FLR(O) or FLR(FP)

[maj-server]

Hi,

1: My children were granted leave to remain in SEP 2011 on discretionary basis. They were dependent on my ex. partner
2: I was granted leave to remain in May 2013 (application made before 9 July 2012) on discretionary basis and in-line with my children.

Other parent is not British. Children age: 8 and 6 years at the moment.
I have residence / contact order in my favour and children are now living with me. (that was the only change)

I applied to extent our leave using Form FLR(O) in SEP 2014, I was the main applicant and children as dependent.
I used the Form FLR(O) as it was my understanding that this is the correct form. Before submitting the application I had a long discussion over the telephone with Home Office representative, she also confirmed I need to use Form FLR(O) not FLR(FP).

I made the application, received acknowledgement letter and biometric invitation within weeks. We enrolled biometrics and now I received a letter from HO saying there was an error in the application (no details on the error given) and asking me to fill the Form FLR(FP) within 7 calendar days in order to continue with the application...! or application will fall for refusal...!

I goggled about it and found following information:

http://www.immigrationboards.com/immigr ... 59179.html
in the above topic 'amber' said FLR(O) is to be used and there's transitional protection.

1: Is it also applicable to our case?
2: do we have transitional protection?
3: did we use the correct form and HO now making a mistake or something?

Further I found on the internet:
http://www.theimmigrationbarrister.co.uk/748/
in the above solicitor suggested writing a letter to the Home Office.

and also the following:
http://www.brandonconsultancy.co.uk/art ... -28032014/

Now, what should we do?
1: shall we send a letter to the Home Office and tell them that our application on Form FRL(O) was the correct one or
2: shall we fill the Form FLR(FP) as per their instructions and send it.

I will appreciate if you someone can guide us in details.

Best regards to all.
Maj

[aiza78601]

they have already informed you about error or wrong form,so it would be best to do what they have asked to send,keep letter for record so u would be able to tell them if any thing goes wrong

[maj-server]

Hi,

Thanks for your reply but if you read: https://www.gov.uk/government/uploads/s ... _11-14.pdf
FLR(FP) guidance notes, because we were granted leave on discretionary basis we are supposed to use FLR(O) and further transitional arrangements should apply.

Don't you think HO made an administrative error?

Thanks

[aiza78601]

but what i am concerned for they informed u that non compliance could led application fall for refusal

so its better to avoid any harsh or bad decision,send them the form which they asked to send

you can fill required form and can write separate covering letter along with policy page print which you mention in ur post and explain them there might be a adm error ,when they will get both form one u already sent and 2nd which they asked to send so they will chose right one and process ur application

[maj-server]

Thanks again, this what I am doing right now, filling the Form FLR(FP).
I will attach a letter (with page print) with this new form reminding them about the form usage policy.

However, don't you think transitional arrangement should apply in our case?

Regards

[maj-server]

I don't think I need to send the payment and photographs with this form again...???
I sent the payment, photographs and documents with Form FLR(O) and have done biometrics.

[baker]

Frl O is for people who were given discretionary leave after refusal of asylum.Did you get yr papers after they refused yr application ?So feel in the new form and you will get your papers soon because the flrO application takes 12mths and above to hey a decision while Frl application pple get reply within afew months.But you have to pay for that application its not free like Frl O.

[baker]

Don't make the payment just change the form and write a letter plus evidence to show that you paid.

[Obie]

FLR(O) is the correct application.

They have made a mistake, and you should draw it to their attention.


FLR (FP) will confer leave under 10 years route, as opposed to the 6 year route which you are almost finishing.

It is crazy what they are doing.

Write and inform them that you had filled in the right form based on your circumstance and that you do not want to go on FLR (FP).

[vinny]

With the proliferation of complex rules, instructions, guidences and application forms, it's not surprising that caseworkers are themselves confused.

When I joined the Immigration Service, the training course was 6 weeks with an exam at the end. If you failed the exam, you could be kicked out. This was followed by 8 weeks' mentoring.

Now it's a 2-week course, no exam and 2 weeks' mentoring.

Perhaps worst now.

[Obie]

Yes there are change on average nearly every month.

There are some new ones coming in November, which I have not even studied yet.

It is outrageous.

No legal certainty. Hardly surprising that lawyers are getting Confused these days.


If OP was to apply under FLR (FP). He will have to start the clock again.

He will lose out on benefits he is currently entitled to, and would not qualify for ILR until 2024 as opposed to 2017 on which you are on at present.

On the evening of the 5th Nov, new applications were issued , that the government should have immediate effect from the 6th November. It is utter madness.

[mikegcorozal]

Hi to everyone.
Firstly, this forum has given me hope and some relief the more I have read.

My case is unusual, but not uncommon.

My children 8 and 18 and myself are British. We have just arrived 5 moths ago and I am still looking for a job , any job.
My wife is from Belize which is near Mexico. we all came together after selling everything we had in a rented home. We are in a hostel and partially homeless as we are waiting for help from the council. SHe is on a visitor visa with No recourse to public funds.

I have been looking into a visa for my wife and have called some solicitors as well as talking to an MP and have all said the same thing " Your wife has to go back to Belize before her visa expires."
I wanted to put in an application FLR (FP). But is this wrong or should I seek help from a solicitor even though my wife has only 1 month left??

If she has to leave we all would be devastated and be forced to go back to Belize and be homeless and with no income. Surly this is against human rights. If I stay with my 2 kids here in the UK I will be a single parent and only able to do part time.
Can anyone offer any advice please?

[maj-server]

Dear Obie / vinny,

Are you sure I should write to them and inform that I do not wish to go on FLR(FP)?

Shouldn't I send the Form FLR(FP) anyway and mention on the actual form that I am sending this form only because Home Office asked (and said if I don't send FLR(FP) my application may fall for refusal, I'm taking it as a threat..! outrageous) me to do but I do not intend to go onto FLR(FP) route because I was granted leave (in May 2013) on discretionary basis and in-line with my children leave (granted in Sep 2011) on discretionary basis, therefore transitional provision / arrangement should apply while considering our application to extend our existing discretionary leave. It's just for the safe-side, I just don't want to give them any change to make our application invalid.

In case, if they put us onto new route 10 year may be, we will be able to go for JR anyway.

What do you think, please explain in details as I need to send something tomorrow.

Best wishes,

[Obie]

I have no discomfort or unease about the views i expressed on your case.

There is absolutely no doubt in my mind that the Caseworker was clearly wrong in requiring you to fill in Form FLR(FP).

By filling FLR FP, you are facilitating the pathway, for them to issue you with FLR(FP), and then you will have no basis on which to file in a JR.

It will then be argued that you were only given what your applied for.

While at the moment, you can call the caseworker bluff, if she refused after you informed her of the law and their policy, you will get a right of appeal, which is quicker and cheaper than a JR.

[maj-server]

Dear Obie,

I am with you on the views you expressed.
However, if I get refusal, I won't be able to work, (as I am working part time at the moment) or claim any benefits and we will become overstayers. I'm a single parent and it will be very difficult for us if I loose entitlements.

Please note:
There's only one change that happened after my children were granted discretionary leave to remain in 2011. At the time they were granted leave they were living with my ex. partner and they were dependent on my ex. partner.
Now they are living with me. I have residence / contact order in my favour.

In May 2013, Home Office granted me leave to remain on discretionary basis and in-line with my children and because I have residence order. I made the application before 9 July 2012.

Do you think because of the above change of circumstances (with children living with me now) caseworker is now asking me to fill Form FLR(FP)?

Best wishes,

[prince.07]

I will advise you consult and allow professional to write the letter for you to save you from time, effort and possible wrong decision.

[Obie]

Hi to everyone.
Firstly, this forum has given me hope and some relief the more I have read.

My case is unusual, but not uncommon.

My children 8 and 18 and myself are British. We have just arrived 5 moths ago and I am still looking for a job , any job.
My wife is from Belize which is near Mexico. we all came together after selling everything we had in a rented home. We are in a hostel and partially homeless as we are waiting for help from the council. SHe is on a visitor visa with No recourse to public funds.

I have been looking into a visa for my wife and have called some solicitors as well as talking to an MP and have all said the same thing " Your wife has to go back to Belize before her visa expires."
I wanted to put in an application FLR (FP). But is this wrong or should I seek help from a solicitor even though my wife has only 1 month left??

If she has to leave we all would be devastated and be forced to go back to Belize and be homeless and with no income. Surly this is against human rights. If I stay with my 2 kids here in the UK I will be a single parent and only able to do part time.
Can anyone offer any advice please?

The person that advised you, is kind of correct. You should have applied from Belize for entry clearance before coming.

You wife cannot qualify now as she is on a visitors visa. Perhaps she may qualify after her visitors visa elapses, provided she is in the UK by then.

[Obie]

Dear Obie,

I am with you on the views you expressed.
However, if I get refusal, I won't be able to work, (as I am working part time at the moment) or claim any benefits and we will become overstayers. I'm a single parent and it will be very difficult for us if I loose entitlements.

Please note:
There's only one change that happened after my children were granted discretionary leave to remain in 2011. At the time they were granted leave they were living with my ex. partner and they were dependent on my ex. partner.
Now they are living with me. I have residence / contact order in my favour.

In May 2013, Home Office granted me leave to remain on discretionary basis and in-line with my children and because I have residence order. I made the application before 9 July 2012.

Do you think because of the above change of circumstances (with children living with me now) caseworker is now asking me to fill Form FLR(FP)?

Best wishes,

I don't share the view of the caseworker.

He/she is obviously wrong.

You need to be aware of the consequence of going for FLr (FP). You will cease from being entitled to any benefits to wish you are entitled.

You will also need to wait for 10 years to qualify.

[julian1972]

Could it be that OP was asked to complete form FLR(FP) because leave was granted after July 2012, even though application was made prior to the implementation of the new rules and decision to grant was based on the new rule and therefore not covered by the transitional protection.

Would OP not have to complete six years on DLR before qualifying for DLR? OP has only been on current DLR for a year and half.

Applications for DLR extension for leave granted prior to July 2012 is definitely FLR(O).

[Obie]

Leave was granted in line with the leave granted to the children.

The children were granted DLR. I believe she was granted DLR.

Child and mother cam apply on DLR.

[maj-server]

Hi,
like I explained it before, children were granted leave on discretionary basis in Sep 2011 and I was granted leave on discretionary basis AND in-line with children in May 2013 - yes my leave was granted after 9 July 2012 but I applied before 9 July 2012.

As per my understandings,
1) transitional arrangements should apply while considering our application for extension
2) the correct form is FLR(O) - that's what we submitted in Sep 2014, but HO asked us to submit FLR(FP).

Is there anyone who can draft me a sample letter with references to the policies and guidelines on using the Form FLR(O) / FLR(FP) and on Transitional Arrangements? including any reference of any recent case law so I can prepare my case.

Best wishes

[maj-server]

Leave was granted in line with the leave granted to the children.

The children were granted DLR. I believe she was granted DLR.

Child and mother cam apply on DLR.

Yes, my leave was granted in-line with children. It clearly says on the decision letter.

My leave was granted in May 2013 (please note...) but without recourse to public funds...
I applied to HO to remove the condition and HO removed it in 2014.

I don't know what to do now? Should I fill and send FLR(FP) or not?

Is there anyone who can draft me a sample letter with references to the policies and guidelines on using the Form FLR(O) / FLR(FP) and on Transitional Arrangements? including any reference of any recent case law so I can prepare my case.

Best wishes,

[Obie]

Does your leave say discretionary leave or not?

What was stated in the letter accompanying your leave?

[maj-server]

Does your leave say discretionary leave or not?

What was stated in the letter accompanying your leave?

Letter says "it has therefore been decided to grant you leave on discretionary basis in line with your children"

thanks

[Obie]

That is the nail on the coffin.