FLRO Application

[eskaila]

Hi All, on december 31st Dec 2012 I I made an FLRO application under HRA Article 8 for stuedent visa. i was on student dependant visa on non point based system which expired on same date 31st december 2012. I have a post office reciet as a proof of post. in the application i stated that i had already took admission in MBA in september 2012 and if i go back to my home country to obtain student visa i will subsequently miss out on my university classes. ( According to the rule i had to leave country to obtain a fresh visa). My application was refused on 24th of july 2013. One of the main reasons of refusal was i made application after my current leave had expired. I was not given the right of appeal. in the mean time i successfully completed my degree in Jan 2014.
I am pursuing 10 years long residency. My 10 years will be completed in july 2015. my solicitor suggested me to send a reconsideration letter to home office sating that i had applied in time which he sent in August 2013. Till then i have not recieved any reply from home office. The solicitor said if home office accept my argument and give me rigt of appeal then my period would be legal under section 3c and i woud have sufficient time to cover the remaining time to complete 0 yearsin the appeal process. if home office does not respond me we would send them couple of reminders and just before i am due to complete 10 years we will apply for judicial review and take right of appeal from the court and the my stay would be legal to put up 10 years long residency application.
Can someone please suggest me if whatever my solicitor telling me make any sense or shall i consider someother options as I have bee living in uk nearly 9 years now. there are no breaks and gaps in previous visas.

Best Regards

[Choc-Ice]

You might want to get yourself a new lawyer!

[eskaila]

Anybody?? please help... all advise welcome

[Al Haqq]

[quote="eskaila"]Anybody?? please help... all advise welcome[/quo

Hi there, Your lawyer seem to be in order. Make sure you request for your SAR, all your communications with them your reciept to prove you made an in time application. You will get your ILR. However, gather your evidence right. Similar thing happened to someone I know. They have now got their ILR.

[Al Haqq]

[quote="eskaila"]Anybody?? please help... all advise welcome[/quo

Hi there, Your lawyer seem to be in order. Make sure you request for your SAR, all your communications with them your reciept to prove you made an in time application. You will get your ILR. However, gather your evidence right. Similar thing happened to someone I know. They have now got their ILR.

[eskaila]

Thank you very much for your reply "Al Haq" Is there anything else you would like to suggest me.
Thank you very much once again.

[Al Haqq]

Hi @ "eskaila"

Fill in your form correctly and write a chronology of your immigration including all your communications with them with dates and receipts of postage e.t.c explaining and highlighting how it is their fault. Good luck

[eskaila]

Hi Al Haqq,

Thanks for your reply. I have another question to justify 10 years legality do I have to only obtain the right of appeal or I have would have to win the appeal as well? Please reply.

Best Regards

[Al Haqq]

Hi,
I had to go back and read your initial post again. I observed I have not noted that you said you have not completed your ten years and it is will be in 2015 and not this year.

This makes it more difficult . However, the line of argument is still right. With your receipt you can prove that your application was in time.

However, I would want to believe that you have put in a JR by now if your refusal was dated back to July 2013.

Once again, I misread your date of 10 years qualification. I apologise if this has misinformed you.

[eskaila]

Al Haqq,

Thanks for your reply. No i have not applied for JR yet. My lawyer wants to drag it little bit more so he decided to send home office a reminder. he is of the view that if it is dealt at home office level then much better. if not then after sending them couple of reminder go for JR. we would have solid argument that we have been in touch with home through reconsideration letters and reminders. Thus it will help the judge to convince to grant us the right of appeal. This will also legalise the whole time spent in form of 3C leave. And offcourse delaying will buy us more time.
Now I have two concerns as somebody told me that i would have to win the appeal before I apply for Long Residency application. My understanding was that once I complete 10 years in this process after winning the right of appeal. Thats all I need.

2nd concerns is what if by any chance I do not get the right of appeal what other options do I have?
I know and I am sorry I asking bit too much but knowing the right course of action is the only option I have.
I am greatly thankfull for the advice and time.

Best Regards

[hammad2224]

same case my friend applied
got rejected...

[eskaila]

same case my friend applied
got rejected...

Thanks for your comment. Please can you explain his circumstances. Also can you please tell me what course of action did your friend take after rejection?

[Olasunkanmi]

@ eskaila, you should have submitted an appeal to the FTT after your FLR(O) refusal in July 2013 and it will be left for the judge to decide if you actually have an appeal right or not.

Now you have already completed your MBA programme in January 2014 which was the basis of your FLR(O) application, so technically you don't have any reason to pursue the present case rather than to find another way out of the problem.

The problem now is that your solicitor made a serious mistake by asking you to send a re-consideration request rather than an appeal form. Reconsideration request doesn't give you section 3C right, so technically you have become an overstayer since July 2013. If you had submitted an appeal request, you would have eventually got appeal right from the court and you can then play the game you are presently playing to buy time and before making another application which you would have been able to within 28days if the appeal eventually got dismissed which is very likely because you have already completed the MBA programme.

In my opinion you have already broken your 10yrs long residency the moment you refuse to submit the appeal request which could have extended your previous student dependent visa under section 3C.

[eskaila]

@ eskaila, you should have submitted an appeal to the FTT after your FLR(O) refusal in July 2013 and it will be left for the judge to decide if you actually have an appeal right or not.

Now you have already completed your MBA programme in January 2014 which was the basis of your FLR(O) application, so technically you don't have any reason to pursue the present case rather than to find another way out of the problem.

The problem now is that your solicitor made a serious mistake by asking you to send a re-consideration request rather than an appeal form. Reconsideration request doesn't give you section 3C right, so technically you have become an overstayer since July 2013. If you had submitted an appeal request, you would have eventually got appeal right from the court and you can then play the game you are presently playing to buy time and before making another application which you would have been able to within 28days if the appeal eventually got dismissed which is very likely because you have already completed the MBA programme.

In my opinion you have already broken your 10yrs long residency the moment you refuse to submit the appeal request which could have extended your previous student dependent visa under section 3C.

Dear Olasunkanmi.
Thanks for your opinion. Applying to FTT first hand would not have helped coz of the significant time left to cover 10 years. Please bare in mind that my application was not merely based on studant visa request but also had a significant portion on human rights. Basically it was a mix application so when in case I have to go for JR I still would have something to argue upon. I am planning to apply for JR just in case i do not hear from HO untill then. But in the mean time iwill send HO couple of reminders. I am hopefull and positive that judge will understand my argument that the basis of decesion was not right. I applied in time. That is all i need to prove. I will not be asking him to grant me anything else.

[Olasunkanmi]

@ eskaila, even if you win your case at JR base on human right, you will still not have any legal basis for 10yrs long residency, you might get discretion which will be another 10yrs to be start all over again.