FLR M Refused/ Overstayed

Not sure if anyone else has been through this. It has been a long on going battle with the HO in regards to immigration application well over 13yrs.

Current issue is that,I am married to British citizen, applied for IRL under FLR M this was refused on in OCT2009 with no right of appeal. Solicitor wrote back requesting either right of appeal or reconsider the application. Got a letter with 7days and that was refused, solicitor wrote back again with a leading precedent case and asked for appeal or reconsideration.

That letter was sent in NOV09 and we didnt hear anything. I approached my Local MP who was not helpful at all. Just wrote to HO on our behalf and requested the current position!!!!

Received a reply saying application awaiting RECONSIDERATION!!! BUT CANT SAY HOW LONG IT WILL TAKE!!!

Since the last letter was sent it is 71working days today and no response, I wonder if anyone has experienced this kind of issue and how long it took for HO to reply on reconsideration cases????

OUR LIVES ARE ON HOLD AND NEED A DECISION DESPERATELY.

need more details such as your immigration Status when you entered the UK
your ages
the exact wording of the refusal

very strange as you have no right of appeal!

Hi

mochyn wrote:need more details such as your immigration Status when you entered the UK
your ages
the exact wording of the refusal

very strange as you have no right of appeal!

Not strange...Over stayer have no right of appeal unless hom office issue deportation order then they have right of appeal.

Home office know if they give them right of appeal they would win on artcile8 of human right..Also home office has stopped issing deportaion orders otherwise they have to give right of appeal.

Very tricky

UK_Banned_Member

Came here at the age of 13yrs. Its been an ongoing issue. Came as a child, grew up, with string of application issues due to solicitors not doing their job properly. Ist applicatin was refused when I was just 14 but my solicitor at the time did not advise us that there was an appeal outstanding and that appeal did not go to courts till 6yrs later.
Then the judge had decided that I can just leave everything I have here and return to country of origin.

The amazing thing is some1 I knw who was an overstayer came here as an adult, they applied under FLR M and their application was granted!!!! I AM SHOCKED AT HOW THE HOME OFFICE WORK, THERE IS NO CONSISTANCY.

ANYONE WITH SIMILAR CIRCUMSTANCES!!!I JUST WISH TO KNOW HOW LONG HO WILL TAKE IN RECONSIDERING THE APPLICATION!!!!!

Hi yep we are in the same situation, we applied for flrm in November, in December we ahd an appointments to have biometrics taken, and then last week we had our app returned as refused with no right of appeal, we have till 9 march!!! we have instructed immigration advisor who is meant to be dealing with it, but we are scared as to what is going to happen next, we have a 5month old baby!

Hi

Munkey wrote:Came here at the age of 13yrs. Its been an ongoing issue. Came as a child, grew up, with string of application issues due to solicitors not doing their job properly. Ist applicatin was refused when I was just 14 but my solicitor at the time did not advise us that there was an appeal outstanding and that appeal did not go to courts till 6yrs later.
Then the judge had decided that I can just leave everything I have here and return to country of origin.

The amazing thing is some1 I knw who was an overstayer came here as an adult, they applied under FLR M and their application was granted!!!! I AM SHOCKED AT HOW THE HOME OFFICE WORK, THERE IS NO CONSISTANCY.

ANYONE WITH SIMILAR CIRCUMSTANCES!!!I JUST WISH TO KNOW HOW LONG HO WILL TAKE IN RECONSIDERING THE APPLICATION!!!!!

I would really sympathy with your situation..But I am not optimist about reconsideration...

I wish you best luck and advise be careful as you can expect home office raid on your house and deport you.As legally you have no right to live in Uk.

UK_Banned_Member

Munkey wrote:Not sure if anyone else has been through this. It has been a long on going battle with the HO in regards to immigration application well over 13yrs.

Current issue is that,I am married to British citizen, applied for IRL under FLR M this was refused on in OCT2009 with no right of appeal. Solicitor wrote back requesting either right of appeal or reconsider the application. Got a letter with 7days and that was refused, solicitor wrote back again with a leading precedent case and asked for appeal or reconsideration.

That letter was sent in NOV09 and we didnt hear anything. I approached my Local MP who was not helpful at all. Just wrote to HO on our behalf and requested the current position!!!!

Received a reply saying application awaiting RECONSIDERATION!!! BUT CANT SAY HOW LONG IT WILL TAKE!!!

Since the last letter was sent it is 71working days today and no response, I wonder if anyone has experienced this kind of issue and how long it took for HO to reply on reconsideration cases????

OUR LIVES ARE ON HOLD AND NEED A DECISION DESPERATELY.

Munkey

Do you have any kids?

Otheriwse home office can say your partner can relocate to your country and you can live there so no breach of artcile8.Very simple for them Is it?

I belive you should have made artcile8 application on human right and should have applied for DL.

UK_Banned_Member

Hi

meltracey wrote:Hi yep we are in the same situation, we applied for flrm in November, in December we ahd an appointments to have biometrics taken, and then last week we had our app returned as refused with no right of appeal, we have till 9 march!!! we have instructed immigration advisor who is meant to be dealing with it, but we are scared as to what is going to happen next, we have a 5month old baby!

I belive you should have applied on Chikwamba case law on artcile8 of human rights...Why home office has refused you..

Would you write exact wordings?

UK_Banned_Member

Hi immigrationuk2009

No we havent got any kids. The home did write back and say that my husband can relocate with me in their refusal they also said that I can go back and get visitors visa and come see my husband which is absurd. My in-laws are disabled they soley rely on me and my husband to take care of them. The ho have wrote back that my reconsideration is being looked at they will not do anything to remove me. so thats a peace of mind. But all these years I have been here I have never hid from them, I have paid my taxes, not hidden my whereabouts.

It is just frustrating that other people seem to be getting their stay and here I am who has been stuck in this for 13 yrs its ridiculous.

Why do you say that I shouldnt be optimistic about them reconsidering my application???Have you been in similar situation or know of any cases please do let me know, and how long they likely to take for them to decide?

Hi Meltracey,
really sorry to hear about your refusal. Why did they refuse your application and give you no right of appeal??

sounds like you need to change solicitors first. Once the refusal came through you have a set period of time (i think 90 days) in which to file a request for a Judicial Review which is the only way out (unless you request an appeal on human rights grounds). If you have exceeded that time period I would get a specialist solicitor. pm me if you want a recommendation.

Munkey wrote:Hi immigrationuk2009

No we havent got any kids. The home did write back and say that my husband can relocate with me in their refusal they also said that I can go back and get visitors visa and come see my husband which is absurd. My in-laws are disabled they soley rely on me and my husband to take care of them. The ho have wrote back that my reconsideration is being looked at they will not do anything to remove me. so thats a peace of mind. But all these years I have been here I have never hid from them, I have paid my taxes, not hidden my whereabouts.

It is just frustrating that other people seem to be getting their stay and here I am who has been stuck in this for 13 yrs its ridiculous.

Why do you say that I shouldnt be optimistic about them reconsidering my application???Have you been in similar situation or know of any cases please do let me know, and how long they likely to take for them to decide?

Hi Meltracey,
really sorry to hear about your refusal. Why did they refuse your application and give you no right of appeal??

Hi Munky

I have a very good point

Do you comes under 14 years long residence rule(14 years in uk as overstayer)...I belive Yes

If you have been in UK for last 14 years then you can apply for ILR on long residency rule and you have good chance.You said you lived in Uk for 13 years.

So one more idea would be to wait one more year and then apply for ILR on this rule.

Did you solicitor discussed this thing would you or not.

Hi [b]immigrationuk2009[/b]

My solicitor did advise me of the 14yr rule but the issue is that I am now married got alot of responsibilities and what have you, and currently not even able to work. So for me to wait another year would be impossible. It is so frustrating. Its a tough situation and just need to get it resolved and waiting is not an option I have.

Hi

Munkey wrote:Hi immigrationuk2009

My solicitor did advise me of the 14yr rule but the issue is that I am now married got alot of responsibilities and what have you, and currently not even able to work. So for me to wait another year would be impossible. It is so frustrating. Its a tough situation and just need to get it resolved and waiting is not an option I have.

I belive you took a completely wrong route knowing your overstay..

So week what is result...So I would advise wait for one year and apply on 14 years rule with your marriage you have a ood chance.Now you can make an artcile8 of human right application to give you some time to live in UK...

Best Luck


UK_Banned_Member