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Help advice needed....refusal FLR O Unmarried partner

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Sunny197
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Help advice needed....refusal FLR O Unmarried partner

Post by Sunny197 » Mon Aug 12, 2013 7:22 pm

Here is breakdown my case:

June 2002 - came UK as visitor, to play cricket. expired after 6 months
First tired to regularise stay in January 2012 with FLR o application
I meet fiancé May 2011
Moved together January 2012
Engaged August 2013
Application refused February 2013 with no right appeal. Asked to return home. no removal directions issued.
Solicitor failed to pass on refusal until end of march. New solicitor instructed.
April - Solicitor sent application to appeal to first tier tribunal, refused as no valid leave and a refusal isn't classed as a immigration. Informed will have right to apply under human right once removal order is given not but no order has been made.
My solicitor has sent letter to Home office asking to reconsider and arguing the case of no removal decision and failure to consider article 8 under European convention of human rights.
It has been almost 4 months since this was sent and no response.

Does anyone have any advice. My partner and I very stressed and scared we be separated.

Amber
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Post by Amber » Mon Aug 12, 2013 7:36 pm

Do you have children?
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Sunny197
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Post by Sunny197 » Mon Aug 12, 2013 7:39 pm

No children, not fair to have kids like this :(

MPH80
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Post by MPH80 » Mon Aug 12, 2013 8:21 pm

Marry - return home and apply as a spouse?

Sunny197
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Post by Sunny197 » Mon Aug 12, 2013 8:27 pm

My partner is UK national and doesn't meet the financial income requirements.

Amber
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Post by Amber » Mon Aug 12, 2013 8:32 pm

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Sunny197
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Advise please FLR fp

Post by Sunny197 » Thu Sep 25, 2014 5:51 pm

I have followed this forum for some time and would like some help with our case.

My partner entered as visitor -12 yr overstayer
Meet in 2011 and lived together 2.5 yrs
Applied FLR o in Jan 2012 - refused 2013 due to only 14 months cohabiting and partner still has family in home country. Also has aunties and aunties cousins in uk.
Reconsideration request sent and rejected. No removal given denying right to apply on human rights grounds.
I don't meet the financial requirement for him to apply from his country.
No criminal convictions

Things has changed this year, recently married and expecting first child. We have also put FLR fp in. I am a British national by birth. I am stressed and worried which is no good for baby. Any advice

asadzareef89
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Re: Advise please FLR fp

Post by asadzareef89 » Thu Sep 25, 2014 6:12 pm

With flr fp make sure you fill that in properly as even a little mistake and they will send the application form back and then you will have to go over the process all over again.

Also make sure the cover letter is detailed and all areas covered on why you two can't cohabit in his/her home country. I was in kind of the same position as your partner, my case was even worse after i sent in my application i got another letter after 2 weeks which told me to start reporting weekly to salford reporting center. On my second visit i was detained and they made me sign the deportation order without explaining what it was. But after i got over the shock i explained that my application is in process and them detaining me is against my civic rights. Anyways long story short i got my leave after 4 weeks of that with an apology letter.

So for example in your cover letter cover the areas of child mortality rates/maternal mortality rates from your partner's country if they are significantly worse than the UK. Also explain that if they remove your partner you would be compelled to move with him to his home country with him and then as a consequence face a very depressing and dangerous life. Now mostly this situation would depend on your partner's home country and situation there.

As long as you explain all of this in great deal and with some facts you should be alright with this case. In my case I couldn't afford a lawyer then or even now for my extension but it went smoothly for once.

Sunny197
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Re: Advise please FLR fp

Post by Sunny197 » Thu Sep 25, 2014 6:27 pm

Thank you for your reply. His application was put in about month ago and got married 2 weeks ago, making HO aware of this and arrangements made. They were informed of engagement in first application. We included letters from my parents and sisters. We have a solicitor who put in application and covering letter, detailing legal cases and our own personal statement. His home country is India and I raised the issue that new born needs proper medical care that British citizen is entitled to for best start in life, clean environment and stable home, moving to another country no job no money would open child to poverty etc.

Our marriage certificate has now been sent on.

asadzareef89
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Re: Advise please FLR fp

Post by asadzareef89 » Thu Sep 25, 2014 7:39 pm

Well I didn't know you had done it through the solicitor so I think he would have made a pretty strong case. Also I think you could have described the child disease especially water born diseases and stuff. India is still counted among the 26 countries where 80 percent of deaths in young children occur.

But seeing the situation I think you have got a pretty strong case and might have to wait a bit extra because you also applied for free application processing through flr fp form which itself would take some time for assesment

So you might have to wait a bit but the guidelines are pretty clear for DLR that child's needs are always to be put in front so If they refuse you it won't be easy for them to defend the appeal and any refusal would have to be made by senior caseworker.

Also its great you are keeping them updated so fingers crossed you will get a positive reply before your baby arrives as I know from experience it can be very stressful

Good Luck

flozo64
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Re: Advise please FLR fp

Post by flozo64 » Thu Sep 25, 2014 7:44 pm

It might have been better to wait a little while, your case might be strong but they won't take a child's rights into account until after birth.
Flr(fp) application.

Applied - 29/07-14
HO Received - 31/07/14
Biometrics done - 12/08/14
Decision - Granted - 10/10/2014

asadzareef89
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Re: Advise please FLR fp

Post by asadzareef89 » Thu Sep 25, 2014 8:03 pm

flozo64 wrote:It might have been better to wait a little while, your case might be strong but they won't take a child's rights into account until after birth.
I disagree with the above, I had been detained two days after my application but because my partner was pregnant atm and i had an outstanding application which was made 2 years after my last ltr was refused but i was granted DLR within 2 months

I guess it would be up to the caseworker, just have to hope they get a good caseworker and if she is over 26 weeks pregnant than i think they would take into account that she would need her partner's support while going through labour as 24 weeks is the legal limit for abortion and once you have passed that you would think they would assume the best case scenario that the kid will arrive now and the father needs to be there. But this is my personal opinion and you really have to guess because its up to them how to use their discretion.

flozo64
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Re: Advise please FLR fp

Post by flozo64 » Thu Sep 25, 2014 8:14 pm

I know people also granted DLR, but the rules for granting a visa for DLR are different to flr. I would be interested to know the outcome but whilst DLR may be granted I'm doubtful that flr will be.
Flr(fp) application.

Applied - 29/07-14
HO Received - 31/07/14
Biometrics done - 12/08/14
Decision - Granted - 10/10/2014

asadzareef89
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Re: Advise please FLR fp

Post by asadzareef89 » Thu Sep 25, 2014 8:23 pm

I dont think they have applied for flr family route, flr fp form is the one you use as a fee waiver for dlr applications

If they have applied for any other visa other than DLR it would be a straight refusal with consideration given to rights protected under article EEA agreement which would mean consideration would be given to DLR and that might be granted in that case but either way I think they have applied for DLR and might not know much as the solicitor is handling it

FLRfp form is used for DLR applications when you are unable to afford the fee

Sunny197
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Re: Advise please FLR fp

Post by Sunny197 » Thu Sep 25, 2014 9:11 pm

We have applied under private and partner/family life with no fee waiver. I'm 21 weeks. I do think every case different and each treated different, depends on caseworker allocated.

flozo64
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Re: Advise please FLR fp

Post by flozo64 » Thu Sep 25, 2014 9:40 pm

One of the eligibility requirements for flr(fp) is that you have a British child, they don't consider a foetus to be a child, thus hopefully your solicitor had shown " there are serious reasons you and your partner can’t live together as a couple in another country"

Otherwise like asadzareef said they may consider giving DLR.
Flr(fp) application.

Applied - 29/07-14
HO Received - 31/07/14
Biometrics done - 12/08/14
Decision - Granted - 10/10/2014

Sunny197
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Re: Advise please FLR fp

Post by Sunny197 » Thu Sep 25, 2014 9:46 pm

FLR FP application are on basis of private life, family life with partner or child, not soley used on basis of child. This new application split into 3/4 selections, applying under relevant ones.

Sunny197
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Help Plz FLR FP

Post by Sunny197 » Wed Nov 05, 2014 9:17 pm

Hi

My partner put application in 2 months ago, he is an overstayer for many years. Our first application two years ago was refused. We are now married and 27 weeks pregnant, HO were informed of our wedding plans when app was submitted as we feared that they would intervene.

I'm a British citizen, full time employment, however fall short of £18600, therefore out country app was out question and I can't go through pregnancy alone. Been together 3.5 years and lived together 3 yrs in jan.

I am terrified, i can't bear thought off this child not having father and I constantly worry.

Anyone in/been in similar situation.

Thanks

Obie
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Re: Help Plz FLR FP

Post by Obie » Thu Nov 06, 2014 12:18 am

He will be under FLR(FP), provided of course, there is no Criminal Offense.
Smooth seas do not make skilful sailors

Sunny197
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Overstayer - help advice

Post by Sunny197 » Sat Nov 15, 2014 9:23 pm

Hi

I have been in UK 12.5 years, arrived on visitor visa play sport. I am married to BC and wife is 28 weeks pregnant. Been together 3.5 years, lived together 2yrs 10months. Married 2 months.

Applied flr o in 2012, refused 2013. Applied again flr fp aug 2014, no response as yet. My wife in full time employment but doesn't earn £18600, therefore out country app was not option.

I have a lot of family in UK (aunties uncles cousins) and can't leave my wife and unborn child.

Anyone been in similar situation or have advice?

Obie
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Re: Overstayer - help advice

Post by Obie » Sat Nov 15, 2014 9:25 pm

I believe the FLR(FP) is likely to get refused again.

You may stand a better chance after the baby has been born.
Smooth seas do not make skilful sailors

Sunny197
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Refusal FLR FP

Post by Sunny197 » Sun Dec 07, 2014 2:38 am

My husbands application has been refused for the second time. 12 year overstayer. I am 7 months pregnant due in 9 weeks and HO state I can go to India with him and give birth there as I'm currently 4 months (incorrect). I don't earn enough for him to apply back home. We intend to keep fighting and apply once baby is born.

The UK government does not care about there British Citizens, it's all politics. Anyone else been or is in similar situation.

aiza78601
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Re: Refusal FLR FP

Post by aiza78601 » Sun Dec 07, 2014 10:12 am

i m agreed with u,let the baby born then u can argue article 8

Sunny197
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FLR FP overstayer

Post by Sunny197 » Sun Dec 21, 2014 2:19 pm

Hi

We put application in August on basis british wife who pregnant. Baby due in 7 weeks and application refused 2 weeks ago stating wife can go india and give birth.

She doesn't earn enough for me to apply out country. Next step would be to reapply once baby here. Anybody similar or been similar situation. I been here 12.5 years.

Wanderer
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Ireland

Re: FLR FP overstayer

Post by Wanderer » Sun Dec 21, 2014 2:43 pm

Please clarify - why would a British person have to go to India to give birth?
An chéad stad eile Stáisiún Uí Chonghaile....

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