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FLR FP REFUSAL AND REMOVAL NOTICE CONFUSION???

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hazmalik
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FLR FP REFUSAL AND REMOVAL NOTICE CONFUSION???

Post by hazmalik » Fri Sep 05, 2014 12:47 pm

Hi guys,
I had a meeting with my solicitor . Everything is fine and i am gna apply flr fp but one thing the solicitor said was if i get refused they might issue me a removal notice.. How true is that?? I know solicitors try to be honest but any off you had heard abt this .. Getting removal noctice on the refusal of FLR fp ????
I am doing flr fp to buy me 3 mnths so i can apply 10 yr long residence visa..

Zee ali
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Re: FLR FP REFUSAL AND REMOVAL NOTICE CONFUSION???

Post by Zee ali » Fri Sep 05, 2014 2:20 pm

hazmalik wrote:Hi guys,
I had a meeting with my solicitor . Everything is fine and i am gna apply flr fp but one thing the solicitor said was if i get refused they might issue me a removal notice.. How true is that?? I know solicitors try to be honest but any off you had heard abt this .. Getting removal noctice on the refusal of FLR fp ????
I am doing flr fp to buy me 3 mnths so i can apply 10 yr long residence visa..
Your solicitor is right from April 2013 HO issuing section 47 removal notice with refusals. They issue section 47 notice with refusal to remove people more quickly.

Dont worry if u apply in time your leave will extend by virtue of section 3c.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Obie
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Re: FLR FP REFUSAL AND REMOVAL NOTICE CONFUSION???

Post by Obie » Sat Sep 06, 2014 12:37 am

They could issue a removal notice under section 47, which will take effect if your statutory extension of leave comes to an end. This will not grant automatic right of appeal as before.

What will confer a right of appeal is if you make a human right claim, which you seem to be making.

You may be granted a right of appeal, under SECTION 82(1)(B)
Smooth seas do not make skilful sailors

hazmalik
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Posts: 30
Joined: Tue Mar 22, 2011 8:01 pm

Re: FLR FP REFUSAL AND REMOVAL NOTICE CONFUSION???

Post by hazmalik » Sat Sep 06, 2014 2:26 am

Thanks for your help Zee and Obie Again :-) ..
So as long as i apply under sec 8 human rights . I should be ok .. One last thing the solicitors is chaging some serious money.. Cant i apply flr fp myself knowing that it ll get refused any way ?!

hazmalik
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Posts: 30
Joined: Tue Mar 22, 2011 8:01 pm

Re: FLR FP REFUSAL AND REMOVAL NOTICE CONFUSION???

Post by hazmalik » Thu Sep 11, 2014 12:07 am

i have drafted a cover letter for my flr fp private life .. please check and let meknow if i have covered everything thaknks

To Whom May it Concern

Dear Sir/Madam,
I am applying for discretionary leave under FLR (FP) Private Life on the basis that I have been living legally in United Kingdom since January 2005. I was only 19 when I came here and lived my entire adulthood hood in England. Since I came to UK I only had been to my home country twice in 9 years and 9 months. Last time it was in 2008 I went back to Pakistan. Reason being I don’t have any family ties left back home. My father has already passed away. My siblings are married and got their own lives and we are not on speaking terms. I have no family or business interest left in going back to my home country. If my visa gets refused I believe it will violate my human rights for private life under article 8 of human rights, also it will leave a huge impact on my personality and personal life as I believe I am very well integrated into British way of life. I have done my degrees from British institutions. Currently I hold Post Study Work Visa which is expiring on 12th September 2014. I feel like an integral part of British life now and would highly appreciate if you could acknowledge my visa application and grant me discretionary leave
I have enclosed all the relevant documents ensuring my legal stay in the UK.
Yours sincerely,

Hasnain tariq

Fardous
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Re: FLR FP REFUSAL

Post by Fardous » Thu Jan 22, 2015 2:30 pm

Hi guys
Please advise what to do!!!!!!
I've got a refusal letter from HO for FLR FP. I came in the UK in 2010 and 2011 my wife and daughter joined me. Actually my visa expired 27 th of October 2014 and applied FLR FP 30th of October 2014. Solicitors said I will not have appeal right and that's true. He advised me to apply for judicial review. It means my continuity will be breaking if I apply for JR. My wife is now 4 months pregnant and my daughter in the UK for last 3 yrs 4 months with me. In this situation I don't know what to do. I'm totally lost. Please help me to understand what shall I do.
Fardous

Obie
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Re: FLR FP REFUSAL AND REMOVAL NOTICE CONFUSION???

Post by Obie » Thu Jan 22, 2015 4:35 pm

why did you wait 3 days to apply.
Smooth seas do not make skilful sailors

Zee ali
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Re: FLR FP REFUSAL

Post by Zee ali » Thu Jan 22, 2015 5:50 pm

Fardous wrote:Hi guys
Please advise what to do!!!!!!
I've got a refusal letter from HO for FLR FP. I came in the UK in 2010 and 2011 my wife and daughter joined me. Actually my visa expired 27 th of October 2014 and applied FLR FP 30th of October 2014. Solicitors said I will not have appeal right and that's true. He advised me to apply for judicial review. It means my continuity will be breaking if I apply for JR. My wife is now 4 months pregnant and my daughter in the UK for last 3 yrs 4 months with me. In this situation I don't know what to do. I'm totally lost. Please help me to understand what shall I do.
Fardous
Better to pack your bags and flight back home.

In the current political situation when immigration is a hot topic very hard to spend 4 more years to your child to be 7 years.

Like obie asked why u late 3 days. Why?
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Obie
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Re: FLR FP REFUSAL AND REMOVAL NOTICE CONFUSION???

Post by Obie » Thu Jan 22, 2015 6:03 pm

-If you have a removal notice, as the title of your post indicates, then you should have a right of appeal.
Smooth seas do not make skilful sailors

Fardous
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Re: FLR FP REFUSAL

Post by Fardous » Fri Jan 23, 2015 1:51 am

@obie there is no valid reason for the late. In October 14 I've lost my job, my wife had a bad situation with her pregnancy, I had to look after my daughter and wife. I was in mental pressure that time. I understand that's not an excuse. Home office didn't issue removal notice. One solicitor said After 20th of October 14 if anyone apply within 28 days overstay they have a appeal right but I don't understand why I've no appeal right. Please advise me what can I do next.

Zee ali
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Re: FLR FP REFUSAL

Post by Zee ali » Sat Jan 24, 2015 1:06 pm

Fardous wrote:@obie there is no valid reason for the late. In October 14 I've lost my job, my wife had a bad situation with her pregnancy, I had to look after my daughter and wife. I was in mental pressure that time. I understand that's not an excuse. Home office didn't issue removal notice. One solicitor said After 20th of October 14 if anyone apply within 28 days overstay they have a appeal right but I don't understand why I've no appeal right. Please advise me what can I do next.
U have no basis and no case to fight on. U can request HO through a solicitor to issue u removal notice which attract a right of appeal but as i told before ur case is very weak. Where u only spend 4 years in UK and your child 3 years.

Your only choice now is to wait for 4 years until your child spend 7 years in UK.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Fardous
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Joined: Thu Jan 22, 2015 12:28 pm

Re: FLR FP REFUSAL

Post by Fardous » Sat Jan 24, 2015 3:20 pm

Thank you Zee Ali for good advice.
Recently I've done masters degree from a university. HO has issued refusal letter 9th of January 15.
Is there any ways to spend four years legally in my situation? How can I secure my last five years continuity? If I apply new application FLR FP what's the result and logic?? I will appreciate your guidance.
Yours sincerely
Fardous

Zee ali
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Re: FLR FP REFUSAL

Post by Zee ali » Sat Jan 24, 2015 3:52 pm

[quote="Fardous"]Thank you Zee Ali for good advice.
Recently I've done masters degree from a university. HO has issued refusal letter 9th of January 15.

U should get admission in phd. why u apply flr fp visa? On what basis? Who advise u?

Is there any ways to spend four years legally in my situation?

Legally?? U r an overstayer now. U made a biggest mistake of your life by applying after your visa expired. u basically applied in 28 days overstay period after expiry of your visa and refused with no right of appeal. Your legal story is finished now. Better to come into reality that you will see a very hard time in future( because u r an overstayer now). U can't work legally. Even after summer u can't rent a property. They will close your bank account and cancel your driving licence in near future.


How can I secure my last five years continuity?

End of story.

If I apply new application FLR FP what's the result and logic??

Result again a refusal and No logic until your child turn 7. Even if your child turn 7 and u apply on that basis they will refuse u but u have good chance in court to get the visa on child 7 years basis.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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