decided to leave him with my daughter. Now I came to know that Ex has written to HO for curtailing my tier 1 visa and i have a court case for child in the family court. I will most likely get the residence order for my daughter. My Ex is currently paying me £918 a month for house and food. We are not living with in the family house. My question is what is the case i can use to stay in the country as I have nothing to return to india as my parents are both dead and i have no home or job in India.

I don't work here, but looking for a job. If I were to make application for DL, what ground I can use. I have been in this country only for 7-8 months. But lived in UK in 2003 for 7 months with my daughter and Ex. My Ex is still on tier 1 visa and does not have ILR, but will qualify in Mar 2015.

Any suggestion are very welcome !!!

Cheers

Guys can someone please help me !!

[Amber]

You'll have to attempt FLR(FP) as DLR no longer exists.

[drocky]

You'll have to attempt FLR(FP) as DLR no longer exists.

Hi Amber,Thanks for your response. Do I have a case with FLR(FP) as my immigration history is legal but VERY SHORT. 7 months. I am victim of Domestic violence and i have police letters to prove all of it, only thing is that my Ex does not have ILR or british citizen.

If i were to apply to UKBA, it cannot be via family route as I don't think i qualify the requirements. So i guess it has to be outside immigration law. What do you think ?

so what is the best thing to do ? And if you are able to share your views about the timelines of the application process.

Much appreciated.

Cheers

[Amber]

Contact Southall Black Sisters (click).

[drocky]

Hi Amber,

I have been there not much of help. I was hoping to get some advice here. I am worried sick...

Thx

[Amber]

They have to consider the welfare of the child, so it's not absolutely zero chance.

[drocky]

They have to consider the welfare of the child, so it's not absolutely zero chance.

Thanks Amber. I have no money for solicitor... so could you kindly help me with what i can possibly do to build up my case...

Thanks

[Amber]

Read this information (click).

[smir]

Hi Amber
Hope you remember

I received refusal decision + Removal decision but with right to appeal in 2 weeks

And they have mentioned the date when My soli applied FLR 0 as my application date.. hope it means my soli was correct that they asked for more info and told to sign flr fp form...

Now I need just 4.5 months without counting 28 days of my 10 years to finish.

What you think Amber it will be easy for me ?

Thanks

Try 08435158453.

[Shondra Sharma]

@smir go for a appeal hopefully you will be alright by the time, now tribunal is very busy you can kill that 4.5 months, finger cross and then you completed your 10 years in uk. When did you applied? can you share your time line, when did you have a biometric and when they refused?

[smir]

Thanks brother Sondra

Just send me link where to share time line and I will do it by night when I reach home as I am working now


Brother 4.5 months without 28 days, with 28 days it will be 5.5 months hope it's ok?

And I have baby born in UK and wife who came here last year only both applied on my dependent.
And hope my right to work and 3c continues God willing

Meeting soli in coming days

What will happen to them in case ?

@smir go for a appeal hopefully you will be alright by the time, now tribunal is very busy you can kill that 4.5 months, finger cross and then you completed your 10 years in uk. When did you applied? can you share your time line, when did you have a biometric and when they refused?

[Shondra Sharma]

Here is the link: http://www.immigrationboards.com/immigr ... l#p1056867

Don't worry @smir you will be fine as I said before tribunal is very busy because of so many refusal, definitley you will kill this 4.5 or 5.5 months, I am not sure how it works, when you are in appeal process, anyway we will find out does it apply before 28 days to reach 10 years or not?

[Zee ali]

Here is the link: http://www.immigrationboards.com/immigr ... l#p1056867

Don't worry @smir you will be fine as I said before tribunal is very busy because of so many refusal, definitley you will kill this 4.5 or 5.5 months, I am not sure how it works, when you are in appeal process, anyway we will find out does it apply before 28 days to reach 10 years or not?

U will be fine smir as i told u in pm.

Part of your wife and kid its bit tricky.

When u clock 10 years than u have 2 options

1.Withdraw your appeal and put set lr for yourself and flr m for your wife but u need to show 18600 financial requirement. Dont apply for your kid as he/she will get BC once u get ILR.

2. Go to your hearing and tell the judge that u clock 10 years. Judge will ask home office to reconsider your case. Here is the tricky part nobody sure what visa u will get ILR or 2.5 years Discretionary leave.

But 2nd part will save u money like (2nd application fees). Read page 24 25 26 of 67

https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

Read page 9 of 26 onwards

furthermore

https://www.gov.uk/government/uploads/s ... e-life.pdf

Read page 24 25 26 of 67

[smir]

Thanks I have done it

please check

one question

they gave right to appeal to me and my wife too

but no right to appeal to my small 12 MONTHS old UK born baby.

and brother Sondra.. are their any type of appeal that my soli has to do >

someone told me one is paper appeal and one is through lawyer

i am confused..please guide me.. and once my soli launch appeal is their any reason that they throw away the appeal >>

I am asking because I dont want to be fooled by my soli asking more money by more reasons which are not genuine
if you guide me it will help me please

Here is the link: http://www.immigrationboards.com/immigr ... l#p1056867

Don't worry @smir you will be fine as I said before tribunal is very busy because of so many refusal, definitley you will kill this 4.5 or 5.5 months, I am not sure how it works, when you are in appeal process, anyway we will find out does it apply before 28 days to reach 10 years or not?

[smir]

No appeal for child

By the way child was born in UK so I just took his bang passport and submitted so I think that's why no appeal

But do you think it will affect further application ?quote="Shondra Sharma"]Here is the link: http://www.immigrationboards.com/immigr ... l#p1056867

Don't worry @smir you will be fine as I said before tribunal is very busy because of so many refusal, definitley you will kill this 4.5 or 5.5 months, I am not sure how it works, when you are in appeal process, anyway we will find out does it apply before 28 days to reach 10 years or not?[/quote]

[smir]

I have told by my employer that I have no right to work

Can someone tell me why

They used employee checking service

My flr fp was refused with right to work and my lawyer appealed already before deadline

Please help

[smir]

My soli contacted tribunal and tribunal said they have back log and they are currently dealing with appeal dated 9th July

As a result my appeal is not yet processed

That's why home office saying no right to work

[smir]

Hello Amber and all friends

I got appeal hearing in February 2015 and
now My 10 year finish in December 2014

Please guide me what to do ??

I dont want to withdraw appeal and apply in december as i will loose right to work.. and I dont want to do that

please guide me what to do please

[Amber]

Inform the tribunal and send a completed SET(LR) it will be marked void but should be sent to the PO as a priority.

[smir]

Thanks for reply Amber

Please tell me when should I inform tribunal and when should I apply ILR ?


Please guide me and if possible with link

My current soli said we will withdraw and apply ILR

I said no I do t want to do that as I will loose right to work ?

When should I inform tribunal and when should I apply

And also my wife appeal also with me so what about her ?

She came 2 years before

Currently as I am working I am able to show required amount of salary

One baby is born here and second is coming in November

10 year finish in dec

Do I need to inform tribunal now ?

Inform the tribunal and send a completed SET(LR) it will be marked void but should be sent to the PO as a priority.

[Amber]

From 28 days before your 10 year period completes.

[smir]

From 28 days before your 10 year period completes.

Thanks Amber

So what I will do is

1. Within 28 days I finish my 10 years I will apply ILR for me and flr m for my wife and baby

2. Inform tribunal about application of my wife and me only as my baby dosent have right to appeal

3. Not to withdraw appeal and Then just relax and wait

When I apply for my ILR and my wife flr M

Do I need to submit salary requirement 18600 and. English A1 certi for my wife ?

And can I avoid application if my baby who is born here ? But I got his passport in UK

Please guide

[Amber]

If you a child born in the UK, the child doesn't require leave.

I'd relax and wait. Yes a Financial and English (A1) requirement for FLR(M).