FLR (LR) application considered as a human rights basis

Hi everyone,
I have been following this board for a while and expect someone would be able to help me clear my confusion.

I have applied for a ILR set lr application and got a reply from the home office saying that my case is to be considered as a human rights basis. After that i received another letter from the home office with the instruction to report at the Becket house reporting centre every alternative weeek.

My application background:

Been student for the past 9 years without any gap and in time application, which ended on 28/06/14
At the end of my last student visa applied for an entrepreneur visa which got rejected and i appealed.
The appeal right excercised on 22/07/2014. (in time)
Appeal right exhausted on 30/03/15.

within this time my 10 years were completed and on exhaustion of my appeal right i put in an ilr(lr) application as i did not have any form of ID to give my LIUK test and my passport being with the home office. I tried asking the home office to return my passport for this but never got any response from them.

The HO says that my application does not cover the 28 day grace period for the in time application as it was recieved on the 15/04/15 which is not within the 28 days of the expiry of my last period of leave (28/06/14)

According to my knowledge my 28 day period starts after my 3c/d leave finished that is on the exhaustion of my appeal right. (please correct me if i am wrong)

Also if anyone has any idea if this case has gone to the human rights how is this case handled and how long do u think it will take?

Your responses would be highly appreciated.

Thank you in advance!

That is completely rubbish and will not stand judicial scrutiny. The 28 days commence from the end of any leave, which could be a Section 3C leave, although i believe you made the wrong application, as it is FLR(LR) that you should have made rather than SET(LR), as you had not passed your KOLL or B2.

If you do not have a right of appeal, i believe you should consider JR.

Obie wrote:That is completely rubbish and will not stand judicial scrutiny. The 28 days commence from the end of any leave, which could be a Section 3C leave, although i believe you made the wrong application, as it is FLR(LR) that you should have made rather than SET(LR), as you had not passed your KOLL or B2.

If you do not have a right of appeal, i believe you should consider JR.

Thank you for your quick response Obie!!
My mistake i did apply for FLR(LR). At the moment according to my understanding the HO have passed my case to the Human rights as they said the case is to be considered on a Human rights basis. After that i have just been waiting and reporting to the reporting centre. Is there any action i can take rather than just wait?

I dont even understand why do i need to report as i am not an asylum seeker. My record has been very clean and my application was very straight forward too.

I think the reporting is wrong too as you have section 3C rights.

Obie wrote:I think the reporting is wrong too as you have section 3C rights.

What do you suggest i should do?

My solicitor says that i have no other way but to wait. and i dont know how long this wait is going to be. I am from Nepal and the situation back home is not very good and i am very desperate to go and visit my parents!

It seems to me that the solicitor seems to be the problem rather than the solution.

Firstly he made the wrong application, now they have made a decision which is adverse to you, and which should never had been made , and he is telling you to sit and do nothing.

It is unbelievable

Any suggestions as to what to do??

Infofreak wrote:Any suggestions as to what to do??

Is your flr lr still pending? if yes than wait.

otherwise if refused and you do not have a right of appeal, i believe you should consider JR.

Zee ali wrote:

Infofreak wrote:Any suggestions as to what to do??

Is your flr lr still pending? if yes than wait.

otherwise if refused and you do not have a right of appeal, i believe you should consider JR.

I am confused as to what the status is at the moment. The letter just says that my application was not received within the 28 days grace period (where they did not consider my 3C/D leave) and is therefore to be considered on a human rights basis.

If i do have to wait then how long do u think should i wait until?

The letter is wrong as I mentioned and I don't think your should wait contrary to the other views expressed.

Your application should be considered under private and family life , and you have not overstayed . You application should be considered under 276.

The letter and reporting is all flawed .

Obie wrote:The letter is wrong as I mentioned and I don't think your should wait contrary to the other views expressed.

Your application should be considered under private and family life , and you have not overstayed . You application should be considered under 276.

The letter and reporting is all flawed .

I do agree with you but who should i contact now and how do i proceed this without waiting?? I am really confused regarding this! Please enlighten me!

I strongly believe they are seeking to refuse.

They are seeking to consider your matter under the 20 years private life and then refuse.

I believe this is unacceptable for the reasons I mentioned in my earlier post and your solicitor should address it.

They appear to be testing the waters by being bold enough to say the 28 days started from the expiry of your last leave, which is rubbish.

They are testing the resolve of your solicitor.

I am still confused as to what to do!

Infofreak wrote:I am still confused as to what to do!

Speak to your solicitor.

I am not sure there is more that can be added to what I advised.


It's either your solicitor follows the right procedure or he doesn't . It's as simple as that.

Speak to your solicitor.

I am not sure there is more that can be added to what I advised.


It's either your solicitor follows the right procedure or he doesn't . It's as simple as that.[/quote]

Thank you Obie, really appreciate your quick responses.
My solicitor just suggests to wait and says that there is nothing more we can do but to wait.