FLR(O) or FLR(FP) for DL extension [6 years to ILR route]

[shadowrunner]

Hi,

I'm sorry if this question has been asked before. I've searched but I cannot find an answer.

My husband is currently on Discretionary Leave to Remain under article 8 of ECHR, granted in 2011 for 3 years. In the notes, it says he should apply for an extension before it expires, and after 6 years of DL he will be eligible to apply for ILR.

(In 2011 we applied for FLR(M) to his spouse visa, but it was returned due to an unsigned cheque. We applied again using FLR(M) and the application was refused but at the same time he was granted DLR for 3 years under article 8 of the ECHR.)

The new FLR(FP) form clearly states that it is for "family life as a partner (10 year route)". However, in Section 2 of this form it states, "If you are applying for leave to remain in the UK on the basis of your family and/or private life and you know you do not meet the requirements of the above categories, but would like to apply anyway, tick the box most closely relating to your circumstances."

I would have thought that we apply using FLR(O) "Other purposes/reasons not covered by other application forms" and write a statement that he is applying for a further 3 years of DL as instructed, but perhaps there is something I'm missing.

I am thoroughly confused about whether we should be applying using FLR(O) or FLR(FP) for the extension.

Please could someone offer some advice (which form with reasoning)? Thank you.

[Amber]

FLR(O).

[shadowrunner]

Dear Amber,

Thank you for your reply. I really appreciate it.

Just for further clarification (hopefully this will help other posters too), what the reasons for using FLR(O) in this situation?

When completing the form itself, should we go about this in the same way as before? We submitted our marriage certificate and other documents to demonstrate that we are living together. It doesn't ask for my passport, so I'm assuming it's not required? Any further guidance would be really helpful.

Best wishes.

[Amber]

FLR(FP) is for new applications (5 or 10 year routes), you have transitional protection, thus, FLR(O).

This form (FP) is for:

family life as a partner (10 year route)
family life as a parent (5 year route)
family life as a parent (10 year route)
private life in the UK (10 year route)

[Ket]

Hi .

I have been following this post too and am confused as well to which form I should use to extend discretionary leave to remain visas by another 3 years.

My case is as below:
Came to the UK in 2008 on spouse visas. Marriage breakup in 2010. Had a case in upper tribunal where UKBA lost the case and therefore UKBA issued Discretionary Leave for 3 years in 2012. The UKBA letter states that before the period of leave, I should either depart or apply for extension of stay explaining the basis on which you are seeking to remain longer. Where an extension of Discretionary Leave is sought,the request will be subject to an active review. A person will not be eligible for settlement until they have completed 6 years of discretionary leave.
What form shall I use?

Please help. Thank you.

[Amber]

FLR(O).

[Ket]

Thanks Amber. Could I ask you why you say its FLR (O) and FLR (FP)?
FLR(O) form says this form is applicable to applicants who have previous been granted a period of DL but has previously not been refused asylum or granted less than 4 years of exceptional leave.
Look forward to hearing from you.

[Amber]

FLR(FP) is for new applications (5 or 10 year routes), you have transitional protection, thus, FLR(O).

This form (FP) is for:

family life as a partner (10 year route)
family life as a parent (5 year route)
family life as a parent (10 year route)
private life in the UK (10 year route)

[Ket]

Thanks. What does transitional protection mean?

[Ket]

Hi amber, I would also like you to know that the determination from court of appeal which I won says that I have private life and no family life. This determination was issued prior to 9th July 2012.

Please advise what does transitional protection mean?

Thanks.

[Amber]

decision implemented after 9 July 2012

Where an individual submitted an application before 9 July 2012 and following
a refusal at appeal it was considered and allowed on Article 8 family life
grounds before 9 July 2012, and the Secretary of State is not contesting the
determination, leave should be granted under the Discretionary Leave policy in
place in force on 8 July 2012.

The relevant date is the date the appeal was determined and allowed by the
judge, rather than the date of promulgation or the date of the actual appeal,
where these dates differ.

[Ket]

Thanks. Would you be knowing how hard it would be to get an extension? Do you know of cases whereby extension have been refused based on private life?

[Amber]

An extension of DLR should be granted where the circumstances remain similar.

[Ket]

Thanks Amber.

[halifax8]

Hi Guys,

I need your expert opinion and advise.

A friend is 7 months pregnant and on a 6 months tourist visa. Her partner is a settled person in the uk.
I know she can not switch from her visitors visa ..
Her visa hasn't expired though....Her partner lives here in the uk so they want to make application here in the uk rather than sending the baby and mum home to start a spousal application.

1. Can she make FLR (FP) application for leave to remain?
2. If her baby is born, can she make application with the baby, as the baby will be british citizen?
3. What application is best for this kind of situation?

Can anyone advice on the best application for her to apply. I know its not a straight application but i trust someone here can help.

You can share this post around.

Thanks