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

[Believe2013]

Hi @narrow i was the one that sent you a message
welcome to the family as I would like to call it.. Anyways, I urge you to put in an application before you turn 18. After then, you are classified as an adult, things are very tough in the terms of immigration legislation at the moment. You do not qualify for the 7 year concession so your options are limited to private life, compassionate grounds or asylum/article 3. You have a sister as a guardian and you WOULD have to state CATEGORICALLY your lack of cultural, social & political ties to your country of origin. Mentioning your parents could compromise your application without a doubt. Please note, I am not advising you to lie to the HO. Time is of essence and your weapon at the moment is SECTION 55 Children's ACT 2009 'Every Child Matters' You only have a few weeks in which you can apply so if you can submit an application please do so. Have you sought legal advice and what are the lawyers saying?

All the best!

[djbonnet]

Hi. I thought al share my timeline aswell. I applied s an overstayer married to british citizen since 2010 and just had twin babies in may 2014.


Date Applied/Docs sent for: 16/06/2014
Date Received Ack. Letter: 23/06/2014 
Date Biometrics booking and european convention letter arrived: 02/0/2014
Date Biometrics Done at PO : 04/07/2014
Date Docs received from HO: Waiting 
Date Biometrics received : Waiting 
Visa Type : FLR(FP)

[icehouse256]

I just found out that the HO won the judgement on minimum income threshold. Is this true ? https://www.gov.uk/government/news/home ... -threshold

[Zee ali]

I just found out that the HO won the judgement on minimum income threshold. Is this true ? https://www.gov.uk/government/news/home ... -threshold

Yes Its true

[nomorepride]

Hello lovely members,

I am a silent reader of the forum, recently joined so I wish to ask for some advice on my matter as well.

I came to the uk in 2011 as a visitor with my daughter (17 at d the time) who has got tier 4 general student visa at the time. I came with pregnancy and I gave birth september that year (the baby is british).

I have now submitted an application for leave to remain based on the fact that my baby is british. My question is: Is there anything i can do for my daughter when her tier 4 visa expires? Can she be my dependant when i get my own leave?.

Thanks so much in advance for answering

[Kombwe]

@ nomorepride I can tell you that you will be wasting your money if you lodged an application , you have only only been in the country for 2.5 years . Just because your child was born in this country it doesn't mean they will grant you. Please can you give the background of case and the grounds you are applying on.

[subtlegirl]

@ nomorepride I can tell you that you will be wasting your money if you lodged an application , you have only only been in the country for 2.5 years . Just because your child was born in this country it doesn't mean they will grant you. Please can you give the background of case and the grounds you are applying on.

Can she apply for derivative rights through EEA route?
Or does the father have to be European citizen instead of British?

link:
https://www.gov.uk/derivative-right-res ... ligibility

Area of eligibility (possibly - seek second opinion please):
You’re from outside the EEA and a primary carer

You can apply if you’re from outside the European Economic Area (EEA) and the primary carer of one of the following:
a British child who would have to leave the EEA with you if you left

[Believe2013]

To apply for a derivative res permit the applicant MUST be under 18 and a full dependant of main applicant. So @Subtle girl the answer is NO.
The obvious option would be family rights of both mother & daughter They could cite Beoku - Betts vs SSHD case and the key would lie in the ties with their country of origin, no harm in trying from that angle! There has been a bit of an overkill on that case law unless they can find something similar along those lines i.e AB (Jamaica) v SSHD a very similar principle was applied. All the best

[nomorepride]

@ nomorepride I can tell you that you will be wasting your money if you lodged an application , you have only only been in the country for 2.5 years . Just because your child was born in this country it doesn't mean they will grant you. Please can you give the background of case and the grounds you are applying on.

@Kobwe that I am new in the country is not a ground for refusal, I have seen those who came less than a year and was granted. I applied on the flr fp form as a mother of a british child. My question was based on my older daughter which you have failed to answer. I am positive and will come here in few weeks to testify to d goodness of God.

[subtlegirl]

@ nomorepride I can tell you that you will be wasting your money if you lodged an application , you have only only been in the country for 2.5 years . Just because your child was born in this country it doesn't mean they will grant you. Please can you give the background of case and the grounds you are applying on.

@Kobwe that I am new in the country is not a ground for refusal, I have seen those who came less than a year and was granted. I applied on the flr fp form as a mother of a british child. My question was based on my older daughter which you have failed to answer. I am positive and will come here in few weeks to testify to d goodness of God.

I'm curious through what route will you be granted if your british child is 2.5 years?

I'm asking because a friend is in a similar situation.

Her son is British but she doesn't have a relationship with the dad. Her route is to apply for derivative as the primary carer of a british child. Well she's hoping that will be successful. That's why I suggested it earlier.

If you have a relationship with the father of your child then your circumstances will be different.

[subtlegirl]

@ nomorepride I can tell you that you will be wasting your money if you lodged an application , you have only only been in the country for 2.5 years . Just because your child was born in this country it doesn't mean they will grant you. Please can you give the background of case and the grounds you are applying on.

@Kobwe that I am new in the country is not a ground for refusal, I have seen those who came less than a year and was granted. I applied on the flr fp form as a mother of a british child. My question was based on my older daughter which you have failed to answer. I am positive and will come here in few weeks to testify to d goodness of God.

Sorry if I didn't make it clear. I was clarifying about the 2 year old child.

If she is successful in her leave to remain then your suggestion is the route I'm aware of.

Bare in mind that's exactly what I'm using and I've been refused and I'm now going through judicial review.

My mum is British and I'm her only child. I don't have ties to my home country and I've been here almost 15 years. Yet they've refused me.

[Believe2013]

Sorry Point of clarity subtle-girl - my initial reponse was with regards to nomorepride's 20yr old daughter( if my maths doesnt let me down)
Nomorepride can very well apply as a primary carer of her 2.5 yr old and Goodluck to her! The conundrum though is she would have mention her 20 year old daughter in her application which will prompt the Ho to ask her to submit an application in her own right as an adult!

[Believe2013]

@ nomorepride I can tell you that you will be wasting your money if you lodged an application , you have only only been in the country for 2.5 years . Just because your child was born in this country it doesn't mean they will grant you. Please can you give the background of case and the grounds you are applying on.

@Kobwe that I am new in the country is not a ground for refusal, I have seen those who came less than a year and was granted. I applied on the flr fp form as a mother of a british child. My question was based on my older daughter which you have failed to answer. I am positive and will come here in few weeks to testify to d goodness of God.

Sorry if I didn't make it clear. I was clarifying about the 2 year old child.

If she is successful in her leave to remain then your suggestion is the route I'm aware of.

Bare in mind that's exactly what I'm using and I've been refused and I'm now going through judicial review.

My mum is British and I'm her only child. I don't have ties to my home country and I've been here almost 15 years. Yet they've refused me.

You are clearly a faster typer than me! Well 15 years is no joke goodluck with the proceedings

[nomorepride]

Sorry Point of clarity subtle-girl - my initial reponse was with regards to nomorepride's 20yr old daughter( if my maths doesnt let me down)
Nomorepride can very well apply as a primary carer of her 2.5 yr old and Goodluck to her! The conundrum though is she would have mention her 20 year old daughter in her application which will prompt the Ho to ask her to submit an application in her own right as an adult!

I didnt mention her in my application because her tier 4 visa is still valid till 2016 though her course finishes mid 2015. My fear was if i mention her and she was asked to submit a seperate application, God forbid if unsuccessful her current leave might be curtailed.

Is there any other way she can apply to stay after course?

[subtlegirl]

Thank you believe2013.

I hope to be successful

[narrow]

Hi @narrow i was the one that sent you a message
welcome to the family as I would like to call it.. Anyways, I urge you to put in an application before you turn 18. After then, you are classified as an adult, things are very tough in the terms of immigration legislation at the moment. You do not qualify for the 7 year concession so your options are limited to private life, compassionate grounds or asylum/article 3. You have a sister as a guardian and you WOULD have to state CATEGORICALLY your lack of cultural, social & political ties to your country of origin. Mentioning your parents could compromise your application without a doubt. Please note, I am not advising you to lie to the HO. Time is of essence and your weapon at the moment is SECTION 55 Children's ACT 2009 'Every Child Matters' You only have a few weeks in which you can apply so if you can submit an application please do so. Have you sought legal advice and what are the lawyers saying?

All the best!

@Believe2013

Thank you for your message.

I have spoken to a solicitor and I do not have enough time to submit the application as I turn 18 in October.

[missg]

Good afternoon forum members. I have been a silent follower for a while. I also applied for discretionary leave to remain in march 2014. My story is quite different from most stories so just bare with me as I try to explain.

I came into the UK in 2008 as a diplomatic dependant of my mum who works at the malawi high commission. I was 16 at this time. This is not my biological mother rather an aunt who adopted me. I've been residing with her since then and have renewed my visa as her dependant. I have done my. A levels in this country and then proceeded to study law at the university of Westminster, However in sept 2013 my visa renewal Was rejected based on the fact that I was studying on a part time basis at the university of westminster not full time. This shocked us because in the previous year I was also studying at westminster on the same course and my visa was renewed.

The refusal letter stated that I was now an adult dependant I presume because I turned 21 in october 2013, one month before my visa expired and therefore as an adult dependant I needed to be in full time education which was pretty unfair because I had started the course before I turned 21 and therefore would not have guessed that once I turn 21 circumstances will change.

I had three months of diplomatic immunity from october 2013 to January 2014,however due to the fact that this time most colleges and universities had stopped enrolling new students I was unable to secure a place at any other university or college as a full time student, as such from 1st February 2014 I became an overstayer as we failed to provide a letter stating that I was in full time education.

My solicitor submitted a discretionary leave to remain application on 18 march 2014 based on the following facts, firstly I had been previously been able to renew my visa whilst on the same course so why the refusal, secondly am in the middle of my studies at the university so I cannot just abandon them. Thirdly my close family which is my adopted mother and my sister are all here and back home I only have my granny who is 70 yrs of age.


Tell me What you think about my case.sorry if Its too long.

[mj8]

Hi everyone,
congrats to those who have received their freedom and more power to those of us still waiting. I haven't posted in a while because nothing really has happened over the last few months. I have a little request i hope i can get some help from you guys. So my FLR(O) was refused in September 2013, I submitted a reconsideration letter in October 2013. No acknowledgement letter was sent at which point my MP got on their case on my behalf. I was promised, in writing, a decision from HO by the end of march, but they didn't decide anything. So i received this letter today from CAPITA, its a RECONSIDERATION REQUEST: CURRENT CIRCUMSTANCES FORM. Its asking for details like my name, partners name, job, kids, relatives dependants, etc.
So I want to find out if it is normal procedure for them to send this type of form. Also, I'm thinking its a great opportunity to give robust arguments as to why my family cannot relocate. Does anyone have any experience with this sort of thing and did HO take such reasons into consideration? Finally, Please if anyone has any ideas on what I need to be focusing on, your input is valuable and greatly appreciated.

Many thanks, mj8

[gaveen1]

hello all in this forum,

I am Nepalese citizen married to British citizen, and we have 10 month old son together. Me and my partner are together since 2012.
I came to the UK in 2009 as a tier 4 student and been studying here since. Currently I am doing MBA and due to complete in October 2014 and my current visa expires in December 2014.
I and my wife both work part time, has approximate income of £15000 yearly together. Therefore I cannot meet financial requirement. I am thinking to apply under 10 year route where ex1 applies, or 5 or 10 years parent route, not sure about this.
Does my situation covers British child best interest and unreasonable to expect child to leave the UK. There is no such war in Nepal or other medical issue for insurmountable obstacle. however, there will be severe hardship to start family life in nepal because of wide range of issues such as level of income, job prospectus, child's maintenance, my white british wife and 1 year old son never been there. Her ability to integrate to the society and her job prospectus. In addition , my british wife and son both have to relinquish their british citizenship to gain nepalese one to enjoy all rights such as job, land or house ownership, vote and many more. Nepal doesnt practice dual citizenship. And it is not reasonable them to quit British citizenship to gain the citizenship of country which is one of the poorest and least developed country in the world. It will bring disadvantage in their life in terms of education, health, security, income etc.

I need advice please. I am planning to apply flr(fp) family life as a partner (10 years route). How do you think about strength of my application. Is there anyone with similar situation or got success in similar matter. Thank You

[Ems1927]

Hi everyone,

I've been reading this thread since our journey began and am now asking for any input on my situation..

I'm a British born citizen. I moved to America to study where I met my now husband who is an American citizen. We have been married for close to 4 years and have a daughter who had just turned 3. My husband has limited ties with his family and my family were all here in the UK. We decided to move to the uk last year after our daughter had health problems which have thankfully improved dramatically. Thank god she is ok now, in fact since we moved here in October last year she has not had any problems and is thriving.

We originally came to England with the intent to travel to Ireland and exercise my eu rights/gain a family permit for us to re enter England after a few months... I got a temporary job over Christmas to make some money and our plan was to love to Ireland after Christmas. I ended up being offered my job permanently and our daughter settled with her family.. Previously as I stated, she had no other relatives or family around abroad, and this has been the first year she has been able to thrive in the love of them, as well as away from doctors, antibiotics and hospital treatments.

We didn't want to up route our daughter again. She has a place at nursery secure for September, we are surviving ok with my salary (£13,00 per yr) and we decided to apply under article 8 for my husband due to my daughter being British.

My husband was here on a visitor visa.

We applied in April and received a refusal on the grounds that out daughter is NOT British! Our lawyer has said she is quite annoyed by the decision as she says this is obviously a mistake and we have appealed with a court date in September. I am so worried... We don't want to make our baby move anywhere else with her being so happy and healthy now.. Can anyone tell me more about the court process? Do we need witnesses etc? I'm already looking into working two jobs to meet the minimum financial requirement if my husband does have to leave, but it means working 60+ hours and I don't know how I can do that and be a good mother. My heart is breaking I don't want my family to be taken apart. Any advice or knowledge would be appreciated.

[helpme123]

@ems1927 Welcome to the forum.
Our story is almost same as yours . Me and my daughter is also British. Daughter having severe disease she has been treated NHS. Husband is on visitor visa .Applied on 19May Flr fp under article 8 and waiting . But in our case daughter is British and effected with disease . We can prove its very difficult to survive in husband country .Anyways
i am sorry about your refusal , Can you tell me Is your Daughter is British . if yes then how? if i am not wrong she was born in USA. did you applied for her passport ?
i do not much info about court processing but i am praying inshAllah your husband will get positive result . May be some other experience member help you regarding court hearing.
Thanks Can you post your time line

[greatreasons]

Hello everyone,

I'm need advice regarding my FLR(FP) application and would be grateful for any help. I'll ask my question then follow up with my back story.

I believe I meet the criteria for indefinite leave based Private life in the UK based on having strong ties in the UK as well as Family life as a parent (5 or 10 year route) and I'm uncertain which category I should tick. Is it possible to tick both.

For indefinite leave to remain this will be long and expensive I believe, however I could have a strong enough case.

Basically I came here as a child age 16, my mum is now a british citizen, I've been year for almost 13 years, closer to 14 really and I do not have a family to go home to. I do not have a relationship with my dad, nor my siblings but they are mostly children anyway, he never took responsibility of me. I'm from the Caribbean - Tobago.

I have a young baby who is british but the dad and I do not have any relationship. It is complicated and there is NO chance of us having a relationship. Sadly he wants nothing to do with my baby, I'm guess I should be happy he registered her and applied for her passport.

I may make this a separate thread as well, but is it possible to tick more than one category for FLR(FP)? If which is my best option?

[Daniel97]

Hello everyone,

I'm need advice regarding my FLR(FP) application and would be grateful for any help. I'll ask my question then follow up with my back story.

I believe I meet the criteria for indefinite leave based Private life in the UK based on having strong ties in the UK as well as Family life as a parent (5 or 10 year route) and I'm uncertain which category I should tick. Is it possible to tick both.

For indefinite leave to remain this will be long and expensive I believe, however I could have a strong enough case.

Basically I came here as a child age 16, my mum is now a british citizen, I've been year for almost 13 years, closer to 14 really and I do not have a family to go home to. I do not have a relationship with my dad, nor my siblings but they are mostly children anyway, he never took responsibility of me. I'm from the Caribbean - Tobago.

I have a young baby who is british but the dad and I do not have any relationship. It is complicated and there is NO chance of us having a relationship. Sadly he wants nothing to do with my baby, I'm guess I should be happy he registered her and applied for her passport.

I may make this a separate thread as well, but is it possible to tick more than one category for FLR(FP)? If which is my best option?

Hi
You said you came to uk 13yrs ago and then you are 16 yrs old,that means you are 29 now,you can not succeed on Article 8 with that as you have not spend half of your age in uk(14 and half)
Secondly it will be bit difficult to also succeed for the years you spend here on family life regardless your mum or siblings are British citizens,HO will treat your application as an adult,
I think the best option is to use your child for the application,even though you have nothing again with the father,and remember to fill destitute form to the HO,so that you won't be charge for application as you are not working and also when the application is granted,they won't be no recourse to public fund.
Am not a solicitor but I know a lot

[bsmith13]

Hello everyone,

I'm need advice regarding my FLR(FP) application and would be grateful for any help. I'll ask my question then follow up with my back story.

I believe I meet the criteria for indefinite leave based Private life in the UK based on having strong ties in the UK as well as Family life as a parent (5 or 10 year route) and I'm uncertain which category I should tick. Is it possible to tick both.

For indefinite leave to remain this will be long and expensive I believe, however I could have a strong enough case.

Basically I came here as a child age 16, my mum is now a british citizen, I've been year for almost 13 years, closer to 14 really and I do not have a family to go home to. I do not have a relationship with my dad, nor my siblings but they are mostly children anyway, he never took responsibility of me. I'm from the Caribbean - Tobago.

I have a young baby who is british but the dad and I do not have any relationship. It is complicated and there is NO chance of us having a relationship. Sadly he wants nothing to do with my baby, I'm guess I should be happy he registered her and applied for her passport.

I may make this a separate thread as well, but is it possible to tick more than one category for FLR(FP)? If which is my best option?

Hi
You said you came to uk 13yrs ago and then you are 16 yrs old,that means you are 29 now,you can not succeed on Article 8 with that as you have not spend half of your age in uk(14 and half)
Secondly it will be bit difficult to also succeed for the years you spend here on family life regardless your mum or siblings are British citizens,HO will treat your application as an adult,
I think the best option is to use your child for the application,even though you have nothing again with the father,and remember to fill destitute form to the HO,so that you won't be charge for application as you are not working and also when the application is granted,they won't be no recourse to public fund.
Am not a solicitor but I know a lot

Hello Daniel 97, since you said I quote

"with that as you have not spend half of your age in uk(14 and half)
Secondly it will be bit difficult to also succeed for the years you spend here on family life regardless your mum or siblings are British citizens,HO will treat your application as an adult".


Please I'm in a similar situation, I've been here for 11 years and 4 months and I'm 15 months short of living half of my life here. I came here when I was 13. Please what do you think about my case please, I've never left the shores of this country since I've been here and all my friends and family are all here and I've been going to school up to university level. Please what do you think. Thanks

[greatreasons]

Hello everyone,

I'm need advice regarding my FLR(FP) application and would be grateful for any help. I'll ask my question then follow up with my back story.

I believe I meet the criteria for indefinite leave based Private life in the UK based on having strong ties in the UK as well as Family life as a parent (5 or 10 year route) and I'm uncertain which category I should tick. Is it possible to tick both.

For indefinite leave to remain this will be long and expensive I believe, however I could have a strong enough case.

Basically I came here as a child age 16, my mum is now a british citizen, I've been year for almost 13 years, closer to 14 really and I do not have a family to go home to. I do not have a relationship with my dad, nor my siblings but they are mostly children anyway, he never took responsibility of me. I'm from the Caribbean - Tobago.

I have a young baby who is british but the dad and I do not have any relationship. It is complicated and there is NO chance of us having a relationship. Sadly he wants nothing to do with my baby, I'm guess I should be happy he registered her and applied for her passport.

I may make this a separate thread as well, but is it possible to tick more than one category for FLR(FP)? If which is my best option?

Hi
You said you came to uk 13yrs ago and then you are 16 yrs old,that means you are 29 now,you can not succeed on Article 8 with that as you have not spend half of your age in uk(14 and half)
Secondly it will be bit difficult to also succeed for the years you spend here on family life regardless your mum or siblings are British citizens,HO will treat your application as an adult,
I think the best option is to use your child for the application,even though you have nothing again with the father,and remember to fill destitute form to the HO,so that you won't be charge for application as you are not working and also when the application is granted,they won't be no recourse to public fund.
Am not a solicitor but I know a lot

Thanks Daniel,

I am currently working though but currently on maternity leave, would that affect my application.

And it's not possible to tick 2 boxes you think?