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

Ditima98 · Post by **Ditima98** » Thu Aug 06, 2015 5:45 am

#tajammul77
How is the case going? Heard from HO yet?

#d3thmark
hello, how is it going? Please kindly up date us on your case. Have you also consulted your Solicitor to get his views especially after Obie had highlighted the following points below-I quote;
_______________________________________________________
Re: FLR (FP) been refused with no Appeal right & leave UK no
by Obie » Mon Jul 27, 2015 12:38 am
‘’ 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.’’
Obie
________________________________________________________________

Thanks

d3thmark · Post by **d3thmark** » Mon Aug 10, 2015 3:00 am

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...

jupiter2016 · Post by **jupiter2016** » Tue Sep 29, 2015 10:16 am

At last I find correct thread... Flr fp applied in March before last visa expired. Got decision on 9 th sept without in country right of appeal . Sent a PAP but negative within 10 days. And got a IS96 as well . Very scary situation for us. U.K. Born child will be 7 years old at the end of October .Child was out of UK for about 15 months at the age of year 1 and year 2 . 2 breaks. 9+6 months. Now less than 5 months need to complete 10 years. Planning to submit JR in this week. So. Dear friends , advice us what are the outcome will be. ? Moderators, active members, and Diamond members. Please advise me what else could be done? Thanks in advance. Already posted at two different threads but haven't got any reply from this GREAT FOROUM.

rajmeets20 · Post by **rajmeets20** » Thu Oct 01, 2015 12:55 pm

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

jupiter2016 · Post by **jupiter2016** » Sun Oct 04, 2015 12:30 pm

@rajmeet , thanks for reply. Want to know that how long JR process takes . And if there is a joy , if they allow in country right of appeal at that point , will it be clock starts again to complete 10 years legal stay? And right to work as well? I needed only 5 months at that time when HO refused FLR-FP. Any lights by Gurus? Thanks in advance.

jupiter2016 · Post by **jupiter2016** » Thu Oct 15, 2015 9:46 pm

Hi friends, Has anyone came across situation like me? Please I need more suggestions and possible outcome. Thanks a lot in advance. History as follows: 'At last
. Flr fp applied in March before last visa expired. Got decision on 9 th sept without in country right of appeal . Sent a PAP but negative within 10 days. And got a IS96 as well . Very scary situation for us. U.K. Born child will be 7 years old at the end of October .Child was out of UK for about 15 months at the age of year 1 and year 2 . 2 breaks. 9+6 months. Now less than 5 months need to complete 10 years. Planning to submit JR in this week. So. Dear friends , advice us what are the outcome will be. ? Moderators, active members, and Diamond members. Please advise me what else could be done? Thanks in advance. Already posted at two different threads but haven't got any reply from this GREAT FOROUM.

Post by **noajthan** » Thu Oct 15, 2015 10:10 pm

Casa wrote:Moderators don't necessarily have more knowledge than other members...I certainly don't.

This speaks volumes for your sagacity & experience Casa.

jupiter2016 · Post by **jupiter2016** » Tue Oct 20, 2015 12:11 am

Hi to all, is there any one wants to share their views or experiences with such type of refusal? Please , kindly suggest me.

haris_zam · Post by **haris_zam** » Tue Oct 20, 2015 12:56 pm

please update me about your situation ..
what did u do d3th....??

i want to pass 3 months and a week as well....
i posted on a new thread apparently no one is replying, well not ao far...

jupiter2016 · Post by **jupiter2016** » Tue Oct 20, 2015 2:14 pm

Any syggestions, please.

knucks · Post by **knucks** » Mon Oct 26, 2015 12:09 am

Hello everyone,

I am new to this and hoping if someone can reply to my query.

Can someone please confirm if the HO gives right of appeal on FLR FP application after 06-Apr-2015 ?
I have come across some cases where some applicants get the right of appeal and some dont. Does it vary from caseworker to caseworker or do they follow a set criteria ?

Please enlighten me, thanks.

Zee ali · Post by **Zee ali** » Tue Oct 27, 2015 2:55 am

knucks wrote:Hello everyone,

I am new to this and hoping if someone can reply to my query.

Can someone please confirm if the HO gives right of appeal on FLR FP application after 06-Apr-2015 ?
I have come across some cases where some applicants get the right of appeal and some dont. Does it vary from caseworker to caseworker or do they follow a set criteria ?

Please enlighten me, thanks.

Now a days right of appeal is given if HO certified your human right claim. In other words if u have strong case and even though HO refuse u they will give u appeal right.

If your case has no basis than no in country appeal right.

Aslans · Post by **Aslans** » Thu Oct 29, 2015 12:03 am

#d3thmark
hello, whats ur update regarding ILR & gap?

#tajammul77
How is the case going? Heard from HO yet?

jupiter2016 · Post by **jupiter2016** » Tue Nov 03, 2015 2:18 pm

Change of circumstances during JR in process... Need your valuable suggestions.. JR submitted last week of September . Since then Now UK born elder child is turn 7 now and we have another uk born child ( 2 weeks old). Does it make any differences in my JR process. Can we submitted these changes to HO ? Or To UTT? Please I need your suggestions .

jupiter2016 · Post by **jupiter2016** » Wed Nov 04, 2015 4:10 pm

Dear GURUS, Moderators and friends I really need your valuable suggestions & Ideas. Has anyone come across situation like me? Please advise.

avjones · Post by **avjones** » Sun Nov 29, 2015 12:41 pm

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!

effy · Post by **effy** » Thu Feb 04, 2016 11:33 pm

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

uhtred · Post by **uhtred** » Wed Feb 10, 2016 5:28 am

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.

avjones · Post by **avjones** » Wed Feb 10, 2016 5:32 am

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.

haris_zam · Post by **haris_zam** » Wed Feb 10, 2016 11:52 pm

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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 .

avjones · Post by **avjones** » Thu Feb 11, 2016 11:02 am

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

knucks · Post by **knucks** » Thu Feb 11, 2016 11:47 am

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.

uhtred · Post by **uhtred** » Thu Feb 11, 2016 11:57 pm

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

MyGodisable · Post by **MyGodisable** » Fri Feb 12, 2016 10:45 am

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!

avjones · Post by **avjones** » Fri Feb 12, 2016 11:49 am

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.

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