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FLR (fp) as parent of British Child

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umaima14
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FLR (fp) as parent of British Child

Post by umaima14 » Sat Nov 12, 2016 12:29 am

Dear members,

I came in UK 2010 as student dependent and extended my visas accordingly. last visa as student dependent was granted in June 2015 expiring Jan 2017. My husband change his status from student visa to ILR in April 2016, but I did not change my visa to FLR(M) because my husband was studying in university and not meeting financial requirement. I have two British child born 2011 & 2014 studying in school.

Now I am applying as a Parent of British child same day application as my husband still not fulfill financial requirement. one of my son has medical condition which is under investigation since 2013 and he is studying in school .I am going to attach all the documents (Medical and School).

My question is how much chances i have to get visa on same day appointment? and is there any more evidences do i need to take with me on the day of appointment.

Please replay as i am going to home office next week Thursday.

Thanks

vinny
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Re: FLR (fp) as parent of British Child

Post by vinny » Sat Nov 12, 2016 12:48 am

Unfortunately, I think they may refuse your application as a parent of a child, if LTRPT.2.3 fails.
E-LTRPT.2.3 wrote:Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK);or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: FLR (fp) as parent of British Child

Post by vinny » Sat Nov 12, 2016 12:57 am

You may be eligible to satisfy the requirements as a partner?
E-LTRP.3.1 wrote:(c) the requirements in paragraph E-LTRP.3.3.being met, unless paragraph EX.1. applies.
Where
EX.1. wrote:This paragraph applies if

(a)
(i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
(ii) taking into account their best interests as a primary consideration,it would not be reasonable to expect the child to leave the UK; or

(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.

EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kamsi
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Re: FLR (fp) as parent of British Child

Post by kamsi » Sat Nov 12, 2016 7:18 am

Hi vinny, if the Home Office were to refuse an FLR (FP) application that involves a British child but gives right to appeal, am I correct in saying that the appeal is likely to be allowed because of established case laws - ZH (Tanzania)?

Dorkey
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Re: FLR (fp) as parent of British Child

Post by Dorkey » Sat Nov 12, 2016 9:58 am

I guess what Vinny is saying is that you can apply for FLR FP partner route 10year route as you are not a single parent. I would also advise you include all documents regarding your children and husband. With regards to successful application no one is able to advise.

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Casa
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Re: FLR (fp) as parent of British Child

Post by Casa » Sat Nov 12, 2016 10:12 am

From the December 1st, appeals will be held outside of the UK.

Vinny is correct that as you are not living separately from your child's father, an application under FLR(FP) parent route would be refused.

You may qualify for FLR(FP) partner route.

It would be prudent to apply by post as a complex application won't be decided at the PSC.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

umaima14
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Re: FLR (fp) as parent of British Child

Post by umaima14 » Sat Nov 12, 2016 12:27 pm

Thank you for your advise. I have another question if they refuse my FLR (FP) parent route or partner route (same day appointment) will they cancel my current leave which is valid till 30 Jan 2017? If not can i travel and follow my appeal from abroad? Please advice. thanks

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Casa
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Re: FLR (fp) as parent of British Child

Post by Casa » Sat Nov 12, 2016 12:44 pm

You will retain your current leave until the visa expiry date.

The reason I've advised against applying in person is due to fact that the PSC Case Workers simply don't have the level of authority to make a decision on an application that is complex. It will either be refused on the day or at best it will be passed to a senior Case Worker to asses and will join the postal queue for the premium fee.

Note the UKVI guidance: 7. When you can't use the service

includes:
someone whose case is complex because of personal circumstances
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Dorkey
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Re: FLR (fp) as parent of British Child

Post by Dorkey » Sat Nov 12, 2016 1:31 pm

umaima14 wrote:Thank you for your advise. I have another question if they refuse my FLR (FP) parent route or partner route (same day appointment) will they cancel my current leave which is valid till 30 Jan 2017? If not can i travel and follow my appeal from abroad? Please advice. thanks
If your visa is expiring on the 30th of January why are you applying in November which is more than 28days before your current visa expires. Vinny and Casa, please correct me if I am wrong in thinking she is supposed to reapply from the 2nd of January.

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CR001
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Re: FLR (fp) as parent of British Child

Post by CR001 » Sun Nov 13, 2016 4:14 pm

Dorkey wrote:
umaima14 wrote:Thank you for your advise. I have another question if they refuse my FLR (FP) parent route or partner route (same day appointment) will they cancel my current leave which is valid till 30 Jan 2017? If not can i travel and follow my appeal from abroad? Please advice. thanks
If your visa is expiring on the 30th of January why are you applying in November which is more than 28days before your current visa expires. Vinny and Casa, please correct me if I am wrong in thinking she is supposed to reapply from the 2nd of January.
She can apply now if she wishes to. Migrants are advised to apply 28 days before visa expiry but it is not law to do so.
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Dorkey
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Re: FLR (fp) as parent of British Child

Post by Dorkey » Sun Nov 13, 2016 9:02 pm

CR001 wrote:
Dorkey wrote:
umaima14 wrote:Thank you for your advise. I have another question if they refuse my FLR (FP) parent route or partner route (same day appointment) will they cancel my current leave which is valid till 30 Jan 2017? If not can i travel and follow my appeal from abroad? Please advice. thanks
If your visa is expiring on the 30th of January why are you applying in November which is more than 28days before your current visa expires. Vinny and Casa, please correct me if I am wrong in thinking she is supposed to reapply from the 2nd of January.
She can apply now if she wishes to. Migrants are advised to apply 28 days before visa expiry but it is not law to do so.
Thanks for the correction, now I know

umaima14
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Re: FLR (fp) as parent of British Child

Post by umaima14 » Wed Nov 30, 2016 11:30 am

Dear members,
I am going this Saturday same day service for FLR(FP) parent route, I need some advice. on the application form section 8 ask private life do i have to fill the section although i am applying as family life as parent of British child? also section 1 ask about partner, do i have to fill that section or not? Please replay your answers will be appreciated.

thanks

KatieWills
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Re: FLR (fp) as parent of British Child

Post by KatieWills » Wed Nov 30, 2016 1:27 pm

Sorry, I have to ask why you are applying for a visa that you have been advised you don't meet the criteria for?
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umaima14
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Re: FLR (fp) as parent of British Child

Post by umaima14 » Thu Dec 01, 2016 7:50 pm

I have been told by many solicitors If i will apply under partner route my application will refuse. Therefor I am applying under parent route. I will also mention on my application about my partner why I am not applying under partner route. Due to my children circumstances i been told parent is the best option. I am very confused as i have only one day left for my appointment. My solicitor fill the application and prepare letter for home office explaining my circumstances since I came in UK.

Please advice me I will really appreciate. Thanks

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Casa
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Re: FLR (fp) as parent of British Child

Post by Casa » Thu Dec 01, 2016 8:20 pm

We've given you the advice that you don't qualify under the parent route as you are living with your children's father.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: FLR (fp) as parent of British Child

Post by Casa » Thu Dec 01, 2016 8:23 pm

vinny wrote:Unfortunately, I think they may refuse your application as a parent of a child, if LTRPT.2.3 fails.
E-LTRPT.2.3 wrote:Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK);or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.
The parent route will fail under the above section of the Immigration Rules. I suggest you show this to the solicitor who is completing the application form on your behalf. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

umaima14
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Re: FLR (fp) as parent of British Child

Post by umaima14 » Sat Dec 03, 2016 10:01 pm

Thank you so much Casa for your advice. Today I got visa based on family and private life under partner route. Thank you for providing excellent advice.

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Casa
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Re: FLR (fp) as parent of British Child

Post by Casa » Sat Dec 03, 2016 10:03 pm

I'm really pleased it all worked out well for you. Thanks for updating us.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Zgohar200
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Re: FLR (fp) as parent of British Child

Post by Zgohar200 » Fri Jan 13, 2017 1:43 am

Hi Can anybody plz help me
I came to UK in september 2014 as a student and my visa expired on january 2016
I was in a relationship which ended in december 2015. i have a 3 months old baby who is british national (born in september 2016).
Now i have applied FLR (FP) 10 years parent route and private life as I am sole responsible for the upbringing of my baby
What are the chances of getting a leave to remain in this situation?

vinny
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Re: FLR (fp) as parent of British Child

Post by vinny » Fri Jan 13, 2017 2:00 am

Zgohar200:
Please continue in previous thread.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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