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FLR(FP) family life as a partner

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ewi
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FLR(FP) family life as a partner

Post by ewi » Fri Jul 18, 2014 4:54 pm

Hi everyone. I just need your opinion/advice about my situation. I submitted my application for FLR(FP) on a basis of family life as a partner. My partner (now my husband) have been living together for 10 months and recently got married. When we sought solicitor's advice sometime in May this year, we were advised to use the FLR(FP) based on our circumstances. I have read some of the forums on the Internet that FLR(FP) does not have any financial requirement. How true is that? I am worried because my partner was out of job from November 2013 to May 2014 and he was on Jobseeker's Allowance and received Housing benefit for that period. Since he got employed just recently, I couldn't provide any payslips for him but I attached his employment contract with his recent employer. I am only earning £12,500 per annum and that would not be enough to meet the financial requirement if there is any.

Also, my visa actually expires today (18/07/14) but was I was told as long as I have lodged my application to the Home Office, I am okay to stay and continue to work. I haven't received any letter from the Home Office acknowledging receipt of my application but it was delivered when I checked on the Post Office website.

Please tell me what chances I have to get the visa approved. I am really worried. Thank you very much.

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Re: FLR(FP) family life as a partner

Post by Amber » Fri Jul 18, 2014 10:59 pm

I gather your spouse is settled/British? Do you have children?
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ewi
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Re: FLR(FP) family life as a partner

Post by ewi » Sat Jul 19, 2014 9:35 am

Hi, Amber. Thanks for replying. Yes, my husband is a British citizen. We don't have a child in common. Is there a financial requirement for FLR(FP)

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Re: FLR(FP) family life as a partner

Post by ewi » Sat Jul 19, 2014 9:57 am

By the way, I have been in UK since May 2010. I came here as a student in 2010 and I was granted a post-study work permit after I acquired a degree.

ewi
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Re: FLR(FP) family life as a partner

Post by ewi » Sat Jul 19, 2014 10:26 am

Received 2 letters from Home Office just now. One letter is asking me to have my biometric information taken and the other one states: "Your application raises issues relating to the European Convention on Human Rights which are complex in nature. As such, it falls outside our normal service standards for deciding leave to remain application. Please be assured that we will make a decision on your case as quickly as possible."

What does this letter imply? :(

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Re: FLR(FP) family life as a partner

Post by Amber » Sat Jul 19, 2014 12:36 pm

No Financial Requirement for FLR(FP) but you must show that there are insurmountable obstacles to family life with that partner continuing outside the UK.
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ewi
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Re: FLR(FP) family life as a partner

Post by ewi » Sat Jul 19, 2014 2:58 pm

But what does that letter that I received from Home Office mean? About the issues relating to European Convention on Human Rights?

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Re: FLR(FP) family life as a partner

Post by Obie » Sat Jul 19, 2014 3:21 pm

People who apply for consideration under Exception 1, usually use FLR (FL) . Exception 1 raises human right issues.

There is a possibility that you may be refused, as the insurmountable test is quite rigorous.

You will have an appeal right if you are refused, and provided you and your husband's joint income is 18600 in the preceding 6 months prior to the hearing you may be ok.
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ewi
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Re: FLR(FP) family life as a partner

Post by ewi » Sun Jul 20, 2014 9:36 am

I'm sorry but I am really clueless about this. Can you please enlighten me on what Exception 1 is? Thanks.

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Re: FLR(FP) family life as a partner

Post by ewi » Sun Jul 20, 2014 9:39 am

And if I would be refused, can I still stay in UK or would they ask me to leave as my visa has expired? If I would still be allowed to stay here, for how long?

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Re: FLR(FP) family life as a partner

Post by ewi » Wed Jul 23, 2014 7:47 pm

anyone who could help me and answer my queries? I'd appreciate to read from you. Thanks.

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