FLR(O) Discretionary Leave waiting times ..??

lenn83 wrote:Good News !!
My Further Leave to Remain (Other) has been GRANTED/extended for another 3 years. Just received all my documents back this morning and now waiting for the BRP card.
Ombudsman e-mailed and asked me to give them a ring to discuss about my case yesterday. I then rang them back and been told UKBA has responded their query about my case, a decision has been made on the 8th last week (but the papers were issued on the 12th) and they will send the documents out early this week.
I then rang UKBA for an update, the guy just said it's still not completed. But I rang again this morning and the lady told me a packet has been sent out yesterday by Special Delivery (the envolope I've attached with my application).

Here's is my timeline:
Date Applied/Docs sent: 05/11/2012
Date Received Ack. Letter: 07/11/2012
Date Fee Taken : 08/11/2012
Date Biometrics booking letter arrived: 06/03/2013 (dated 28/02/2013)
Date Biometrics Done at PO : 07/03/2013
Date Passport/Docs received from HO: 13/08/2013 (dated 12/08/2013)
Date Biometrics received : - Waiting -

I know it's not easy and how frustrating to wait for a decision. But thank you so so much for this forum to kept me believing and going during the hard time. And I'm truly hope and wish all of you will receive a good news soon!!
" There can be miracle when you believed " XXX

Congratulations

Hi everyone!
Been reading every single post. You guys have been real support to eachother and to many silent readers like me.
Here is my time line.
Applied FLR O:10/07/13 through solicitor
Bio metric letter 18/07/13
Bio metric done 03/08/13
Refused and documents sent back 08/08/13.

I have been in the UK since February 2004 as student. My wife and two children joined me as dependends in January 2005. My third child born in 2006.
I have legal stay during all this time. My current leave is till 10th October. And my 10 years are to be completed in Fabruary.
But my college has been suspended, may be revoked as they just emptied building and gone.
So I applied FLR O on the basis that I have been living with my children for more than 8 years now hoping that by the time they would consider my application, I would have completed 10 years and would vary my application for ILR. The reason I applied couple of months before my visa expired was that I wasn't sure whether they have shortened my stay because of college revoked or not as I didn't wanted to overstay and waste 9 years of legal stay.
And irony is that when most of you want your applications to be decided quickly, I wanted them to take at least 6 months.
They not only refused but didn't give me right of appleale as I have still valid leave till October.
Now that every body knows whole story, please help me by giving me your advice. Thank you

iHope- am sorry for the refusal. The decision was so quick and properly due consideration were not given to all the points you raised. Please if possible can you state the reason for the refusal and did you use a solicitor?

Edit

Kukuwife wrote:iHope- am sorry for the refusal. The decision was so quick and properly due consideration were not given to all the points you raised. Please if possible can you state the reason for the refusal and did you use a solicitor?

Yes I apply through solicitor. He explained everything in cover letter. They refused individualy to everyone. To me that I am not under 18 and 23 still have ties with my country. I do not have sole responsibilities of children as I live with my wife. Same reason to refuse my wife. And refused individual child stating that because parents are refused for that they are refused. That's it.
2,310 plus solicitor fee down the drain within less than a month wich took me more than six month to arrang. LOL

iHope wrote:

Kukuwife wrote:iHope- am sorry for the refusal. The decision was so quick and properly due consideration were not given to all the points you raised. Please if possible can you state the reason for the refusal and did you use a solicitor?

Yes I apply through solicitor. He explained everything in cover letter. They refused individualy to everyone. To me that I am not under 18 and 23 still have ties with my country. I do not have sole responsibilities of children as I live with my wife. Same reason to refuse my wife. And refused individual child stating that because parents are refused for that they are refused. That's it.
2,310 plus solicitor fee down the drain within less than a month wich took me more than six month to arrang. LOL

Ihope welcome to the forum and sorry about the refusal. It's clear that the HO are just rushing through applications now without due consideration. How can they give a decision in less than a month. Meanwhile there are people in this forum that have been waiting for over a year for a decision.
Please don't despair or lose hope but press on until you get your heart desire. Let your username "I hope" give birth to substance!!!!!

Time503 wrote:

iHope wrote:

Kukuwife wrote:iHope- am sorry for the refusal. The decision was so quick and properly due consideration were not given to all the points you raised. Please if possible can you state the reason for the refusal and did you use a solicitor?

Yes I apply through solicitor. He explained everything in cover letter. They refused individualy to everyone. To me that I am not under 18 and 23 still have ties with my country. I do not have sole responsibilities of children as I live with my wife. Same reason to refuse my wife. And refused individual child stating that because parents are refused for that they are refused. That's it.
2,310 plus solicitor fee down the drain within less than a month wich took me more than six month to arrang. LOL

Ihope welcome to the forum and sorry about the refusal. It's clear that the HO are just rushing through applications now without due consideration. How can they give a decision in less than a month. Meanwhile there are people in this forum that have been waiting for over a year for a decision.
Please don't despair or lose hope but press on until you get your heart desire. Let your username "I hope" give birth to substance!!!!!

Totally agree... as they say... We will refuse you and with us, " DOESNT MATTER, WE WILL KEEP TRYING"

iHope wrote:I have been in the UK since February 2004 as student. My wife and two children joined me as dependends in January 2005. My third child born in 2006.
I have legal stay during all this time. My current leave is till 10th October. And my 10 years are to be completed in Fabruary.
But my college has been suspended, may be revoked as they just emptied building and gone.
So I applied FLR O on the basis that I have been living with my children for more than 8 years now hoping that by the time they would consider my application, I would have completed 10 years and would vary my application for ILR. The reason I applied couple of months before my visa expired was that I wasn't sure whether they have shortened my stay because of college revoked or not as I didn't wanted to overstay and waste 9 years of legal stay.
And irony is that when most of you want your applications to be decided quickly, I wanted them to take at least 6 months.
They not only refused but didn't give me right of appleale as I have still valid leave till October.
Now that every body knows whole story, please help me by giving me your advice. Thank you

How many days u were out of this country ie ur home country also how many times u went in last 9 n half years. Might be that reason.

iHope- I noticed that noting was mention about your college closure. You need to check whether you leave to remain has been curtailed. When colleges closed like this, the student are been given 60days to find another college. If you can get another college and entrol then you can cross the 10years long residences. I know it might be difficult kindly look into it because you only need 6months to meet the 10years.
HO must have seen this and they try as much as possible to decide your case and put you in difficult situation.
The route advices by your solicitor flro was right as stated by the HO "that you also wish to rely on family or private life established in the UK pursuant to Article 8 of the ECHR. On 9 July 2012 the Immigration Rules were amended and now include provisions for applicants wishing to remain in the United Kingdom on the basis of their family or private life. These rules are located at Appendix FM and paragraph 276ADE respectively. If you wish the UK Border Agency to consider an application on this basis you must make a separate charged application using the appropriate specified application form (FLR(M) for the 5-year partner, or FLR(O) for either the 10-year partner or 5 or 10 year parent route, or the 10-year private life route). "
The decision was based on you and due consideration were not given to your children, this case is 50: 50 in court. Dependeding on individual circumstance and the Judge. I have read of similar case in which the appeal was allowed and some dismissed.
Please have good discussion with your solicitor and fight the case .

So been waiting for the postman....he did not knock...just posted one letter and I almost run to him to ask if he might have something for me....welllll.... another day gone...the waiting continues. Good luck everyone. May God hear our cries.

iHope wrote:

Kukuwife wrote:iHope- am sorry for the refusal. The decision was so quick and properly due consideration were not given to all the points you raised. Please if possible can you state the reason for the refusal and did you use a solicitor?

Yes I apply through solicitor. He explained everything in cover letter. They refused individualy to everyone. To me that I am not under 18 and 23 still have ties with my country. I do not have sole responsibilities of children as I live with my wife. Same reason to refuse my wife. And refused individual child stating that because parents are refused for that they are refused. That's it.
2,310 plus solicitor fee down the drain within less than a month wich took me more than six month to arrang. LOL

@ihope...am sorry for the refusal. I think the reasons for refusing the children is quite silly. They have not taken into consideration the rights and welfare of the children (can easily be argued in court depending on the lawyer). I am assuming your wife is not British...which means the ten or five year route that has been suggested does not stand. But maybe going the student route or appealing. Did the lawyer use the seven year children's route when you applied?

@nikipatel, I have not been out of country more times and duration than allowed only two times I 9.5 years for a month at a time.
@kykuwife, I applied cause I never had letter of curtailment and was never sure as college administration had vanished had no choice but to apply to avoid possible overstaying and destroying 10 year chance of legal stay.
Going to another college route was so expensive and just wanted to cover six months. I applied on the basis of children being here more than 8 years and one born here more than seven years ago. Supplied lots of evidence from school and all. Explained that children's situation should be look at first then parents leave. They didn't even touch that topic.
Anyway now that I have leave till October , one chice is that I apply ILR and by the time they consider my case, I would spend 10 years. And apply FLR M for dependents separately with cover letter as most of the guys in other form "Long residence" do. Even if they refuse, during appeall it would be 10 years
2-Extend my visa 3-apply FLR O again so I would get right of appeall as my visa would be expired by then and I could drag them to court AND 4-win lottery and apply investment visa before expiry of this one LOL

@crystelNewbie, no my wife is not British, all my family is on my dependent visa and no right of appeall so no question of arguing in court.
Only good thing out if all this is that i found out they didn't curtaile my existing visa so I can reapply before end of visa in October.
I mentioned all available options I had in my mind and sujjedted by soliciter ( lottery one is mine by the way and best one)
Please advice me guys what do you think. Thank you everyone in advance and God bless you and may God fulfill all the good desires you have in heart. Amen

iHope- applying for ilr may be too risky. They can quickly make a decision just like the flro saying you have not been here for ten years before making the application. Try and get another college since most college will resume in September or October. Then and only result to option 3. Good luck

iHope wrote:@crystelNewbie, no my wife is not British, all my family is on my dependent visa and no right of appeall so no question of arguing in court.
Only good thing out if all this is that i found out they didn't curtaile my existing visa so I can reapply before end of visa in October.
I mentioned all available options I had in my mind and sujjedted by soliciter ( lottery one is mine by the way and best one)
Please advice me guys what do you think. Thank you everyone in advance and God bless you and may God fulfill all the good desires you have in heart. Amen

@iHope Sorry about the refusal and thank God you still have an option. But from my experience, the UKBA rarely issue a visa when the one you have has not expired, it happened to my cousing some years back, that is probably the reason why they ''rushed' your application so that your passport would not be in their possession when it expired as they would have no choice other than to grant you the 10 year route. I may be wrong, but I think your solicitor should have known better, but because most of them sometimes are interested in the money rather than the result. The best thing is to quickly look for another college and enrol this september and you seek further and honest advice, try and do so with two to three different solicitors to get the best out. All the best

iHope wrote:I have been in the UK since February 2004 as student. My wife and two children joined me as dependends in January 2005. My third child born in 2006.
I have legal stay during all this time. My current leave is till 10th October. And my 10 years are to be completed in Fabruary.
But my college has been suspended, may be revoked as they just emptied building and gone.
So I applied FLR O on the basis that I have been living with my children for more than 8 years now hoping that by the time they would consider my application, I would have completed 10 years and would vary my application for ILR. The reason I applied couple of months before my visa expired was that I wasn't sure whether they have shortened my stay because of college revoked or not as I didn't wanted to overstay and waste 9 years of legal stay.
And irony is that when most of you want your applications to be decided quickly, I wanted them to take at least 6 months.

They not only refused but didn't give me right of appleale as I have still valid leave till October.
Now that every body knows whole story, please help me by giving me your advice. Thank you

iHope,

Welcome to the forum. I believe your refusal is based perhaps on the fact that the college was (i) bogus which is a straight forward ground for refusal except you have enrolled at a legitimate college for further studies even though it might not have been your fault, but it is believed that an effort to at least carry on with another college (legitimate college) would have earned you bonus point.

Secondly, I don't believe you can apply for visa extension while your current leave is still months away from expiring. Cos I know their rules states to apply "28 days" before your current leave expires not months before. This should have been explained to you by your solicitor, I believe you have fallen on another fast money scheme grabbing solicitor who would be happy to tell you to apply for all sorts to save up for expensive Xmas presents. Pls seek proper advice from different solicitors before attempting any other move otherwise you just gonna be plugging money down the black hole.

There is a way out that I am sure, take your time to find out the best route as you have plenty time before you make a final decision on what best route to take. May the good lord guide us all.

socrates wrote:

iHope wrote:@crystelNewbie, no my wife is not British, all my family is on my dependent visa and no right of appeall so no question of arguing in court.
Only good thing out if all this is that i found out they didn't curtaile my existing visa so I can reapply before end of visa in October.
I mentioned all available options I had in my mind and sujjedted by soliciter ( lottery one is mine by the way and best one)
Please advice me guys what do you think. Thank you everyone in advance and God bless you and may God fulfill all the good desires you have in heart. Amen

@iHope Sorry about the refusal and thank God you still have an option. But from my experience, the UKBA rarely issue a visa when the one you have has not expired, it happened to my cousing some years back, that is probably the reason why they ''rushed' your application so that your passport would not be in their possession when it expired as they would have no choice other than to grant you the 10 year route. I may be wrong, but I think your solicitor should have known better, but because most of them sometimes are interested in the money rather than the result. The best thing is to quickly look for another college and enrol this september and you seek further and honest advice, try and do so with two to three different solicitors to get the best out. All the best

Socrates,

Seem like you working with NASA lol. Spying on my phone are we?


IHope, that's just the point exactly... He said it better

@kukuWife thanks a million.
@socrats I discussed it with my soliciter about applying bit early. The only reason we did this was that we were not sure whether my leave has been curtailed or not to 60 days back in April when college was closed and we calculated exact 60 days and applied in July in view of assuming in case they curtailed my leave to remain , besides we never expected it so quick.
You are 100% right only reason they rushed it was they didn't want to give me right of appeall in case I drag the case to court to accomplish 10 year.
Thanks again guys for your valuable advice.
By the way my soliciter sujjests I should apply ILR and even they rush and refuse it, appeall courts are so busy that I would get hearing not before March April 2014 and by then it would be 10 years already.

dapsonlee wrote:

socrates wrote:

iHope wrote:@crystelNewbie, no my wife is not British, all my family is on my dependent visa and no right of appeall so no question of arguing in court.
Only good thing out if all this is that i found out they didn't curtaile my existing visa so I can reapply before end of visa in October.
I mentioned all available options I had in my mind and sujjedted by soliciter ( lottery one is mine by the way and best one)
Please advice me guys what do you think. Thank you everyone in advance and God bless you and may God fulfill all the good desires you have in heart. Amen

@iHope Sorry about the refusal and thank God you still have an option. But from my experience, the UKBA rarely issue a visa when the one you have has not expired, it happened to my cousing some years back, that is probably the reason why they ''rushed' your application so that your passport would not be in their possession when it expired as they would have no choice other than to grant you the 10 year route. I may be wrong, but I think your solicitor should have known better, but because most of them sometimes are interested in the money rather than the result. The best thing is to quickly look for another college and enrol this september and you seek further and honest advice, try and do so with two to three different solicitors to get the best out. All the best

Socrates,

Seem like you working with NASA lol. Spying on my phone are we?


IHope, that's just the point exactly... He said it better

@dapsonlee, NASA? I wish! lol

iHope wrote:@kukuWife thanks a million.
@socrats I discussed it with my soliciter about applying bit early. The only reason we did this was that we were not sure whether my leave has been curtailed or not to 60 days back in April when college was closed and we calculated exact 60 days and applied in July in view of assuming in case they curtailed my leave to remain , besides we never expected it so quick.
You are 100% right only reason they rushed it was they didn't want to give me right of appeall in case I drag the case to court to accomplish 10 year.
Thanks again guys for your valuable advice.
By the way my soliciter sujjests I should apply ILR and even they rush and refuse it, appeall courts are so busy that I would get hearing not before March April 2014 and by then it would be 10 years already.

@iHope, yes your solicitor's suggestion is good, but you just have to enrol at a college by this september before the expiration of your visa, because they will now ''put an eye'' in your application by trying to find a loophole, because they now know and can predict your intention, I iwish you the best and God's uncommon favour.

@socrats God bless you. Best advice. Thanks you and good luck to you and everybody else.

SDP wrote:

summer2013 wrote:Good afternoon people.
As we havent heard much recently from HO, only few, they may have been on holiday.

I hope and pray that they will come back more reasonable and fresh minded to give everyone on this forum our heart desired wishes within this two months

They will be more miserable to start work after holidays physically present here and mentally still at holiday....

hope not SDP

Welcome to the forum lHope..
I agree with dapsonlee & Socrates, their suggestion and analysis is quiet good
You have plenty of options left, good luck !

Good day people.

Sorry about the refusal ihope - I agree with a lot of the guys here, your solicitors should have advised you to wait 28 days before your current Visa was due to run out and then submitted the application. Good luck with your appeal or whatever course of action you decide to take.