FLR (FP) been refused with no Appeal right & leave UK now

Judicial REview is of the decision that was made at the time, not on new circumstances since. However, when a child turns 7 years old, that is an expected circumstances.

7 years isn't a magic wand, though, you need to show 7 years and unreasonable to return to whichever country he is a citizen of. 7 year cases used to be more or less a presumption of a grant of leave. Now it's much, much harder.

I'm dubious about much of what is written in this thread, and I'd advice real caution in the process set out here.

If an application is refused, and only an out-of-country right of appeal given, you don't carry on accruing lawful leave to get to 10 years. If you put a new application in within 28 days and it is granted, the overstaying won' t be counted against you, but I can't see how it would be granted if it's just been certified!

rajmeets20 wrote:as your child has not done 7 year yet, so chances r low with JR, BUT just incase you dont get any joy with JR, file a fresh application again when your child turn 7 at end of this month.
i know this will involve lot of money again, but i am afraid this is the only way and trust even if your child turn 7 year its not a easy way to DLR.
I have applied under same rule in march, rejected by homeoffice june, First tribunal rejected in september...now going for upper tribunal oral hearing , waiting for date.
me and my partner r bot Non EEA/EU...two kids 9 and 6 both born here...i came in 2001

Hi @rajmeets20. My family and I have just submitted our FLR(FP) application today. My husband and I are both non-EEA/EU nationals but have been in the UK lawfully for 9 continuous years on Work Permit and Tier 1 General visa - long story short, we are not eligible to apply for ILR so have decided to apply FLR(FP). We have 2 children. Our eldest son has lived continuously in the UK for 9 years (at the date of application) and our daughter was born in the UK and has lived continuously in the UK for 7 years 5 months. Would you be so kind to share with me your family's circumstances and the Home Office's reasons for refusal? Thank you so much, Effy

Obie wrote:This OP on this thread was wrongly advised.

Is leave was certified and a removal notice issued.

The removal notice has the potential of stopping the ILR clock. He/she should challenge the certification and the removal via JR and then make the ILR

The advise that the OP should make a set LR application was wrong..

If op had only been refused leave , then he/she might have taken that approach , but removal was issued also.

There is first the need to challenge the certification and removal.

Dear Obie

If you can please throw some light and guide ( I completely understand that the moderators do not provide legal advice and I shall be responsible for all the decision I make.)

I am in the same situation. I applied for FLR (FP) to buy some time ( only 11 months were remaining to complete 10 years route).

> Applied in April

> refusal in August ( claim unfounded and certified; served with notice of liability to removal; must leave now; out of country appeal right ; temporary admission and was put on fortnight reporting at the Immigration Centre, which was later changed to every 2 months)

> Sent PAP but no positive outcome.

> Applied JR in Sept and still waiting; haven't heard anything from them yet.

Now next month (march 2016) I will be eligible for 10 years route. I am confused about taking next step;

1) Shall I wait for JR decision ( I am not hoping for any positive outcome) or

2) Shall I withdraw the JR and apply for ILR?

Withdrawal will certainly make me overstayer since August ( actual refusal date) or September ( 28 days allowed to be an overstayer)

I will really appreciate your response. I am new to the board and do not know how to privately message you.

Thanking you in anticipation.

I'm afraid you won't be reaching 10 years in March 2016, because you stopped accumulating lawful residence at the time of your refusal and certified decision in August. So you haven't reached 10 years, and won't do so unless your JR is successful.

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avjones wrote:I'm afraid you won't be reaching 10 years in March 2016, because you stopped accumulating lawful residence at the time of your refusal and certified decision in August. So you haven't reached 10 years, and won't do so unless your JR is successful.

I believe as long as he has applued with in the 28 days of refusal he is ok as he has not broken his 3c. so yes he has accumulated the same number of time he should have normally..

correct me if i am wrong ..
I have seen loads of people here who have made an application after refusal and gone on a p.e.o to make Set ( Lr) and granteted visa .

He hasn't applied for any form of leave within 28 days of hte previous refusal, that I can see?

Hello avjones,

I have a question and wondering if you or someone can provide me the assistance.

I am currently on Tier 2 and my sponsor was suspended last week. My tier 2 extension is due in March 2016. Please also note my ilr is due in July 2016 on 10 years basis.

As you know an employer cannot assign a cos while the status is suspended. What am I spposed to do now ? Do I just take a reference letter from my employer confirming that they would still require my services but due to the suspension they cannot issue me a cos and they will do the needful once the UKV&I conclude the case. Will they hold on to my case or refuse it straight away ? The other option is Flrfp just to buy 3-4 months.

Thank you.

avjones wrote:He hasn't applied for any form of leave within 28 days of hte previous refusal, that I can see?

Dear Amanda

Thank you for your reply; really appreciate it. Just wondering if one can send additional information at the initial stage ( e.g in my case, change of circumstance as I am about to complete 10 years in the UK) while one hasn't heard back from the JR team yet.

Also, Had I had applied as an extended family member of an EEA within 28 days after the refusal date, had that time period had counted towards the 10 years route for ILR.

Many thanks

Dear All,

For those having problems with "28 days grace" to put in a new application to the Home Office and whether such an application will be considered as "Overstayer", this new Upper Tribunal judgement delivered this year 2016 will be helpful.

The applicant in this case was successful.

The case is: The case is: The Queen on the application of Jyotika Priyesh Bhudia v Secretary of State for the Home Department http://www.bailii.org/uk/cases/UKUT/IAC/2016/25.html.

This case may put an end to the issue and stress of "28 days grace" given by the Home Office.

Goodluck to everyone!

That is not really directly relevant - there is no doubt, I think, in this thread that an application made within 28 days of the expiry of the previous leave (whether that leave is the visa of 3C leave) should be treated as having been made within time. It's always useful, though, to see that it has been upheld on judicial review, however.

In the instant case, Judicial Review proceedings were launched and were successful, therefore the decision made on the marriage application fell to be considered again, and that application had been made within 28 days of the previous visa.

uhtred wrote:

avjones wrote:He hasn't applied for any form of leave within 28 days of hte previous refusal, that I can see?

Dear Amanda

Thank you for your reply; really appreciate it. Just wondering if one can send additional information at the initial stage ( e.g in my case, change of circumstance as I am about to complete 10 years in the UK) while one hasn't heard back from the JR team yet.

Also, Had I had applied as an extended family member of an EEA within 28 days after the refusal date, had that time period had counted towards the 10 years route for ILR.

Many thanks

There's nothing stopping you sending further information, but a judicial review is of the decision that was made at the time, not subsequent developments.

Extended family member applications can count, if the application is subsequently granted.

knucks wrote:Hello avjones,

I have a question and wondering if you or someone can provide me the assistance.

I am currently on Tier 2 and my sponsor was suspended last week. My tier 2 extension is due in March 2016. Please also note my ilr is due in July 2016 on 10 years basis.

As you know an employer cannot assign a cos while the status is suspended. What am I spposed to do now ? Do I just take a reference letter from my employer confirming that they would still require my services but due to the suspension they cannot issue me a cos and they will do the needful once the UKV&I conclude the case. Will they hold on to my case or refuse it straight away ? The other option is Flrfp just to buy 3-4 months.

Thank you.

You need specific advice, by someone who knows what is happening with your sponsor, I think.

d3thmark wrote:i did not get any removal notice, i guess obie miss understood the post, my application for leave to remain has been refused.
so i applied another fresh application right after 7 days...

Hi d3thmark, what happens with your case now? have you got ILR yet? hope you have, I have the same case as yours, short of 5 months in January 2017.

PRcometrue wrote:

d3thmark wrote:i did not get any removal notice, i guess obie miss understood the post, my application for leave to remain has been refused.
so i applied another fresh application right after 7 days...

Hi d3thmark, what happens with your case now? have you got ILR yet? hope you have, I have the same case as yours, short of 5 months in January 2017.

mate are u serious if u really want to find out read all post,, u asking same questions without reading . he has got it