FLR LR - gap more than 180 days & other complications

JagrutiParmar · Post by **JagrutiParmar** » Wed Jun 19, 2019 1:39 pm

Hi everyone.

My husband's case is really complicated.
He first came to uk on 8 sep 2007

Chapter 1

7-sep-2007 to 16-jul-2009 : tier 4 Visa
7 July 2009: new tier 4 application
19 Oct 2009 : application rejected and he appealed
12 Nov 2010 appeal allowed ( leave granted from 27th Jan 2011 to 27 april 2011)

He left uk on 05 april 2010 after logging appeal as his grand mother was very serious. His appeal was not heard yet when he left and didn't know his appeal was allowed as he was in india. His grand mother died on 2 june 2010 and his grand father also died on 29 july 2010. He was in depression due to two death in family in very short time. He was under medical treatment and was advised not to travel.

Chapter 2
Re entered uk on 6th april 2011.(1 year gap)
He had seveal valid leaves until 28 January 2015.
27th January 2015 - applied for tier 2 dependent
17th march 2015 - application refused and appealed against it.
8 july 2016 - appeal rights exhausted
4 Aug 2016 - applied for FlR lR (as he had valid I'd for life in uk & English test.)
27 feb 2018 - FLR FP refused no in county rights of appeal
14 March 2018 - PAP submit
(HO reconsidered application and rejected again)
7 feb 2019: refused again with in county right of appeal
ORAL HEARING ON 3 JUNE 2019

The Flr fp was rejected with only reason that he was out of country for more than 180 days. But he had compassionate and compelling circumstances. He has death certificates of both grandparents and medical records showing his depression treatment.

Please help me with your views.. what are the chances of him getting visa?

Thank you so much

JagrutiParmar · Post by **JagrutiParmar** » Wed Jun 19, 2019 8:46 pm

JagrutiParmar wrote: ↑
Wed Jun 19, 2019 1:39 pm
Hi everyone.

My husband's case is really complicated.
He first came to uk on 8 sep 2007

Chapter 1

7-sep-2007 to 16-jul-2009 : tier 4 Visa
7 July 2009: new tier 4 application
19 Oct 2009 : application rejected and he appealed
12 Nov 2010 appeal allowed ( leave granted from 27th Jan 2011 to 27 april 2011)

He left uk on 05 april 2010 after logging appeal as his grand mother was very serious. His appeal was not heard yet when he left and didn't know his appeal was allowed as he was in india. His grand mother died on 2 june 2010 and his grand father also died on 29 july 2010. He was in depression due to two death in family in very short time. He was under medical treatment and was advised not to travel.

Chapter 2
Re entered uk on 6th april 2011.(1 year gap)
He had seveal valid leaves until 28 January 2015.
27th January 2015 - applied for tier 2 dependent
17th march 2015 - application refused and appealed against it.
8 july 2016 - appeal rights exhausted
4 Aug 2016 - applied for FlR lR (as he had valid I'd for life in uk & English test.)
27 feb 2018 - FLR FP refused no in county rights of appeal
14 March 2018 - PAP submit
(HO reconsidered application and rejected again)
7 feb 2019: refused again with in county right of appeal
ORAL HEARING ON 3 JUNE 2019

The Flr fp was rejected with only reason that he was out of country for more than 180 days. But he had compassionate and compelling circumstances. He has death certificates of both grandparents and medical records showing his depression treatment.

Please help me with your views.. what are the chances of him getting visa?

Thank you so much

JagrutiParmar · Post by **JagrutiParmar** » Wed Jun 19, 2019 8:52 pm

Hi everyone.

My husband's case is really complicated.
He first came to uk on 8 sep 2007

Chapter 1

7-sep-2007 to 16-jul-2009 : tier 4 Visa
7 July 2009: new tier 4 application
19 Oct 2009 : application rejected and he appealed
12 Nov 2010 appeal allowed ( leave granted from 27th Jan 2011 to 27 april 2011)

He left uk on 05 april 2010 after logging appeal as his grand mother was very serious. His appeal was not heard yet when he left and didn't know his appeal was allowed as he was in india. His grand mother died on 2 june 2010 and his grand father also died on 29 july 2010. He was in depression due to two death in family in very short time. He was under medical treatment and was advised not to travel.

Chapter 2
Re entered uk on 6th april 2011.(1 year gap)
He had seveal valid leaves until 28 January 2015.
27th January 2015 - applied for tier 2 dependent
17th march 2015 - application refused and appealed against it.
8 july 2016 - appeal rights exhausted
4 Aug 2016 - applied for FlR lR (as he had valid I'd for life in uk & English test.)
27 feb 2018 - FLR FP refused no in county rights of appeal
14 March 2018 - PAP submit
(HO reconsidered application and rejected again)
7 feb 2019: refused again with in county right of appeal
ORAL HEARING ON 3 JUNE 2019

The Flr fp was rejected with only reason that he was out of country for more than 180 days. But he had compassionate and compelling circumstances. He has death certificates of both grandparents and medical records showing his depression treatment.

Please help me with your views.. what are the chances of him getting visa?

Thank you so much

JagrutiParmar · Post by **JagrutiParmar** » Thu Jun 20, 2019 8:00 am

Can someone give me experts advice please?

CR001 · Post by **CR001** » Thu Jun 20, 2019 8:03 am

What is your UK immigration status?

He has been an overstayer since appeal rights exhausted in July 2016.

JagrutiParmar · Post by **JagrutiParmar** » Thu Jun 20, 2019 8:11 am

I've made an application within 28 days of appeal rights exhausted. So I was waiting for FLR LR application result since then.

CR001 · Post by **CR001** » Thu Jun 20, 2019 8:15 am

JagrutiParmar wrote: ↑
Thu Jun 20, 2019 8:11 am
I've made an application within 28 days of appeal rights exhausted. So I was waiting for FLR LR application result since then.

Still an overstayer since then. You are also not waiting for a result. You have been refused twice.

CR001 wrote: ↑
Thu Jun 20, 2019 8:03 am
What is your UK immigration status?

JagrutiParmar · Post by **JagrutiParmar** » Thu Jun 20, 2019 8:20 am

Thank you for your reply

The refusal letter says that my husband' "meets the requirements of paragraph 276B(v) as the date of your application you had not remained in breach of the immigration laws for more than 28 day".

The main reason they reject is more than 180 days of gap. Also they consider his application for Flr -fp and said no base for family or private life.

CR001 · Post by **CR001** » Thu Jun 20, 2019 8:22 am

Third time asking perhaps you will answer!!

CR001 wrote: ↑
Thu Jun 20, 2019 8:15 am

CR001 wrote: ↑
Thu Jun 20, 2019 8:03 am
What is your UK immigration status?

JagrutiParmar · Post by **JagrutiParmar** » Thu Jun 20, 2019 8:27 am

Sorry I have no status at the moment as my application was refused.
Just waiting for appeal hearing.

CR001 · Post by **CR001** » Thu Jun 20, 2019 8:29 am

Are you the 'husband' or the 'wife' asking questions???

by JagrutiParmar » Wed Jun 19, 2019 8:52 pm

Hi everyone.

My husband's case is really complicated.
He first came to uk on 8 sep 2007

JagrutiParmar · Post by **JagrutiParmar** » Thu Jun 20, 2019 8:31 am

I'm wife asking questions on behalf of husband.
Thank you

CR001 · Post by **CR001** » Thu Jun 20, 2019 8:32 am

So what is your UK immigration history then??

JagrutiParmar · Post by **JagrutiParmar** » Thu Jun 20, 2019 8:35 am

After 2016 appeal rights exhausted I made FLR FP application which was rejected and now I've submitted the fresh claim and waiting decision. As I've a 2 years old stateless daughter and husband's appeal is pending.
Thank you

CR001 · Post by **CR001** » Thu Jun 20, 2019 8:43 am

Can you list your FULL immigration history if you expect any help from strangers on an internet forum??

27th January 2015 - applied for tier 2 dependent
17th march 2015 - application refused and appealed against it.

Presumably you must have held a tier 2 general visa at some point if your husband applied for a tier 2 dependent visa??? Why was this dependent visa refused??

Note that your husband does not and will not qualify for ILR based on long residence if that is what the aim is.

JagrutiParmar · Post by **JagrutiParmar** » Thu Jun 20, 2019 8:55 am

Thank you for your reply...
I really only wanted to know my husband's chances of getting positive result on the basis of long term residence. On the basis of compassionate and compelling circumstances.

My solicitor told me that there are chances that he may get 30 months discretionary leave.

Thank you

CR001 · Post by **CR001** » Thu Jun 20, 2019 8:59 am

Yes, he might get 30 months leave to remain but there is no guarantee and if he does he will then be on a 10 year route to ILR and will need 4 x 2.5 year visas before applying for ILR.

JagrutiParmar · Post by **JagrutiParmar** » Thu Jun 20, 2019 9:28 am

Thank you for your time...

JagrutiParmar · Post by **JagrutiParmar** » Tue Jul 09, 2019 11:59 am

So unfortunately First tribunal jidge dismissed my husband's appeal.

The barrister ask to consider the application outside immigration rules. Also we attached our daughter's stateless application aswell. ( she is 2 year old and stateless) we are indian national.
In the letter the Judge mainly said about

1) our daughter being stateless.

The judge claims that we are keeping our daughter stateless on purpose to take advantage out of it. But it is not the truth. We tried at Indian High commission but were denied because our passport with Home office and ae don't have valid visa.) Also my passport is expired in home office .
The judge is asking for proof of trying to register her bit Indian high commission would not provide any such letters. Judge put wrong allegation on us but we cant prove. We can just put MK vs sshd decision in front of him.

2) making several application to extend the says.

We just made one application which is this one (Flr lr). Not several applications. Judge is wrong on this aswell.

So we are going to apply for permission to appeal in Upper tribunal .

What should we expect now?!

JagrutiParmar · Post by **JagrutiParmar** » Tue Jul 09, 2019 1:34 pm

Hi..
Can an expert please advice us? We are in Really stressful time.
Thank you

CR001 · Post by **CR001** » Tue Jul 09, 2019 1:39 pm

JagrutiParmar wrote: ↑
Tue Jul 09, 2019 11:59 am
2) making several application to extend the says.

We just made one application which is this one (Flr lr). Not several applications. Judge is wrong on this aswell.

The judge is referring to all the applications made trying to remain in the UK since 2015.

27th January 2015 - applied for tier 2 dependent
17th march 2015 - application refused and appealed against it.
8 july 2016 - appeal rights exhausted
4 Aug 2016 - applied for FlR lR (as he had valid I'd for life in uk & English test.)
27 feb 2018 - FLR FP refused no in county rights of appeal
14 March 2018 - PAP submit
(HO reconsidered application and rejected again)
7 feb 2019: refused again with in county right of appeal

JagrutiParmar · Post by **JagrutiParmar** » Tue Jul 09, 2019 2:01 pm

Thank you so much for your reply...

In tier 2 application after 2015 was made by me he was the dependent. That was genuine application. It was rejected because of the CoS issue. The only primary application he made was flr lr because he needed the passport to give life in uk and English test.

Also stateless child allegation??!!
Based on the first tier tribunal Can we challenge the decision in upper tribunal for out of immigration law consideration? As he as spent 12 years in uk staying within the system.
Say Discretionary leave for 2.5 years?

What are the chance of positive reply? If we do not get permission what steps can we take to legalise our stay in uk? I mean get any visa?

I really appreciate your advice.

seagul · Post by **seagul** » Tue Jul 09, 2019 6:33 pm

Even at least one parent holds Indian nationality then how come the child is stateless

CR001 · Post by **CR001** » Tue Jul 09, 2019 6:40 pm

seagul wrote: ↑
Tue Jul 09, 2019 6:33 pm
Even at least one parent holds Indian nationality then how come the child is stateless

Because the child was not registered as Indian within a year of birth and parents obvs had no passport or visa to prove their right reside.

seagul · Post by **seagul** » Tue Jul 09, 2019 6:45 pm

But the child still can be registered indian even after one year:

If the application is made within one year of birth of child as per above-mentioned process and subject to fulfilment of the eligibility criteria as per Ministry of Home Affairs guidelines, the High Commission shall register the birth of the child as an Indian citizen and issue the Birth Registration Certificate. In cases, where applications are made after one year of birth of child, the process is same. However, in such cases, a notarised affidavit or an affidavit executed before the Consular Officer of the High Commission from the parents stating the reason (s) for not registering the birth of the child at the High Commission within one year of birth of the child is also required to be submitted. Form for over one year child.(Please visit the link ‘Forms for Consular Service’)

6. If the minor child is over one year, parents have to affidavit for over one year child Fees

https://www.hcilondon.gov.in/coninfo7

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FLR LR - gap more than 180 days & other complications

FLR FP - gap more than 180 days & other complications

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