Set (LR) – Wife & Son

I have applied ILR on Set (LR) and for my Mrs FLR (FP) because at the time of her application I wasn't able to meet the financial requirement of £ 18600. However I will be able to meet this requirement till April next year. My questions are:

1- What are her chances gaining visa on FLR (FP) after my ILR?

2- Is it possible to get spouse visa on FLR (M) after successfully obtaining FLR (FP) visa. Or in other words can FLR (FP) visa convert into FLR (M) spouse visa later on (consider meeting all the requirements of FLR (M))?

3- In case they refuse her FLR (FP) application and we launch an appeal; what are the chances to vary FLR (FP) application into spouse visa on FLR (M) application during appeal process on 3D leave.

Any one?

Still no reply

Anyone

Tier 4 wrote:I have applied ILR on Set (LR) and for my Mrs FLR (FP) because at the time of her application I wasn't able to meet the financial requirement of £ 18600. However I will be able to meet this requirement till April next year. My questions are:

1- What are her chances gaining visa on FLR (FP) after my ILR?

2- Is it possible to get spouse visa on FLR (M) after successfully obtaining FLR (FP) visa. Or in other words can FLR (FP) visa convert into FLR (M) spouse visa later on (consider meeting all the requirements of FLR (M))?

3- In case they refuse her FLR (FP) application and we launch an appeal; what are the chances to vary FLR (FP) application into spouse visa on FLR (M) application during appeal process on 3D leave.

1:Very Difficult. Do u have kids?

2. Out of question?

3. U can't vary application when decision is already made. u need to withdraw the appeal and make sure u get Tribunal confirmation letter that u withdraw the appeal. After withdrawing u have 28 days (overstay) to apply.

Zee ali wrote: 1:Very Difficult. Do u have kids?

2. Out of question?

I have a 2 year old child born here.

Besides why is it very difficult, do you have any personal experience?

Zee ali wrote: 3. U can't vary application when decision is already made. u need to withdraw the appeal and make sure u get Tribunal confirmation letter that u withdraw the appeal. After withdrawing u have 28 days (overstay) to apply.

So in other words it is still possible to apply on FLR (m) within 28 days of appeal withdraw.

Tier 4 wrote:

Zee ali wrote: 1:Very Difficult. Do u have kids?

2. Out of question?

I have a 2 year old child born here.

Besides why is it very difficult, do you have any personal experience?

Zee ali wrote: 3. U can't vary application when decision is already made. u need to withdraw the appeal and make sure u get Tribunal confirmation letter that u withdraw the appeal. After withdrawing u have 28 days (overstay) to apply.

So in other words it is still possible to apply on FLR (m) within 28 days of appeal withdraw.

Is your child born in UK? is this child applying with his mother flr fp application?

Although FLR FP visa falls under Appendix FM but it is kind of a discretionary visa. It is up to the HO to grant it or not. U can fight it in court.
Your case will be much stronger if your child (if born in uk) hold BC but at the moment your wife flr fp application position is not strong.
If u definite want a visa than use flr m form and full fill the income requirement.

One of my friend recently got ILR. He is registering his child as BC (still in progress). His wife applied flr fp because friend is not full filling income requirement. His solicitor said chances r not much now but u have good chance in appeal process because by that time your child get BC. and judge will allow the appeal

1- What are her chances gaining visa on FLR (FP) after my ILR?

It will depend on your circumstance, whether you have children or not, their age and length of residence in the UK, their Citizenship, whether there will be an insurmountable obstacle to you the sponsor or ILR holder relocating with her to her country of origin. Whether there are exceptional circumstances in your case which will merit the grant of leave outside the rule.

2- Is it possible to get spouse visa on FLR (M) after successfully obtaining FLR (FP) visa. Or in other words can FLR (FP) visa convert into FLR (M) spouse visa later on (consider meeting all the requirements of FLR (M))?

It is possible provided you prepared to pay the fees and make a new application, and provided all the requirements in E-LTRP is met.

3- In case they refuse her FLR (FP) application and we launch an appeal; what are the chances to vary FLR (FP) application into spouse visa on FLR (M) application during appeal process on 3D leave.

There is not section 3(D) in your case, Section 3(C) is the applicable provision.


I am of the view that an immigration Judge will allow your appeal under the immigration Rules if the requirement are met as at the date of the hearing. If he or she was to make a finding that all the requirement of E-LTRP is met, then the secretary of State will have no option but to issue you with Leave under the 5 years route.

Many Thanks for your replays, Today i have received my ILR on the basis of long residence, so one hurdle is sorted.

Zee ali wrote: Is your child born in UK? is this child applying with his mother flr fp application?

Yes he was born in UK and he is 21 months old and no I already have applied for my Mrs FLP (fp) back in 22 Aug 2014 without including my child.

As today I have received my ILR so I am making a booking for Nationality Checking Service Edinburgh to register my son as BC as soon as possible.

Zee ali wrote: One of my friend recently got ILR. He is registering his child as BC (still in progress). His wife applied flr fp because friend is not full filling income requirement. His solicitor said chances r not much now but u have good chance in appeal process because by that time your child get BC. and judge will allow the appeal

That sounds very much my case.

Obie wrote: I am of the view that an immigration Judge will allow your appeal under the immigration Rules if the requirement are met as at the date of the hearing. If he or she was to make a finding that all the requirement of E-LTRP is met, then the secretary of State will have no option but to issue you with Leave under the 5 years route.

As I have got my ILR today how long will it take to receive the decision of my Mrs flr (fp) application. She applied before her visa was expired therefore in case of refusal:

Do we get the right of appeal?

What time frame we will have to exercise this appeal right?

How long will it take if the case will got in court hearing?

Do I have to get an immigration lawyer?

Is it possible to get a long hearing date? so I can do my tax assessment for my self employment in HMRC in the months of April next year. (so that I can meet the spouse financial requirement)

Many thanks

Another question :

Do I have to send the photocopy of my ILR and the receipt of child registration (BC) for support of my Mrs FLR (FP) application?

Or the UKBA will already aware that I have received my ILR as our applications were linked together.

Tier 4 wrote:Many Thanks for your replays, Today i have received my ILR on the basis of long residence, so one hurdle is sorted.

Congratulations!

vinny wrote:

Tier 4 wrote:Many Thanks for your replays, Today i have received my ILR on the basis of long residence, so one hurdle is sorted.

Congratulations!

Many thanks vinny, This forum was always very helpful sorting all my residency issues, whether they were as student, PSW or settlement complexities.

Much oblige.

Obie wrote:
It is a grey area, even if it was agreed that Ex1 does apply, the test for engaging it in an adult case, is more restrictive than in a child case, so it still may not assist OP, save for the fact that he would be deemed to have made a correct and valid application if ILR is approved.

Well Obie, my ILR has been approved, and mrs FLR (fp) is still under process and now I am registering my son as BC under section 1 (3) on MN1 form through NCS Edinburgh this week.

I am requesting them to continue keeping my mrs FLR (fp) application on hold (like they did before) until my child get his British Citizenship so that Exception 1(b) - Exception 1(a) both applies.

What you think
Many Thanks

Amber wrote:You may wish to request that the FLR(FP) application is placed on hold until you are settled. Explaining that once settled your child will be registered as British as born in the UK thus engaging exception 1(a) and 1(b).

Dear Amber!

My ILR has been approved, and mrs FLR (fp) is still under process and now I am registering my son as BC under section 1 (3) on MN1 form through NCS Edinburgh this week.

I am requesting them to continue keeping my mrs FLR (fp) application on hold (like they did before) until my child get his British Citizenship so that Exception 1(b) - Exception 1(a) both applies.

What you think
Many Thanks

I got a heart broken news:

My wife FLR (FP) refused with the right of appeal.

My background:
- I have recently obtained ILR on long residence.
- I applied for registration for my UK born child through NCS Edinburgh as well.
- I applied for my Mrs on FLR (FP) because I wasn't able to meet the financial requirements

I have received all the documents of my Mrs back without her passport; including:
IAFT – 1 Appeal form (Deadline for appeal is 8th January 2015):

1. I shall be very thankful if someone kindly tell me how to Appeal to the first tier tribunal, and what's next after first tribunal?

2. Should I just fill the IAFT – 1 Appeal form with the best of my knowledge or get a lawyer?

3. Which is better; Oral hearing / paper hearing?

4. How long does it take?

To be honest my main aim is to pass some time in these appeals and apply for FLR (M) after April 2015 (once I will get the evidence of my and my Mrs self employment earning through HMRC).

5. Can I still be able to apply for FLR (M) while appeal of FLR (FP) under process?
6. Will my mrs FLR (M) application (probably in the month of May 2015) consider a new application or variation?
7. OR should I have to withdraw appeal altogether and apply FLR (M) as a completely new application?

Many thanks.

I got a heart broken news:

My wife FLR (FP) refused with the right of appeal.

My background:
- I have recently obtained ILR on long residence.
- I applied for registration for my UK born child through NCS Edinburgh as well.
- I applied for my Mrs on FLR (FP) because I wasn't able to meet the financial requirements

I have received all the documents of my Mrs back without her passport; including:
IAFT – 1 Appeal form (Deadline for appeal is 8th January 2015):

1. I shall be very thankful if someone kindly tell me how to Appeal to the first tier tribunal, and what's next after first tribunal?

2. Should I just fill the IAFT – 1 Appeal form with the best of my knowledge or get a lawyer?

3. Which is better; Oral hearing / paper hearing?

4. How long does it take?

To be honest my main aim is to pass some time in these appeals and apply for FLR (M) after April 2015 (once I will get the evidence of my and my Mrs self employment earning through HMRC).

5. Can I still be able to apply for FLR (M) while appeal of FLR (FP) under process?
6. Will my mrs FLR (M) application (probably in the month of May 2015) consider a new application or variation?
7. OR should I have to withdraw appeal altogether and apply FLR (M) as a completely new application?

Many thanks.

Well I am sympathetic for you, but it was an outcome that i told you, may occur, from the outset of this thread.

Option 3 is not even an option, as it will result in your wife being an overstayer, as FLR(M) will be refused again without a right of appeal.

The best bet is to pursue your right of appeal, and hopefully things might have gone well with your child's registration by hearing day, or at hearing, Article 8 argument may be advanced.

What were the grounds for refusal?

See also Immigration and Asylum Chamber.

Representation at Immigration Appeals wrote: The prospects of a successful appeal increase where there is an oral hearing. It helps the tribunal to assess the evidence by hearing witnesses give evidence.

Representation at Immigration Appeals.
Representing yourself in Court > Guide.

Giving evidence in court: Home Office guidance

Obie wrote:Well I am sympathetic for you, but it was an outcome that i told you, may occur, from the outset of this thread.

Option 3 is not even an option, as it will result in your wife being an overstayer, as FLR(M) will be refused again without a right of appeal.

The best bet is to pursue your right of appeal, and hopefully things might have gone well with your child's registration by hearing day, or at hearing, Article 8 argument may be advanced.

Many thanks for your reply and guidance.

Though I will put my maximum effort on FLR (FP) appeal and hopefully my child will get his registration certificate (at least) before hearing yet I was very much incline to apply FLR (M) while appeal is under process. As in my understanding I don't see any reason of refusal especially once I will meet the income threshold and all the other requirements will met. But I don't know.

vinny wrote:What were the grounds for refusal?

The prospects of a successful appeal increase where there is an oral hearing. It helps the tribunal to assess the evidence by hearing witnesses give evidence.

Thank you for your response and guidance.

Its almost 2 pages long list of refusal:

Decision under partner route:
Decision under parent route:
Decision under private life:
Decision on Exceptional circumstances:

In short they said;
Your child is neither British nor lived here for 7 years.
Though you have genuine relationship and your partner has spent significant time in UK and hold settlement yet we believe you guys can start you life in your home country.
Your child is just 22 months old and not in school therefore he can start his life in your home country as well.
Application was refused under D-LTRP.1.3, D-LTRPT.1.3 and 276CE

Well to be honest make no sense to me, even having ILR I cant stop my other half going back home. I think I was better in Tier 4 / Tier 1 at least we were legally living together. Feels like this ILR has screwed every thing up.

I thought that paper hearing takes longer to decide therefore the time I will come to the point of verdict / decision my child will at least receive his registration certificate. But I don't know I might go for oral hearing.

And please what you think if later on we apply on FLR (M) meeting all the requirements while FLR (FP) appeal in process what reasons can make FLR (M) refuse?

And I will really appreciate Vinny if you be kind enough to send me some relevant / similar successful case references for my guidance.

Many Many thanks
God bless you

Just the usual refusal as I predicted.

You have a decent prospect of succeeding on appeal.

Focus on Ex 1 now.

Obie wrote:Just the usual refusal as I predicted.

You have a decent prospect of succeeding on appeal.

Focus on Ex 1 now.

Thanks , just praying I meet both Ex 1 (a) - (b)

Even if you dont, you are more likely to have your case allowed outside the rules in court than on application.

If you prepare well, it should succeed, even if the registration is yet to be decided by then.

Obie wrote:Even if you dont, you are more likely to have your case allowed outside the rules in court than on application.

If you prepare well, it should succeed, even if the registration is yet to be decided by then.

Thanks God bless you

Today I got my 22 month old UK born son registration certificate, just after 4 weeks of application, through NCS Edinburgh.
Now today I booked an appointment for his British Passport as fast track service as well for 19 Jan 2015.

Hope his British passport will help a lot in my Mrs / his mom appeal.

Regards