Student Visa to FLRO & FLRM

Hi All,

Last year I made an FLRO application under HRA Article 8 as I have been in a relationship with the British citizen for about 10 months. This was just before my student visa expired. The application was refused under several grounds, one being that it is not impossible for my then boyfriend now fiance to uproot himself and join me in my country even if I go back. We sent for an appeal immediately as we believe it is unfair to ask someone who is well established in his own country to uproot himself. We did this via a solicitor who proved to be rather sleazy and dishonest. So we decided to seek a new solicitor before the immigration tribunal appeal hearing which is at the end of April. We consulted two solicitors. One said that the case is weak (only predicted a success rate of 30%)and that she can't take it but suggested us get married as we already planned to before the hearing and make a FLRM application.

The other solicitor is very keen to take the case. Predicted a success rate of 70-80%. Told us not to apply for an FLRM but to continue with the FLRO even if we get married.

I am conflicted by the two contrasting advices.

I'd be very grateful if you could tell me which of the above advice is correct.

Also, my passport is with the Home Office and what do you think is the best way to get in touch with them to get my passport so I can take it to the registry to get married?

Thank you!

What is your current visa / residency status? And when does is expire?

@ Nia7x, the solicitor who advised that you complete the battle for the FLR(O) appeal is right because if you withdraw appeal and send FLR(M), then you will be faced with the issue of overstaying unless you can submit your FLR(M) within few days of withdrawing appeal. But its advisable that you make necessary plans for your FLR(M) application as you might need to submit it immediately after appeal.

My advice is this, try to use another form of ID to get married at the registry as I think they should allow you to marry since you have a pending appeal and your passport is with HO. Also HO might be able to release your passport for marriage purpose but its better to find out by sending them an FOI email which they tend to respond to in time. You can then add your marriage grounds to your FLR(O) appeal before the hearing and the judge is likely to ask HO to reconsider your FLR(O) application based on new evidence of marriage and by this time you can then submit a fresh FLR(M) application to VARY the pending FLR(O) application.

FLR(M) is easier as its 5yrs compare with 10yrs FLR(O) but you need to keep your section 3C which extend your previous student visa and that will help you if you eventually win your appeal as you can still submit a valid FLR(M) application while keeping appeal right if refused again.

Hi All, In 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 2013.
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

hi
my friend applied for FLRo visa on on the same day his visa was expiring.the reason of applying was he has applied for a new admission in a college for january intake.
he was allowed to work on his previous student visa. can someone please tell is he allowed to work now or not?

thanks

Hi All,

I am in the UK on Fiance Visa. I recently got married. My husband is British. We are about to prepare my application to obtain spouse visa. I have a couple of questions for which I'd like your advice.

1. On the FLRM Guidance Notes the UKBA states (Page 9 under e. You Must Meet the English Language Requirement) that: ''You may not need to provide evidence of meeting the English language requirement if you have previously done so as a part of a successful application for leave as a partner or parent.''

Does my Fiance Visa which is the result of a successful application qualify for this? But since it is a short term visa does it not qualify?

The IELTS certificate I used for the Fiance Visa application has since expired and I want to make absolutely sure if I need to do another one. Money is tight at the moment.

2. What are usually the required supporting documents?

Looking forward to your responses. Thank you!