FLR FP OR FLR O?

Hello

I am considering submitting an application for leave to remain in the UK with my three children. I would like to know which application form would be most appropriate for me. Here is the background facts to my circumstances:

1. I arrived in the UK in mid 2012 on a 2 year family visitors visa with my two children. Both my children have been going schools in the UK ever since arriving in mid 2012. My eldest child is a daughter who is now 12. She first started at the primary school and is currently now at secondary school. My other child is a son who is 6. He started off at pre school and now studying at year 2 in the primary school. I gave birth to my third child in the UK. I am not sure if my third child born in the UK is the same father as my other two children. The father of my other two children is not in contact with me or the children. I have been living with my unmarried partner since 2012 who is supporting me and all my children in the UK.

2. My unmarried partner is married and has children. He provides all the financial support and accommodates me and my children and his wife and children. We have been all living together since 2012. My unmarried partner is British citizen and is not the father of my third child, DNA test has confirmed. My unmarried British citizen partner has obtained a Child Arrangement Order from the family court conferring Parental Responsibility for all my three children.

3. My eldest two children who are at school in the UK are doing very well. They have good reports from the schools and the social services who were involved during Child Arrangement Order court proceedings has heard views of my children that they want to remain in UK and continue at school as they have made many friends. The social services and the schools have provided good reports and letters to support my application to the Home Office. In addition to these my children have over 200 materials of their educational records since 2012.

4. In order for me and my children to qualify for leave to remain under Private Life in the UK we must satisfy all the requirements in Rule 276ADE(1) however as my children have not lived in the UK for continuous 7 years and I have not lived for at least 20 years, my children do not qualify for leave to remain on Private Life in the UK under this rule. However Rule 276BE(2) states that "where an applicant does not meet the requirements in paragraph 276ADE(1) but the Secretary of State grants leave to remain outside the rules on Article 8 grounds, the applicant will normally be granted leave for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition".

6. I have read the Home Office Immigration Directorate Instructions that decision makers refer when considering applications outside the Rules on Article 8 ECHR Private Life. In particular important to my circumstances I have referred to paragraph 11.2.4 of the IDI which provides decision makers guidelines how to consider non British citizen children's exclusion from the UK and best interest. My children have never been to schools from the country I arrived from and I do not have any family in country of origin.

7. I am happy to pay the fee and the Health Surcharge and therefore decided to submit an application for leave to remain on FLR O however I am unclear if I should submit my children and my application on FLR O or FLR FP form. I would be most grateful if someone can advise me the application form most appropriate to my circumstances, any thoughts on the outcome of my application and if I should submit any other evidence than what I have already mentioned on this post.

Many Thank you.

Can you advise us of precisely what are your grounds for applying for FLR?

To begin with, technically, you can't apply for FLR (Further Leave to Remain) because that presupposes that you have a pre-existing leave to remain.

You have broken a fair few immigration laws, from overstaying on a visit visa, your children admitted to school while they are overstayers and giving birth on the NHS when you were not entitled to.

rumiaktherhena1981 wrote:My unmarried partner is married and has children.

I presume that you mean that he is married to a person other than you. In that case, your relationship can not be taken into account because for that to be taken into account, your partner should have been free to marry when he was in a relationship akin to marriage with you.

Your children are doing well at school, but that is no reason to give the whole family FLR. The best interests of the child also presupposes that the child has some (legal) connection to the UK. Else, if all of Syria's children are illegally trafficked into the UK, they and their family can claim FLR on the grounds that their interests are better in the UK than in Syria. Then, multiply that argument by the number of countries poorer than the UK. I doubt very much that that argument would fly.

I believe that as your children have not been here for 7 years, the standard that the UKV&I would use would be tougher than the standard in 274ADE(1)(iv); that it would not be unreasonable for the child to leave the UK. You are lucky that that standard is far weaker than the one for adults; "there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK."

You have highlighted one paragraph in the Immigration Directorate Instructions that is in your favour. But the other paragraphs suggest that it is in their interest to return to their home country.

Given the overall weakness of the case, I think it highly likely that the UKV&I will reject this application and that you will need to take this through the courts. You would want to be financially prepared for that as well.

Hello and Good afternoon

Thank you for the response, asking my grounds which I am relying in support of my prospective application for leave to remain and offering your thoughts.

1. My grounds in support of my application are;

a) The children’s father is not in contact with me or the children and I have nowhere to return in my country of origin
b) I have no person to support me in my country of origin because my own mother, brother and sisters are all settled in the UK.
c) My eldest both children have settled in their school and have made many friends. I have asked my children how they would feel if they returned to my country of origin with me and they have expressed to remain with me England and carry on going to school. My children have also expressed their wish to the social services.
d) My family in the UK are not prepared to support me or my children because of my unmarried relationship which is against my culture and tradition

2. In regards to my children being admitted into state maintained school I consulted the Department for Education before they were admitted. It was confirmed in writing by the Department for Education that Immigration Status does not affect a child who is compulsory school age to attend a state maintained school. In support of their response the Department for Education specifically quoted the relevant school admission code.

3. The NHS Hospital charge in respect for the service and delivery of my child born in UK was paid

4. I appreciate that my children and I overstayed and there is nothing I can submit to defend this unlawful behaviour. The views of the Children social services and the school are that my children should remain at school as if they return to country of origin it will have a negative impact because they never went to any school in country of origin. It will be hard for them to start all over again considering my eldest is now at secondary school. I want to submit an application on the above grounds and see what the outcome is. I would therefore be most grateful if you can advise me which form to use (FLR FP or FLR O). I have considered to submit on FLR O.

5. You have stated that I would most likely need to go court of any chance to succeed. Please can you advise me if there is any statutory right of appeal if my application on the above ground is refused?

Thank you.

I still do not see any grounds for FLR. Wanting to stay in the UK is not sufficient grounds. And I do not see enough grounds even for a judicial review.

I am sure that others will wish to comment on this thread.

I think FLR (FP) on the basis of the unmarried relationship and the fact that it will be unreasonable to expect him to leave the UK, giving his other British Children.

Obviously, this will be dependant on whether you have been living in an unmarried relationship for 2 years or more, and whether he has a relationship with the other lady.

Looks a very, very weak case to me.

How can your partner have parental responsibility for all 3 children, none of whom are his?

There seems to be some confusion here. My understanding is that rumiaktherhena1981 is a mother with children from a previous relationship and is now living with her new partner and his wife + children. Her partner has taken responsibility for her children although they are not his biologically.
Apart from anything else, I would imagine it would be difficult to prove a genuine 'unmarried partnership' when her partner's wife and children also live in the household.

Yes. Sounds pretty hopeless to me. "My children have been here 3 years and don't want to go back" is a very weak application. "I'm shacked up with a bloke who is married to someone else" doesn't get you far either.

Hello

Thank you all for your comments.

Although my unmarried partner is not the biological father to any of my children, the court awarded a Residence Order under section 8 of the Children's Act 1989 as amended by section 12 of the Children and Families Act 2014. The Residence Order (now re-named as Child Arrangement Order) was issued because my children live in the same household as my unmarried partner, he takes them to school, GP, Dentist, Hospital ect. The Child Arrangement Order automatically confers Parental Responsibility and it is declared in the Order.

My unmarried partner and I have been living together in the same household with his wife and children for over 3 years. My unmarried partner and I do have paper work such as utility bills, bank statements ect covering last 3 years.

4 Days ago we have received a letter of support from children's social services. The manager has said that if the children have to leave they would suffer from emotional distress due to their age and it will have a detrimental effect on them. The advice from social service and school are that as the children have settled they should continue.

I appreciate my grounds are weak, I would therefore be applicative if anyone can give me any suggestions to support my application FLR FP or FLR O.

Thank you.