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urgent help needed for flr m app i have done for a friend

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jonuah
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urgent help needed for flr m app i have done for a friend

Post by jonuah » Sun Jan 06, 2013 2:34 am

hi

im a trainee lawyer and have decided to help a friend with a flr m app stating dont worry i will be able to do this asap abd get it.... now it looks like i am in over my head, there is no immigration solicitor where i work and all the resources constantly say something different

nigerian student married to uk citizen, she is pregnant, his student college has closed she is on benefits

i have filled out flr app put in lots of evidence of relationship.... together for just over a year ....and evidence of her ill health, her folks have agreed to support them finacially... no savings.....

is this enough....rules say should be disablity living allowance only for eligibilyty dye to knew spouse must be on 18k salary rules

this site says you cant apply for mariage visa if you have less than 6 mobths left on visa.... he has three.....

pls advise otherwise my career will be ruined all because i trued to do a good deed

PaperPusher
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Re: urgent help needed for flr m app i have done for a frien

Post by PaperPusher » Sun Jan 06, 2013 7:47 am

jonuah wrote:hi

im a trainee lawyer and have decided to help a friend with a flr m app stating dont worry i will be able to do this asap abd get it.... now it looks like i am in over my head, there is no immigration solicitor where i work and all the resources constantly say something different

nigerian student married to uk citizen, she is pregnant, his student college has closed she is on benefits

i have filled out flr app put in lots of evidence of relationship.... together for just over a year ....and evidence of her ill health, her folks have agreed to support them finacially... no savings.....

is this enough....rules say should be disablity living allowance only for eligibilyty dye to knew spouse must be on 18k salary rules

this site says you cant apply for mariage visa if you have less than 6 mobths left on visa.... he has three.....

pls advise otherwise my career will be ruined all because i trued to do a good deed
Talk to the solicitor who supervises you or tell your friend that they should go to an OISC regulated immigration advisor or solicitor who specialises in immigration law.

It will get a whole lot worse for your friend if the application is refused because you don't have the knowledge or experience to do this.

One thing, were you intending to complete the representative section of the form? If not, then perhaps you should not help complete the form.

asim72
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Post by asim72 » Sun Jan 06, 2013 1:51 pm

Yes, must see an immigration specialist.

If the British citizen sponsor does not earn £18600, or meet the financial requirements in other ways, as required by the immigration rules, then flr(m) will be refused 100 percent.

Obie
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Post by Obie » Sun Jan 06, 2013 6:03 pm

I am a bit concerned that this individual is on benefits.

Please see Part 8 on Unmarried partner,

Also see partners of British Citizens or settled person

I believe she can switch. It is not the remaining time that is left on the visa that is important, but the length of time that it was issued that matters.

The husband will need to earn 18,600, the benefit will have to cease.

I believe she may have a better prospect of success once baby is born.
Smooth seas do not make skilful sailors

manci
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Post by manci » Sun Jan 06, 2013 7:34 pm

There seems to be some confusion about the facts. Is the following the situation?

a) Nigerian male student on T4 visa whose college closed down. (Question: has his leave been curtailed following closure of the college and when does his leave expire?)

b) The Nigerian student is married to a British lady who is pregnant and is on benefits. (Question: when is the baby due and what benefits does she receive?)

Jonuah, see the following section of Appendix FM of the Immigration Rules:
http://www.ukba.homeoffice.gov.uk/polic ... a-partner/
look from R-LTRP onwards and establish whether these requirements can be met under the actual circumstances.

In your post when you said that at least 6 month leave has to remain on the visa to be eligible to apply. I think you misinterpreted E-LTRP 2.1(b) - the visa had to be granted for at least 6 months.

jonuah
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Post by jonuah » Tue Jan 08, 2013 10:10 am

hi all

thankyou very much for your responses they have given me some comfort although i still havent slept at night unfortunately i have filled out the representatives section and am now too far gone to tell my friend (the lady) and all her family that i dont know what i am doing humiliatingly embarrassing


manci wrote:There seems to be some confusion about the facts. Is the following the situation?

a) Nigerian male student on T4 visa whose college closed down. (Question: has his leave been curtailed following closure of the college and when does his leave expire?)

he has told me he was stopped by the police in a random unprovoked search but his status was not questioned so he thins he is not on any list is their anyway we can find out? his college closed and i have told him he is technically illegal as he had 60 days from august to enrol in a college... he has found another college to enrol in - but that is a different application to his marriage app.... can i make 2 different applications....? his visa ultimately expires in march.... if we dont hear back from marriage visa...which i sent off last friday by march his visa will run out and right now he can ge another 16 mnths from this college....

b) The Nigerian student is married to a British lady who is pregnant and is on benefits. (Question: when is the baby due and what benefits does she receive?)

she is on employment support allowance, her disability living allowance app was turned down, and she is currently appealing.... baby due in march... he has a letter from a company showing that he has been offered a job on 19k should he get his flr also we have letters saying his inlaws will suport him and lots of evidence they are together.

Jonuah, see the following section of Appendix FM of the Immigration Rules:
http://www.ukba.homeoffice.gov.uk/polic ... a-partner/
look from R-LTRP onwards and establish whether these requirements can be met under the actual circumstances.

In your post when you said that at least 6 month leave has to remain on the visa to be eligible to apply. I think you misinterpreted E-LTRP 2.1(b) - the visa had to be granted for at least 6 months.

I will now try to look at the links you have left... i have no money i have approached a few firms and oisc ppl but they all want cash to help

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equitydealer
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Post by equitydealer » Tue Jan 08, 2013 11:47 am

If his college's sponsorship status was cancelled his visa would have been curtailed to 60 days unless there was an oversight by the UKBA which is not uncommon thesedays :D The fact that the police did not pick up on this means nothing. There is no way for the public to check to check immigration statuses.

You can't make two applications at the same time, which one will you include his passport with?

Neither route is at all easy. FLR will be most likely refused because they don't meet the financial requirements. Tier 4 visa they will see he's overstayed.

The only path I can see is to apply for discretionary leave to remain once she has the baby. That won't be easy either but probably gives the highest chance of success.

manci
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Post by manci » Tue Jan 08, 2013 8:49 pm

please clarify whether following closure of his college his T4 visa has been curtailed or not and also please reconcile these two statements:

"his visa ultimately expires in march.... "

and

"i have told him he is technically illegal as he had 60 days from august to enrol in a college.."

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Post by Greenie » Tue Jan 08, 2013 9:25 pm

jonuah wrote:hi all

thankyou very much for your responses they have given me some comfort although i still havent slept at night unfortunately i have filled out the representatives section and am now too far gone to tell my friend (the lady) and all her family that i dont know what i am doing humiliatingly embarrassing[/color]


I will now try to look at the links you have left... i have no money i have approached a few firms and oisc ppl but they all want cash to help[/color]
So basically to save yourself from embarressment you are ploughing ahead when you clearly have no idea what you are doing. I would urge other members not to post further advice to help this cowboy who clearly is more interested in saving face rather than admitting he is not competent to deal with this problem.

OP - if the sponsoor is on benefits they are likely to be entitled to free legal help - surely something you should know. Stop pretending you know what you are doing and refer them out to someone trained and competent to deal with this case. How much worse are you going to feel when you send an application that is refused because you are too selfish to admit you can't help them?

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