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

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Why lie
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Ghana

Post by Why lie » Fri May 03, 2013 7:56 pm

yahwadud wrote:
Why lie wrote:
justice12 wrote:]Yes I'm the biological father . I don't know why . It just doesn't make no sense to me .
wowww they are going to far with this now ! clearly the decisions makers are amateurs from the job center , anyway all this refusals will get back to them in the futures as another big backlog , that all they want we can do that is very easy .

No I don't have no criminal record , never been involved with the police !
are you still together with your spouse?[/quote]

Yes we are still together .

Prince74
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Posts: 150
Joined: Fri Feb 24, 2012 4:36 pm
Location: London

Re: Hey

Post by Prince74 » Fri May 03, 2013 8:04 pm

MRLAOLU wrote:Hi Prince

I'm sorry about the passing of your mum. I wish you and the rest of your family the grace to bear the irreparable loss.

Concerning the appeal, I thought it is when you still have a valid LTR like Rec212 that they don't give appeal rights as you're not been sent out of the country as a result of the refusal. Do you know where I can find this fact. I'm just confused.

Thanks.
Prince74 wrote:
cookies wrote:
rec212 wrote:@ everyone, thank you guys so much for your suggestions :)

The standard practice is to give right of appeal if you have an existing visa.

1st of all I did not know that I could get the right of appeal with the removal notice. My visa runs out on the 12th of May so when am I supposed to get it?

2nd How long does the spouse visa application take? I do not want to overstay and consequently breach the immigration law...

Thank you.
Ooh, I see, well I don't think you'll be getting a "removal letter" if your visa is still valid. :)
As you are making your application whilst you have existing visa, you would get right of appeal.

rec212
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Posts: 106
Joined: Mon Apr 01, 2013 11:19 pm

Hi

Post by rec212 » Fri May 03, 2013 8:31 pm

I have not used the wrong form because my solicitor asked me to use the FLR(O)

I am just confused right now cuz in the refusal letter, there is no appeal, and today my solicitor said that maybe in the notice letter will be a right to appeal.

So why didn't they give me a right to appeal from the very beginning?
Last edited by rec212 on Fri May 03, 2013 8:44 pm, edited 3 times in total.

Fayvritt
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Post by Fayvritt » Fri May 03, 2013 8:42 pm

Why lie wrote:
yahwadud wrote:
Why lie wrote:
justice12 wrote:]Yes I'm the biological father . I don't know why . It just doesn't make no sense to me .
wowww they are going to far with this now ! clearly the decisions makers are amateurs from the job center , anyway all this refusals will get back to them in the futures as another big backlog , that all they want we can do that is very easy .

No I don't have no criminal record , never been involved with the police !
are you still together with your spouse?
Yes we are still together .[/quote]

Keisha
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Posts: 217
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Post by Keisha » Fri May 03, 2013 8:49 pm

@Chidy....welcome to the forum and all the best with your application.

@Why....I'm sorry to hear about the refusal but it doesn't make sense at all.I reckon your solicitor should request an appeal.This sounds like a £6.50 decision made all in the name of reducing backlog.Clearly,their reason is ridiculous.Fight on as its your right to be with your family.

How long have you been in the country for,if I may ask?

cookies
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Joined: Mon Apr 15, 2013 6:20 pm
Scotland

Post by cookies » Fri May 03, 2013 9:02 pm

Why lie wrote:
yahwadud wrote:
Why lie wrote:
justice12 wrote:]Yes I'm the biological father . I don't know why . It just doesn't make no sense to me .
wowww they are going to far with this now ! clearly the decisions makers are amateurs from the job center , anyway all this refusals will get back to them in the futures as another big backlog , that all they want we can do that is very easy .

No I don't have no criminal record , never been involved with the police !
are you still together with your spouse?
Yes we are still together .[/quote]

That's crazy!!! If you have a British partner and a British child they shouldn't have refused you at all! Why did they refuse you, what were their grounds? and can you share your story briefly with us???

Prince74
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Posts: 150
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Location: London

Re: Hi

Post by Prince74 » Fri May 03, 2013 9:11 pm

rec212 wrote:I have not used the wrong form because my solicitor asked me to use the FLR(O)

I am just confused right now cuz in the refusal letter, there is no appeal, and today my solicitor said that maybe in the notice letter will be a right to appeal.

So why didn't they give me a right to appeal from the very beginning?
Your solicitor is making it hard to understand. Refusal letter and Notice of Decision usually come together, what's he really talking about.

cookies
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Posts: 135
Joined: Mon Apr 15, 2013 6:20 pm
Scotland

Re: Hi

Post by cookies » Fri May 03, 2013 9:14 pm

rec212 wrote:I have not used the wrong form because my solicitor asked me to use the FLR(O)

I am just confused right now cuz in the refusal letter, there is no appeal, and today my solicitor said that maybe in the notice letter will be a right to appeal.

So why didn't they give me a right to appeal from the very beginning?
Hey Rec, what I said earlier about the sections (8H and 8L are both part of the FLRO form, there are different sections within the form that are for different purposes. Which one did you fill out? if you open the flro form you'll know what I'm talking about.
http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

Prince74
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Location: London

Post by Prince74 » Fri May 03, 2013 9:17 pm

Why lie wrote:
yahwadud wrote:
Why lie wrote:
justice12 wrote:]Yes I'm the biological father . I don't know why . It just doesn't make no sense to me .
wowww they are going to far with this now ! clearly the decisions makers are amateurs from the job center , anyway all this refusals will get back to them in the futures as another big backlog , that all they want we can do that is very easy .

No I don't have no criminal record , never been involved with the police !
are you still together with your spouse?
Yes we are still together .[/quote]

I am baffled by Why Lie's refusal, it does not make sense to me. Did the caseworker actually read or even understand the rule post-July 2012? Did he/she look at the section that deals with British spouse/children? Put in an application for judicial review immediately. The government thinks that by removing legal aid from immigration cases people will no longer be in a position to bring cases against immigration refusals. These people are bastards!

yahwadud
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Re: Hi

Post by yahwadud » Fri May 03, 2013 9:19 pm

cookies wrote:
rec212 wrote:I have not used the wrong form because my solicitor asked me to use the FLR(O)

I am just confused right now cuz in the refusal letter, there is no appeal, and today my solicitor said that maybe in the notice letter will be a right to appeal.

So why didn't they give me a right to appeal from the very beginning?
Hey Rec, what I said earlier about the sections (8H and 8L are both part of the FLRO form, there are different sections within the form that are for different purposes. Which one did you fill out? if you open the flro form you'll know what I'm talking about.
http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf
,cookies , am sure rec212. use the section 8L INSTEAD OF 8H

cookies
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Posts: 135
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Scotland

Re: Hi

Post by cookies » Fri May 03, 2013 9:21 pm

yahwadud wrote:
cookies wrote:
rec212 wrote:I have not used the wrong form because my solicitor asked me to use the FLR(O)

I am just confused right now cuz in the refusal letter, there is no appeal, and today my solicitor said that maybe in the notice letter will be a right to appeal.

So why didn't they give me a right to appeal from the very beginning?
Hey Rec, what I said earlier about the sections (8H and 8L are both part of the FLRO form, there are different sections within the form that are for different purposes. Which one did you fill out? if you open the flro form you'll know what I'm talking about.
http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf
,cookies , am sure rec212. use the section 8L INSTEAD OF 8H
oh ok, because if I recall rec mentioned being refused because he hasn't been with his partner for 20 years, it sounds more like the 8H section. Rec, best of luck to you anyways, it seems that there are 2 cases here on this forum currently that have been wrongly refused! I'm shocked!

Why lie
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Post by Why lie » Fri May 03, 2013 9:23 pm

Keisha wrote:@Chidy....welcome to the forum and all the best with your application.

@Why....I'm sorry to hear about the refusal but it doesn't make sense at all.I reckon your solicitor should request an appeal.This sounds like a £6.50 decision made all in the name of reducing backlog.Clearly,their reason is ridiculous.Fight on as its your right to be with your family.

How long have you been in the country for,if I may ask?
Been here for 10 years , been with my girlfriend for 8 years ( still together ) my daughter is 6 years , they demanded to see their passports 2 weeks ago . I sent them , got refused today !

cookies
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Joined: Mon Apr 15, 2013 6:20 pm
Scotland

Post by cookies » Fri May 03, 2013 9:25 pm

Why lie wrote:
Keisha wrote:@Chidy....welcome to the forum and all the best with your application.

@Why....I'm sorry to hear about the refusal but it doesn't make sense at all.I reckon your solicitor should request an appeal.This sounds like a £6.50 decision made all in the name of reducing backlog.Clearly,their reason is ridiculous.Fight on as its your right to be with your family.

How long have you been in the country for,if I may ask?
Been here for 10 years , been with my girlfriend for 8 years ( still together ) my daughter is 6 years , they demanded to see their passports 2 weeks ago . I sent them , got refused today !
I'm shocked, really shocked and worried at the same time! what documents have you submitted, did you have a solicitor prepare your papers? :shock:

Why lie
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Post by Why lie » Fri May 03, 2013 9:26 pm

Prince74 wrote:
Why lie wrote:
yahwadud wrote:
Why lie wrote:
wowww they are going to far with this now ! clearly the decisions makers are amateurs from the job center , anyway all this refusals will get back to them in the futures as another big backlog , that all they want we can do that is very easy .

No I don't have no criminal record , never been involved with the police !
are you still together with your spouse?
Yes we are still together .
I am baffled by Why Lie's refusal, it does not make sense to me. Did the caseworker actually read or even understand the rule post-July 2012? Did he/she look at the section that deals with British spouse/children? Put in an application for judicial review immediately. The government thinks that by removing legal aid from immigration cases people will no longer be in a position to bring cases against immigration refusals. These people are bastards![/quote]

Came here 2003 on visit visa and overstayed till now .
How do I go about jr and how much is it ?

rec212
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Posts: 106
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Post by rec212 » Fri May 03, 2013 9:30 pm

I would like to apply for a judicial review as I have not given any right to appeal. I have that is possible or not.
Last edited by rec212 on Fri May 03, 2013 9:32 pm, edited 1 time in total.

Why lie
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Post by Why lie » Fri May 03, 2013 9:30 pm

cookies wrote:
Why lie wrote:
Keisha wrote:@Chidy....welcome to the forum and all the best with your application.

@Why....I'm sorry to hear about the refusal but it doesn't make sense at all.I reckon your solicitor should request an appeal.This sounds like a £6.50 decision made all in the name of reducing backlog.Clearly,their reason is ridiculous.Fight on as its your right to be with your family.

How long have you been in the country for,if I may ask?
Been here for 10 years , been with my girlfriend for 8 years ( still together ) my daughter is 6 years , they demanded to see their passports 2 weeks ago . I sent them , got refused today !
I'm shocked, really shocked and worried at the same time! what documents have you submitted, did you have a solicitor prepare your papers? :shock:
Yes my solicitor did everything , I submitted every possible documents u can think of . I'm shocked and upset , it don't make sense to me at all .

cookies
Member
Posts: 135
Joined: Mon Apr 15, 2013 6:20 pm
Scotland

Post by cookies » Fri May 03, 2013 9:34 pm

Why lie wrote:
cookies wrote:
Why lie wrote:
Keisha wrote:@Chidy....welcome to the forum and all the best with your application.

@Why....I'm sorry to hear about the refusal but it doesn't make sense at all.I reckon your solicitor should request an appeal.This sounds like a £6.50 decision made all in the name of reducing backlog.Clearly,their reason is ridiculous.Fight on as its your right to be with your family.

How long have you been in the country for,if I may ask?
Been here for 10 years , been with my girlfriend for 8 years ( still together ) my daughter is 6 years , they demanded to see their passports 2 weeks ago . I sent them , got refused today !
I'm shocked, really shocked and worried at the same time! what documents have you submitted, did you have a solicitor prepare your papers? :shock:
Yes my solicitor did everything , I submitted every possible documents u can think of . I'm shocked and upset , it don't make sense to me at all .
sorry if I missed this, but did you get a right to appeal?? I would send them an email to ask for reconsideration! this is ridiculous! They did not consider the best interests of the British child here at all! Why lie, so your daughter and partner are both British, right?

Fayvritt
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Post by Fayvritt » Fri May 03, 2013 9:42 pm

Why lie wrote:
yahwadud wrote:
Why lie wrote:
justice12 wrote:]Yes I'm the biological father . I don't know why . It just doesn't make no sense to me .
wowww they are going to far with this now ! clearly the decisions makers are amateurs from the job center , anyway all this refusals will get back to them in the futures as another big backlog , that all they want we can do that is very easy .

No I don't have no criminal record , never been involved with the police !
are you still together with your spouse?
Yes we are still together .[/quote]

The decision is ridiculous, u need to fight to the last cos u definitely have a strong case. They refused it because u applied before the new rules, apply again in the accessing right to a child category, they will give u, don't apply in the other purposes/reasons category it makes it complicated. Your case is similar but even stronger than someone who was granted cos he applied in the accessing right category (new rules), how u make the application counts a lot so make sure u apply in the accessing right to a child category and use the same address as the child and mum

Why lie
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Post by Why lie » Fri May 03, 2013 9:43 pm

cookies wrote:
Why lie wrote:
cookies wrote:
Why lie wrote:
Been here for 10 years , been with my girlfriend for 8 years ( still together ) my daughter is 6 years , they demanded to see their passports 2 weeks ago . I sent them , got refused today !
I'm shocked, really shocked and worried at the same time! what documents have you submitted, did you have a solicitor prepare your papers? :shock:
Yes my solicitor did everything , I submitted every possible documents u can think of . I'm shocked and upset , it don't make sense to me at all .
sorry if I missed this, but did you get a right to appeal?? I would send them an email to ask for reconsideration! this is ridiculous! They did not consider the best interests of the British child here at all! Why lie, so your daughter and partner are both British, right?
Yes they are both British .

rec212
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Posts: 106
Joined: Mon Apr 01, 2013 11:19 pm

Post by rec212 » Fri May 03, 2013 9:43 pm

cookies wrote: sorry if I missed this, but did you get a right to appeal?? I would send them an email to ask for reconsideration! this is ridiculous! They did not consider the best interests of the British child here at all! Why lie, so your daughter and partner are both British, right?
you cannot ask for a reconsideration when you have been given no right to appeal the decision; you can lodge a judicial review to the tribunal.

The judicial review must be done through public funds (solicitors) which is costly :(
Therefore I have no idea about my outcomes...
Last edited by rec212 on Fri May 03, 2013 10:06 pm, edited 1 time in total.

justice12
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Post by justice12 » Fri May 03, 2013 9:43 pm

[/quote]

Yes my solicitor did everything , I submitted every possible documents u can think of . I'm shocked and upset , it don't make sense to me at all .[/quote]

why lie you go for judicial review with another solicitor if you can , as clearly you lawyer done you big time by applying for right to access to British child while you still with your girl friend . and the HO find out that's you still with your girl and not keen to be married in the future . that's what I think they refuse you .

justice12
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Post by justice12 » Fri May 03, 2013 9:59 pm

far far to many bad advices people talking about reconsideration while this can take up to 3 to 4 years !!

now another one advising that's he should fill an application with right to access to a British miner while he is already done that and this is why he is refused becoz he still with his girl friend .

so guys please if you are not sure don't advice people , that could turn their life down .

Fayvritt
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Post by Fayvritt » Fri May 03, 2013 10:29 pm

justice12 wrote:far far to many bad advices people talking about reconsideration while this can take up to 3 to 4 years !!

now another one advising that's he should fill an application with right to access to a British miner while he is already done that and this is why he is refused becoz he still with his girl friend .

so guys please if you are not sure don't advice people , that could turn their life down .
The new rules makes such cases easier to grant, what he applied for is DLR cos he said waited for 1 yr and it's not been a year since the new rules took effect (13 July 2012). The access right is to a child is now within the immigration rules so its not a hassle anymore, they don't have to give their discretion, if u can proof u have a child you take care of, they will grant you. Just use the right form, right category and you'll get it.

justice12
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Algeria

Post by justice12 » Fri May 03, 2013 10:42 pm

Fayvritt wrote:
justice12 wrote:far far to many bad advices people talking about reconsideration while this can take up to 3 to 4 years !!

now another one advising that's he should fill an application with right to access to a British miner while he is already done that and this is why he is refused becoz he still with his girl friend .

so guys please if you are not sure don't advice people , that could turn their life down .
The new rules makes such cases easier to grant, what he applied for is DLR cos he said waited for 1 yr and it's not been a year since the new rules took effect (13 July 2012). The access right is to a child is now within the immigration rules so its not a hassle anymore, they don't have to give their discretion, if u can proof u have a child you take care of, they will grant you. Just use the right form, right category and you'll get it.
right to access to a British child to fit in you need to show evidence that's you are separated from your wife/ girl friend and that's not the case .and the guy is already done so !!!!

Prince74
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Post by Prince74 » Fri May 03, 2013 11:27 pm

rec212 wrote:
cookies wrote: sorry if I missed this, but did you get a right to appeal?? I would send them an email to ask for reconsideration! this is ridiculous! They did not consider the best interests of the British child here at all! Why lie, so your daughter and partner are both British, right?
you cannot ask for a reconsideration when you have been given no right to appeal the decision; you can lodge a judicial review to the tribunal.

The judicial review must be done through public funds (solicitors) which is costly :(
Therefore I have no idea about my outcomes...
Incorrect advice: you ask for reconsideration when no right of appeal has been given. The HO is unlikely to reconsider it. A new policy regarding reconsideration was put out on 13 November 2012 to stop people who have been refused not to ask for reconsideration. It was requests for reconsideration that created the 14,000 backlog that was discovered by John Vine in January. The HO are trying to prevent this from happening, when refused, they want you to either appeal or leave the country even though you have not given you right to appeal.

JR can not only be brought through public fund, in fact, as legal aid has been stopped in immigration cases, you now have to pay this privately. JR is expensive and before you are allowed to proceed, the decision you are challenging has to be based on point of law. You can not simply ask for JR because you do not like the decision you got.

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