how does best interest of a child ruling impact on FLR (M)

[mrswow]

My husband is here on a FLR (M) visa. He has just finished his first period and we applied again recently for our second period of leave to remain.

He is on the 5 year partner route.

I was reading on the board about the best interest of a child ruling from the supreme court. I was wondering how or if that might effect us?

My husband has been in the uk since oct 2016 first on a fiancee visa, we got married applied for the FLR (M) thereafter and now we just applied for the second period. We paid super prioriy and he attended his biometrics appointment on the 26th but have not heard anything and his right to work has not updated. Im worried because i called the home office who said a decision would have been made on monday or tuesday... and then its 5 working days to hear by post after that but with his right to work in the uk not being updated im starting to fear the worst.

We have a child together. Our daughter is 17 months old and she is a british citizen with a british passport. I was wondering based on the above ruling can my husbands visa still be refused? I have 4 children in total 3 of those are my husbands stepchildren and have no contact with their biological father. 2 of his stepchildren have special needs and see specialists here in the uk.All my children have changed their surname to the same as my husbands.

Sorry for the long winded explination but i guess im wondering if they can refuse him based on the fact that he does have a biological child here.

We meet all the other criteria, i am currently a carer for my daughter and i recieve pip also. So we dont have to meet the income threshold.

Does that ruling from the supreme court have an impact on how a decision maker will view our application. Slowly starting to lose hope. Thank you guys for all the support so far!

[kamsi]

You are worrying unnecessarily, providing you meet all the requirements just as you did with the first application I don’t see why your application wouldn’t be approved. Rather than hinder, the Supreme Court case and other case laws in relation to the best interests of children is actually a positive to your application.

There’s no automatic way of updating applicant’s right to work once an application is made, if the application was made while the applicant had leave to remain the applicant’s right to work continues until the application is decided.