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

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Al Haqq
Member
Posts: 188
Joined: Mon Apr 15, 2013 11:29 pm

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

Post by Al Haqq » Tue Mar 18, 2014 3:58 pm

hatchsead wrote:There is a interesting case which i thought i should bring to your attention. If this case is successful, it could lay a precedence and be a big door opener for other things to come.

This is for people who have been granted only 30 months leave to remain even though they have children who are British. That is being challenged in court for a ILR instead of 30 months LTR.

30 months leave to remain arguably breach of S.55 BCIA 2009. Permission to apply for judicial review granted

http://www.theimmigrationbarrister.co.u ... w-granted/
@hatchsead thanks for this. It is only reasonable the HO should be giving ILR to parrents of BC. Well I can not remember the last time HO was reasonable.

naba
Member
Posts: 105
Joined: Tue Sep 17, 2013 9:32 pm

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

Post by naba » Tue Mar 18, 2014 5:23 pm

elastep wrote:
naba wrote:Dear friends, hope that you are keeping well. It's been ages I was away. Congratulations who have been granted and all the best who are waiting as me.
Can anybody share court hearing experience please, I mean the environment. Do 12-13 year old children need to attend the hearing for the children's case?
Thank you. Go bless you all.
Hello @all, I hope all is well. I pray that God gives us all our freedom from the HO.

@ congratulations!! to all those who have been granted and to those who are waiting for decisions, know that our day is around the corner. Very soon our worry will turn into tears of joy and laughter.

@naba,its upto you to decide but I will take the kids with me to the hearing if i was you. Its good for the Judge to put a face to the name and case in front of him. At my hearing the Judge looked at me a couple of times when he was speaking. people tend to react to things differently when they are looking at it rather than speaking about it without seeing it. When taking the kids with you explain to them what is going to happen and ask them to be quiet and make sure that you guys are siting where the Judge can see you. For me I sat right in front of him and thanks for the kind word and I will try to relax.
Good Luck.
Thank you hun. This is helpful. God bless.

fm9
Newly Registered
Posts: 9
Joined: Thu May 02, 2013 11:16 am

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

Post by fm9 » Tue Mar 18, 2014 10:03 pm

naba wrote:
elastep wrote:
naba wrote:Dear friends, hope that you are keeping well. It's been ages I was away. Congratulations who have been granted and all the best who are waiting as me.
Can anybody share court hearing experience please, I mean the environment. Do 12-13 year old children need to attend the hearing for the children's case?
Thank you. Go bless you all.
Hello @all, I hope all is well. I pray that God gives us all our freedom from the HO.

@ congratulations!! to all those who have been granted and to those who are waiting for decisions, know that our day is around the corner. Very soon our worry will turn into tears of joy and laughter.

@naba,its upto you to decide but I will take the kids with me to the hearing if i was you. Its good for the Judge to put a face to the name and case in front of him. At my hearing the Judge looked at me a couple of times when he was speaking. people tend to react to things differently when they are looking at it rather than speaking about it without seeing it. When taking the kids with you explain to them what is going to happen and ask them to be quiet and make sure that you guys are siting where the Judge can see you. For me I sat right in front of him and thanks for the kind word and I will try to relax.
Good Luck.
Thank you hun. This is helpful. God bless.
hello there, i have been a fellower of this topic for some time now, i first applied for zambrano and it was refused, the homeoffice advice me to go for the flr(m) or the flr(o), and i did as they said, i had a call from my solicitor this evening that i have been granted 2.12 as a parent of BC. I have two children both BC AND MY HUSBAND ALSO BC, SEEK GOD AND HIS KINGDOM FIRST AND ALL THESE SHALL BE ADDED UNTO YOU. this is my time line.
application sent 18/01/14
ho received 21/01/14
biomatic letter received 23/01/14
add document requested 7/02/14
document sent on 14/02/14
granted 17/03/14

Kukuwife
Member of Standing
Posts: 319
Joined: Tue Jul 23, 2013 10:20 am

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

Post by Kukuwife » Wed Mar 19, 2014 6:39 am

hello there, i have been a fellower of this topic for some time now, i first applied for zambrano and it was refused, the homeoffice advice me to go for the flr(m) or the flr(o), and i did as they said, i had a call from my solicitor this evening that i have been granted 2.12 as a parent of BC. I have two children both BC AND MY HUSBAND ALSO BC, SEEK GOD AND HIS KINGDOM FIRST AND ALL THESE SHALL BE ADDED UNTO YOU. this is my time line.
application sent 18/01/14
ho received 21/01/14
biomatic letter received 23/01/14
add document requested 7/02/14
document sent on 14/02/14
granted 17/03/14[/quote][/quote]


Big congratulations to you and your family. Remain bless
Your expectation will manifest very soon

elastep
Member
Posts: 127
Joined: Mon May 06, 2013 9:48 pm

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

Post by elastep » Wed Mar 19, 2014 10:26 am

Kukuwife wrote:hello there, i have been a fellower of this topic for some time now, i first applied for zambrano and it was refused, the homeoffice advice me to go for the flr(m) or the flr(o), and i did as they said, i had a call from my solicitor this evening that i have been granted 2.12 as a parent of BC. I have two children both BC AND MY HUSBAND ALSO BC, SEEK GOD AND HIS KINGDOM FIRST AND ALL THESE SHALL BE ADDED UNTO YOU. this is my time line.
application sent 18/01/14
ho received 21/01/14
biomatic letter received 23/01/14
add document requested 7/02/14
document sent on 14/02/14
granted 17/03/14
[/quote]


Big congratulations to you and your family. Remain bless[/quote]

@fmg, A very big congratulations to you and your family. At least this route leads to settlement unlike Zambrano. Have a happy HO stress-free life :lol:
Application: flro ECHR article 8
applied: 12/12/2012.
Bio done: April 2013
Refused dated: 22 May 2013
PAP: 18/09/2013
JR: 03/10/2013
Outcome:

Only God knows what tomorrow may give birth to.

nontsomi
Newly Registered
Posts: 22
Joined: Mon Feb 10, 2014 9:49 pm

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

Post by nontsomi » Wed Mar 19, 2014 5:13 pm

Hi Everyone

first i would like to say to those who have been freed congraculations and to enjoy your freedom.

i just need a bit of advice i am trying to figure out which sections to fill in as its a bit confusing for me and plus i cant afford to make any mistakes on it, i am applying as a parent of a BC flr(fp) new application : do i also fill in section 9 ? which is about human rights! and any advice filling this form is welcome please as this is all new to me oh and are the sections not applying to me to be posted back with the form or is there something i need to write on the sections eg n/a ? i know these questions may sound a bit thick to someone else lol but i dont wanna make a mistake that will cost me. thanx in advance.

geemo
Newbie
Posts: 30
Joined: Mon Dec 02, 2013 8:32 pm

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

Post by geemo » Wed Mar 19, 2014 8:15 pm

Kukuwife wrote:
hello there, i have been a fellower of this topic for some time now, i first applied for zambrano and it was refused, the homeoffice advice me to go for the flr(m) or the flr(o), and i did as they said, i had a call from my solicitor this evening that i have been granted 2.12 as a parent of BC. I have two children both BC AND MY HUSBAND ALSO BC, SEEK GOD AND HIS KINGDOM FIRST AND ALL THESE SHALL BE ADDED UNTO YOU. this is my time line.
application sent 18/01/14
ho received 21/01/14
biomatic letter received 23/01/14
add document requested 7/02/14
document sent on 14/02/14
granted 17/03/14

I like your testimony - Congrats (IRIFMOIJN)

Rockefeller
Junior Member
Posts: 52
Joined: Tue Jul 09, 2013 3:08 pm
Mood:
United Kingdom

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

Post by Rockefeller » Wed Mar 19, 2014 11:54 pm

Hi
The FLR FP form is an application form for leave to remain in the UK on the basis of article 8 of Human Rights. There are 2 elements to article 8 namely family life and private life. In your case applying as a parent of a BC child falls under family life while private life relates to ties or roots you have established in the UK e.g friends, career, work in the community, how long you have been here etc.
Now, my advise is that you detailed both your family life and private life(i.e.section 9) as they will both strengthened your case. If you don't detailed it now and your case goes to appeal (hopefully not) the HO will use it against you and besides the decision maker may not have a clear picture of your life if you omit it. The more you can demonstrate that you have stronger ties in the UK than your home country the better for you.

All the best.
nontsomi wrote:Hi Everyone

first i would like to say to those who have been freed congraculations and to enjoy your freedom.

i just need a bit of advice i am trying to figure out which sections to fill in as its a bit confusing for me and plus i cant afford to make any mistakes on it, i am applying as a parent of a BC flr(fp) new application : do i also fill in section 9 ? which is about human rights! and any advice filling this form is welcome please as this is all new to me oh and are the sections not applying to me to be posted back with the form or is there something i need to write on the sections eg n/a ? i know these questions may sound a bit thick to someone else lol but i dont wanna make a mistake that will cost me. thanx in advance.

nontsomi
Newly Registered
Posts: 22
Joined: Mon Feb 10, 2014 9:49 pm

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

Post by nontsomi » Thu Mar 20, 2014 11:20 am

Rockefeller thank you so much for your reply that helps a lot and makes sense, very much appreciated thanks again. I think H.O is trying to confuse us a bit with this form thanks again.

God bless

bsmith13
Junior Member
Posts: 86
Joined: Thu Mar 20, 2014 3:45 pm

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

Post by bsmith13 » Thu Mar 20, 2014 4:31 pm

I came to the United Kingdom at the age of thirteen 11 years ago and since I have been in this country, my brother who is a British national has been the one looking after my welfare and also the one providing me with an accommodation as we both live together with his wife and children (all british) as I don't have a father.
However, since I have been here, I have been able to attend high school, sixth form, college and I obtained my university degree.
Since I have been in the United Kingdom, I have never taken any form of benefits neither have I pertained in any form of crime.
Having lived here for 11 years I have been able to develop family ties in this country as all my close relatives including my mum, brother, my sister, my in laws, nieces, nephews, cousins, aunties and uncles are all settled here.
Although my mum is not settled here at the moment, though she used to have an indefinite stay which she lost and she was a victim of identity fraud and recently the judge granted her permission for judicial review which she is waiting for a court hearing date. In addition to the family ties that I have with this country, I also have social and cultural ties here in the UK as all my friends are all here as I have spent most of my teen years here and my early adult life which I cannot imagine life without them as they have all been there to support me morally, spiritually, physically, mentally, academically etc
In January, I applied for a leave to remain in the UK with many support letters from my family members but the application got refused as the home office are claiming I still have relatives back home which is not true. They also claim that all the relatives I claim to have in UK including my brother, sister, inlaws, uncles, aunties, nieces, nephews, cousins etc are not classified as having a family life in the UK. I'm not married, I'm just a young adult of 24 and those are the people have known as my family. I wasn't given a right of appeal as well. Please can anyone help me out here on what I need to do. Thanks

dapsonlee
Member of Standing
Posts: 474
Joined: Mon Aug 20, 2012 2:20 pm

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

Post by dapsonlee » Thu Mar 20, 2014 5:53 pm

bsmith13 wrote:I came to the United Kingdom at the age of thirteen 11 years ago and since I have been in this country, my brother who is a British national has been the one looking after my welfare and also the one providing me with an accommodation as we both live together with his wife and children (all british) as I don't have a father.
However, since I have been here, I have been able to attend high school, sixth form, college and I obtained my university degree.
Since I have been in the United Kingdom, I have never taken any form of benefits neither have I pertained in any form of crime.
Having lived here for 11 years I have been able to develop family ties in this country as all my close relatives including my mum, brother, my sister, my in laws, nieces, nephews, cousins, aunties and uncles are all settled here.
Although my mum is not settled here at the moment, though she used to have an indefinite stay which she lost and she was a victim of identity fraud and recently the judge granted her permission for judicial review which she is waiting for a court hearing date. In addition to the family ties that I have with this country, I also have social and cultural ties here in the UK as all my friends are all here as I have spent most of my teen years here and my early adult life which I cannot imagine life without them as they have all been there to support me morally, spiritually, physically, mentally, academically etc
In January, I applied for a leave to remain in the UK with many support letters from my family members but the application got refused as the home office are claiming I still have relatives back home which is not true. They also claim that all the relatives I claim to have in UK including my brother, sister, inlaws, uncles, aunties, nieces, nephews, cousins etc are not classified as having a family life in the UK. I'm not married, I'm just a young adult of 24 and those are the people have known as my family. I wasn't given a right of appeal as well. Please can anyone help me out here on what I need to do. Thanks
Welcome Bsmith13,

Wow!!! This is really interesting. I can tell you you categorically a lot of people that applied via this route even with residency longer than yours were refused last year and still waiting for their day in court. My case as well under the same route which I applied since December 2012 based on exactly yours with family all here, I am still waiting on a decision till date.

Since you came in as a minor and still under 25, I will suggest you file a PAP immediately with the hope of finally going for JR (Judicial Review) to at least get the enforcement team off your back. You need your day in court for this. I really have a feeling this case was not looked into properly. What has your solicitor suggested to you?

bsmith13
Junior Member
Posts: 86
Joined: Thu Mar 20, 2014 3:45 pm

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

Post by bsmith13 » Thu Mar 20, 2014 8:19 pm

@Dapsonlee

Thanks for replying me, I can imagine how you feel putting an application in since 2012 without any response.

My application only took exactly a month. Yeah everyone have been speaking to regarding this issue all told me the decision was defective and biased.
A barrister suggested to me to do a reconsideration or try and obtain a right of appeal which is difficult to do.
Another suggested I go for JR and initially my solicitor suggested a JR too because there's no one I can go back to as all my peeps are here. But most of this solicitors are all unreliable all they do is to take our money that's why I've suggested to seek for an advice on this forum.

ikeron
Newbie
Posts: 33
Joined: Tue Jan 14, 2014 1:36 pm

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

Post by ikeron » Fri Mar 21, 2014 9:46 am

@bsmith13
I personally think you should go for the JR .

elastep
Member
Posts: 127
Joined: Mon May 06, 2013 9:48 pm

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

Post by elastep » Fri Mar 21, 2014 10:11 am

bsmith13 wrote:I came to the United Kingdom at the age of thirteen 11 years ago and since I have been in this country, my brother who is a British national has been the one looking after my welfare and also the one providing me with an accommodation as we both live together with his wife and children (all british) as I don't have a father.
However, since I have been here, I have been able to attend high school, sixth form, college and I obtained my university degree.
Since I have been in the United Kingdom, I have never taken any form of benefits neither have I pertained in any form of crime.
Having lived here for 11 years I have been able to develop family ties in this country as all my close relatives including my mum, brother, my sister, my in laws, nieces, nephews, cousins, aunties and uncles are all settled here.
Although my mum is not settled here at the moment, though she used to have an indefinite stay which she lost and she was a victim of identity fraud and recently the judge granted her permission for judicial review which she is waiting for a court hearing date. In addition to the family ties that I have with this country, I also have social and cultural ties here in the UK as all my friends are all here as I have spent most of my teen years here and my early adult life which I cannot imagine life without them as they have all been there to support me morally, spiritually, physically, mentally, academically etc
In January, I applied for a leave to remain in the UK with many support letters from my family members but the application got refused as the home office are claiming I still have relatives back home which is not true. They also claim that all the relatives I claim to have in UK including my brother, sister, inlaws, uncles, aunties, nieces, nephews, cousins etc are not classified as having a family life in the UK. I'm not married, I'm just a young adult of 24 and those are the people have known as my family. I wasn't given a right of appeal as well. Please can anyone help me out here on what I need to do. Thanks
@bsmith13, hello and welcome to the forum. I'm in the same situation as you and I went for JR which got refused at a paper hearing but at the oral hearing the HO have asked for some time to reconsider my application and if they still refuse my application, they will give me right of appeal.
My advice to you will be the same as dapsonlee and Ikeron have suggested, start with JR and don't waste any time on it.
Application: flro ECHR article 8
applied: 12/12/2012.
Bio done: April 2013
Refused dated: 22 May 2013
PAP: 18/09/2013
JR: 03/10/2013
Outcome:

Only God knows what tomorrow may give birth to.

bsmith13
Junior Member
Posts: 86
Joined: Thu Mar 20, 2014 3:45 pm

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

Post by bsmith13 » Fri Mar 21, 2014 11:08 am

@Elastep and @Ikeron

Thanks for replying me.

But do you think I have any merit to my case by going for a JR.

@Elastep, at your oral hearing, did the judge grant you permission to go ahead with JR. Please could you please shed more light on this. Thanks

ThisYear
Member
Posts: 103
Joined: Mon Jun 03, 2013 10:40 am

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

Post by ThisYear » Fri Mar 21, 2014 11:54 am

bsmith, welcome.

The others have given you the best advice, you need to kick start the JR process. You definitely have a strong case IMO, don't be dismayed or doubtful. Either way, you should be given an in country appeal if it fails.

All the best.
FLR(O) private life/parent of BC
App sub - Feb2012
Contact HO - Feb2013
Further info requested - Apr2013
Decision - Refused Nov2013
JR - Dec2013
JR withdrawn - Mar 2014
JR Sealed - Jun 2014
Granted - Aug 2014

elastep
Member
Posts: 127
Joined: Mon May 06, 2013 9:48 pm

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

Post by elastep » Fri Mar 21, 2014 12:16 pm

bsmith13 wrote:@Elastep and @Ikeron

Thanks for replying me.

But do you think I have any merit to my case by going for a JR.

@Elastep, at your oral hearing, did the judge grant you permission to go ahead with JR. Please could you please shed more light on this. Thanks
@bsmith13, I think that you case is very strong from what I have read. They should have considered your case as you are under 25years of age and have spent half of your life in the UK. I think that this is one of the basis of application on privet life but not sure if the rule have changed. please guys any input is welcomed. Thanks.
NO, permission have not been given yet. The Judge wanted to give the HO the oportunity for my case to be sorted out of court, because they told the Judge at my oral hearing that they where not aware of my past immigration history and that they require some time to reconsider my case and they acepted that if they refuse me again they will give me right of appeal.
My case is still at court as my last hearing date for this month was postponed, due to HO asking for more time to look at my case, so noting can be done yet as I'm waiting for HO reply.
I would like to see if they will keep to their word and if not, a hearing date will be alocated to me where I'm sure that Permission to proceed for JR will be given.
Application: flro ECHR article 8
applied: 12/12/2012.
Bio done: April 2013
Refused dated: 22 May 2013
PAP: 18/09/2013
JR: 03/10/2013
Outcome:

Only God knows what tomorrow may give birth to.

MRLAOLU
Newbie
Posts: 33
Joined: Thu Feb 17, 2011 7:35 pm
Nigeria

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

Post by MRLAOLU » Fri Mar 21, 2014 3:04 pm

Hello everyone

Congrats to those who have been granted leave to remain and I wish strength and succour to all bro and sis who have been refused or waiting eagerly for their stay.

I was not going to share this small progress at least for now but I thought it would be unfair to those who may receive encouragement from my story given that this forum has been a great source of rare inspiration and vigour to me in the last 20 months or so.

Here is my story. In August 2012 after the 9 July 2012 changes to family immigration rules I put in FLR O application for my self, wife and then 7 year old son under the parent of a child in the UK route.

Our immigration history is that I came here in 2002 as a visitor but overstayed but bravely in 2008 I left the UK and travelled to my home country in order to regularise my stay. I left the UK on faith and thankfully after nearly 3 months and two entry clearance applications I was allowed to come back as a dependant to my wife who had been granted five years work permit that would have qualified us for ILR in July 2013 but unfortunately she lost the job in 2009 and we have had to change course by staying here through student route.

My wife came here in March 2004 and have remained here lawfully since (she is currently applying for ILR under the LR route). Our two sons were born in the UK and now aged nine and seven. We have owned our home since December 2008.

Our FLR O application was refused in May 2013 because each of us do not have a sole responsibility of our son. I was initially denied an appeal which was later granted by an immigration judge.

In February 2014, our appeal was heard. The HO Presenting Officer though conceded that they have got the immigration rules wrong in our case tried her best to convince the judge that we could continue our family life in my home country by selling our house and use the proceeds to rent accommodation back home and use the remnants to put our children in private schools there. She argued that the children would adapt easily by making new friends. She further argued that career prospects for me and wife is just as good back home as it can be in the UK.

However, God prevailed for us and the judge allowed our appeals both under the immigration rules and article 8. For those of you that applied under the 7 year rule between July 2012 and 12 December 2012, the rule then did not include demonstrating that it was “unreasonable for the child to leave the UK”. This condition was added on December 13 2012 and there was a transitional provision that application submitted up-to 12 December 2012 should be considered under the rules subsisting pre 13 December 2012. The HO have been deciding all applications based on the amended rule from 13 December 2012.

Please seek advice if this is relevant to your case and it may make a different.

All thanks goes to everyone on this forum for sharing your lives with one and other but I would like to specially thank Nilesmarques for posting few decided unpublished upper tribunal cases as two of those cases were pivotal to our success. Thank you my friend. I wish everyone best of luck.

nilemarques
Member of Standing
Posts: 351
Joined: Thu Sep 13, 2012 7:17 pm

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

Post by nilemarques » Fri Mar 21, 2014 7:15 pm

[quote="MRLAOLU"]Hello everyone

Congrats to those who have been granted leave to remain and I wish strength and succour to all bro and sis who have been refused or waiting eagerly for their stay.

I was not going to share this small progress at least for now but I thought it would be unfair to those who may receive encouragement from my story given that this forum has been a great source of rare inspiration and vigour to me in the last 20 months or so.

Here is my story. In August 2012 after the 9 July 2012 changes to family immigration rules I put in FLR O application for my self, wife and then 7 year old son under the parent of a child in the UK route.

Our immigration history is that I came here in 2002 as a visitor but overstayed but bravely in 2008 I left the UK and travelled to my home country in order to regularise my stay. I left the UK on faith and thankfully after nearly 3 months and two entry clearance applications I was allowed to come back as a dependant to my wife who had been granted five years work permit that would have qualified us for ILR in July 2013 but unfortunately she lost the job in 2009 and we have had to change course by staying here through student route.

My wife came here in March 2004 and have remained here lawfully since (she is currently applying for ILR under the LR route). Our two sons were born in the UK and now aged nine and seven. We have owned our home since December 2008.

Our FLR O application was refused in May 2013 because each of us do not have a sole responsibility of our son. I was initially denied an appeal which was later granted by an immigration judge.

In February 2014, our appeal was heard. The HO Presenting Officer though conceded that they have got the immigration rules wrong in our case tried her best to convince the judge that we could continue our family life in my home country by selling our house and use the proceeds to rent accommodation back home and use the remnants to put our children in private schools there. She argued that the children would adapt easily by making new friends. She further argued that career prospects for me and wife is just as good back home as it can be in the UK.

However, God prevailed for us and the judge allowed our appeals both under the immigration rules and article 8. For those of you that applied under the 7 year rule between July 2012 and 12 December 2012, the rule then did not include demonstrating that it was “unreasonable for the child to leave the UK”. This condition was added on December 13 2012 and there was a transitional provision that application submitted up-to 12 December 2012 should be considered under the rules subsisting pre 13 December 2012. The HO have been deciding all applications based on the amended rule from 13 December 2012.

Please seek advice if this is relevant to your case and it may make a different.

All thanks goes to everyone on this forum for sharing your lives with one and other but I would like to specially thank Nilesmarques for posting few decided unpublished upper tribunal cases as two of those cases were pivotal to our success. Thank you my friend. I wish everyone best of luck.[/quote]


Greetings To you all my forum family!! Hope I find you all in good health! To all those granted, a big congrats!!! All those still in the process, hang on in there!!! Always remember Eph 3 v 20 "Now unto him that is able to do exceeding abundantly above all that we ask or think, according to the power that worketh in us."

@MRLAOLU. It's all good mate! What you say is a little victory, to us it is a giant step! We're all in this struggle together as a forum family! Good luck on the next phase of the journey. I haven't anything to report as of yet so I'm still waiting!
Stay Blessed!!

amjadleeds
Member of Standing
Posts: 271
Joined: Sat Mar 26, 2011 9:33 pm

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

Post by amjadleeds » Fri Mar 21, 2014 9:03 pm

Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds

amjadleeds
Member of Standing
Posts: 271
Joined: Sat Mar 26, 2011 9:33 pm

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

Post by amjadleeds » Fri Mar 21, 2014 9:12 pm

Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds

amjadleeds
Member of Standing
Posts: 271
Joined: Sat Mar 26, 2011 9:33 pm

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

Post by amjadleeds » Fri Mar 21, 2014 9:22 pm

MRLAOLU wrote:Hello everyone

Congrats to those who have been granted leave to remain and I wish strength and succour to all bro and sis who have been refused or waiting eagerly for their stay.

I was not going to share this small progress at least for now but I thought it would be unfair to those who may receive encouragement from my story given that this forum has been a great source of rare inspiration and vigour to me in the last 20 months or so.

Here is my story. In August 2012 after the 9 July 2012 changes to family immigration rules I put in FLR O application for my self, wife and then 7 year old son under the parent of a child in the UK route.

Our immigration history is that I came here in 2002 as a visitor but overstayed but bravely in 2008 I left the UK and travelled to my home country in order to regularise my stay. I left the UK on faith and thankfully after nearly 3 months and two entry clearance applications I was allowed to come back as a dependant to my wife who had been granted five years work permit that would have qualified us for ILR in July 2013 but unfortunately she lost the job in 2009 and we have had to change course by staying here through student route.

My wife came here in March 2004 and have remained here lawfully since (she is currently applying for ILR under the LR route). Our two sons were born in the UK and now aged nine and seven. We have owned our home since December 2008.

Our FLR O application was refused in May 2013 because each of us do not have a sole responsibility of our son. I was initially denied an appeal which was later granted by an immigration judge.

In February 2014, our appeal was heard. The HO Presenting Officer though conceded that they have got the immigration rules wrong in our case tried her best to convince the judge that we could continue our family life in my home country by selling our house and use the proceeds to rent accommodation back home and use the remnants to put our children in private schools there. She argued that the children would adapt easily by making new friends. She further argued that career prospects for me and wife is just as good back home as it can be in the UK.

However, God prevailed for us and the judge allowed our appeals both under the immigration rules and article 8. For those of you that applied under the 7 year rule between July 2012 and 12 December 2012, the rule then did not include demonstrating that it was “unreasonable for the child to leave the UK”. This condition was added on December 13 2012 and there was a transitional provision that application submitted up-to 12 December 2012 should be considered under the rules subsisting pre 13 December 2012. The HO have been deciding all applications based on the amended rule from 13 December 2012.

Please seek advice if this is relevant to your case and it may make a different.

All thanks goes to everyone on this forum for sharing your lives with one and other but I would like to specially thank Nilesmarques for posting few decided unpublished upper tribunal cases as two of those cases were pivotal to our success. Thank you my friend. I wish everyone best of luck.
Hi Congratulation to you and your family,
regards
amjad leeds

bsmith13
Junior Member
Posts: 86
Joined: Thu Mar 20, 2014 3:45 pm

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

Post by bsmith13 » Fri Mar 21, 2014 10:25 pm

@elastep

I've not spent half of my life here but on the bother line as it's short with 1year and 6 months though I'm under 25 at the moment but by the time I spend half of my life here I will be over 25 then.

@thisyear. Thank you for the advice.

liaqatali
Newly Registered
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Joined: Sat Feb 01, 2014 3:27 pm

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

Post by liaqatali » Sat Mar 22, 2014 3:55 pm

amjadleeds wrote:Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds
HI Amjad can u please provide some information regarding the seven year child / family/ private life. I mean which types supporting documents u submitted with application related to seven year child.

thanks and regards :)

convenantkeepingGod
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Re: FLR(O) Discretionary Leave waiting times ..??

Post by convenantkeepingGod » Sun Mar 23, 2014 3:02 pm

Hello everyone,

I have been a secret readerof this forum and it has helped me a lot, today I come to you with a deja vu scenario.
Few days ago my zambrano application was refused , I was kind of prepared for it and even though they gave me right of appeal I want to put in a FLRFP application .
I just need your opinion on the documents I'm sending :
-Nhs appointments letters for my child
-child's british passport
-nursery invoices addressed to me
-letter from nursery advising that they know me as the sole carer
-residence order(sole)
-Gp letter adv that we are both registered there
-bank statements
-contract of employment
-letter from my employer saying I passed my probation period
-photos
-nhs appointment letters for me
-contents insurance letter
-pay slips
Now my problem is the tenancy agreement , you see my baby and I are living with family friends , they took us in when we had no where to go . The house is a four bedrooms townhouse where my child and I have the two rooms upstairs with a shower room and my friend and her husband have the rooms dowstairs , the living room and the main bathroom. We only share the cooking area . I was not paying any rent when we moved but since I have been working I have asked them to tell me how much they will charge me so for the two rooms and shower I pay £95 each week?They are also tenants in that house I have never met the landlord just heard his voice 2 or 3 times since we moved in , my child and I have been leaving there for 15 months, my friend and her husband have given me a tenancy agreement with details of how much I pay per week and the accommodation , I really do not feel comfortable sending this to UKBA because I feel like they are not the landlord and UKBA might do checks and find out that they are just tenants sort of subletting.Even though I'm currently working I do not have a lump sum to pay for a deposit for a flat .
I'm so worried about this and do not know what to do . Can you please advice if it will be ok for me to use this tenancy agreement .
your opinions will be greatly appreciated. Sorry for the long post. Thank you

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