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

bsmith, welcome.

The others have given you the best advice, you need to kick start the JR process. You definitely have a strong case IMO, don't be dismayed or doubtful. Either way, you should be given an in country appeal if it fails.

All the best.

bsmith13 wrote:@Elastep and @Ikeron

Thanks for replying me.

But do you think I have any merit to my case by going for a JR.

@Elastep, at your oral hearing, did the judge grant you permission to go ahead with JR. Please could you please shed more light on this. Thanks

@bsmith13, I think that you case is very strong from what I have read. They should have considered your case as you are under 25years of age and have spent half of your life in the UK. I think that this is one of the basis of application on privet life but not sure if the rule have changed. please guys any input is welcomed. Thanks.
NO, permission have not been given yet. The Judge wanted to give the HO the oportunity for my case to be sorted out of court, because they told the Judge at my oral hearing that they where not aware of my past immigration history and that they require some time to reconsider my case and they acepted that if they refuse me again they will give me right of appeal.
My case is still at court as my last hearing date for this month was postponed, due to HO asking for more time to look at my case, so noting can be done yet as I'm waiting for HO reply.
I would like to see if they will keep to their word and if not, a hearing date will be alocated to me where I'm sure that Permission to proceed for JR will be given.

Hello everyone

Congrats to those who have been granted leave to remain and I wish strength and succour to all bro and sis who have been refused or waiting eagerly for their stay.

I was not going to share this small progress at least for now but I thought it would be unfair to those who may receive encouragement from my story given that this forum has been a great source of rare inspiration and vigour to me in the last 20 months or so.

Here is my story. In August 2012 after the 9 July 2012 changes to family immigration rules I put in FLR O application for my self, wife and then 7 year old son under the parent of a child in the UK route.

Our immigration history is that I came here in 2002 as a visitor but overstayed but bravely in 2008 I left the UK and travelled to my home country in order to regularise my stay. I left the UK on faith and thankfully after nearly 3 months and two entry clearance applications I was allowed to come back as a dependant to my wife who had been granted five years work permit that would have qualified us for ILR in July 2013 but unfortunately she lost the job in 2009 and we have had to change course by staying here through student route.

My wife came here in March 2004 and have remained here lawfully since (she is currently applying for ILR under the LR route). Our two sons were born in the UK and now aged nine and seven. We have owned our home since December 2008.

Our FLR O application was refused in May 2013 because each of us do not have a sole responsibility of our son. I was initially denied an appeal which was later granted by an immigration judge.

In February 2014, our appeal was heard. The HO Presenting Officer though conceded that they have got the immigration rules wrong in our case tried her best to convince the judge that we could continue our family life in my home country by selling our house and use the proceeds to rent accommodation back home and use the remnants to put our children in private schools there. She argued that the children would adapt easily by making new friends. She further argued that career prospects for me and wife is just as good back home as it can be in the UK.

However, God prevailed for us and the judge allowed our appeals both under the immigration rules and article 8. For those of you that applied under the 7 year rule between July 2012 and 12 December 2012, the rule then did not include demonstrating that it was “unreasonable for the child to leave the UK”. This condition was added on December 13 2012 and there was a transitional provision that application submitted up-to 12 December 2012 should be considered under the rules subsisting pre 13 December 2012. The HO have been deciding all applications based on the amended rule from 13 December 2012.

Please seek advice if this is relevant to your case and it may make a different.

All thanks goes to everyone on this forum for sharing your lives with one and other but I would like to specially thank Nilesmarques for posting few decided unpublished upper tribunal cases as two of those cases were pivotal to our success. Thank you my friend. I wish everyone best of luck.

[quote="MRLAOLU"]Hello everyone

Congrats to those who have been granted leave to remain and I wish strength and succour to all bro and sis who have been refused or waiting eagerly for their stay.

I was not going to share this small progress at least for now but I thought it would be unfair to those who may receive encouragement from my story given that this forum has been a great source of rare inspiration and vigour to me in the last 20 months or so.

Here is my story. In August 2012 after the 9 July 2012 changes to family immigration rules I put in FLR O application for my self, wife and then 7 year old son under the parent of a child in the UK route.

Our immigration history is that I came here in 2002 as a visitor but overstayed but bravely in 2008 I left the UK and travelled to my home country in order to regularise my stay. I left the UK on faith and thankfully after nearly 3 months and two entry clearance applications I was allowed to come back as a dependant to my wife who had been granted five years work permit that would have qualified us for ILR in July 2013 but unfortunately she lost the job in 2009 and we have had to change course by staying here through student route.

My wife came here in March 2004 and have remained here lawfully since (she is currently applying for ILR under the LR route). Our two sons were born in the UK and now aged nine and seven. We have owned our home since December 2008.

Our FLR O application was refused in May 2013 because each of us do not have a sole responsibility of our son. I was initially denied an appeal which was later granted by an immigration judge.

In February 2014, our appeal was heard. The HO Presenting Officer though conceded that they have got the immigration rules wrong in our case tried her best to convince the judge that we could continue our family life in my home country by selling our house and use the proceeds to rent accommodation back home and use the remnants to put our children in private schools there. She argued that the children would adapt easily by making new friends. She further argued that career prospects for me and wife is just as good back home as it can be in the UK.

However, God prevailed for us and the judge allowed our appeals both under the immigration rules and article 8. For those of you that applied under the 7 year rule between July 2012 and 12 December 2012, the rule then did not include demonstrating that it was “unreasonable for the child to leave the UK”. This condition was added on December 13 2012 and there was a transitional provision that application submitted up-to 12 December 2012 should be considered under the rules subsisting pre 13 December 2012. The HO have been deciding all applications based on the amended rule from 13 December 2012.

Please seek advice if this is relevant to your case and it may make a different.

All thanks goes to everyone on this forum for sharing your lives with one and other but I would like to specially thank Nilesmarques for posting few decided unpublished upper tribunal cases as two of those cases were pivotal to our success. Thank you my friend. I wish everyone best of luck.[/quote]


Greetings To you all my forum family!! Hope I find you all in good health! To all those granted, a big congrats!!! All those still in the process, hang on in there!!! Always remember Eph 3 v 20 "Now unto him that is able to do exceeding abundantly above all that we ask or think, according to the power that worketh in us."

@MRLAOLU. It's all good mate! What you say is a little victory, to us it is a giant step! We're all in this struggle together as a forum family! Good luck on the next phase of the journey. I haven't anything to report as of yet so I'm still waiting!
Stay Blessed!!

Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds

Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds

MRLAOLU wrote:Hello everyone

Congrats to those who have been granted leave to remain and I wish strength and succour to all bro and sis who have been refused or waiting eagerly for their stay.

I was not going to share this small progress at least for now but I thought it would be unfair to those who may receive encouragement from my story given that this forum has been a great source of rare inspiration and vigour to me in the last 20 months or so.

Here is my story. In August 2012 after the 9 July 2012 changes to family immigration rules I put in FLR O application for my self, wife and then 7 year old son under the parent of a child in the UK route.

Our immigration history is that I came here in 2002 as a visitor but overstayed but bravely in 2008 I left the UK and travelled to my home country in order to regularise my stay. I left the UK on faith and thankfully after nearly 3 months and two entry clearance applications I was allowed to come back as a dependant to my wife who had been granted five years work permit that would have qualified us for ILR in July 2013 but unfortunately she lost the job in 2009 and we have had to change course by staying here through student route.

My wife came here in March 2004 and have remained here lawfully since (she is currently applying for ILR under the LR route). Our two sons were born in the UK and now aged nine and seven. We have owned our home since December 2008.

Our FLR O application was refused in May 2013 because each of us do not have a sole responsibility of our son. I was initially denied an appeal which was later granted by an immigration judge.

In February 2014, our appeal was heard. The HO Presenting Officer though conceded that they have got the immigration rules wrong in our case tried her best to convince the judge that we could continue our family life in my home country by selling our house and use the proceeds to rent accommodation back home and use the remnants to put our children in private schools there. She argued that the children would adapt easily by making new friends. She further argued that career prospects for me and wife is just as good back home as it can be in the UK.

However, God prevailed for us and the judge allowed our appeals both under the immigration rules and article 8. For those of you that applied under the 7 year rule between July 2012 and 12 December 2012, the rule then did not include demonstrating that it was “unreasonable for the child to leave the UK”. This condition was added on December 13 2012 and there was a transitional provision that application submitted up-to 12 December 2012 should be considered under the rules subsisting pre 13 December 2012. The HO have been deciding all applications based on the amended rule from 13 December 2012.

Please seek advice if this is relevant to your case and it may make a different.

All thanks goes to everyone on this forum for sharing your lives with one and other but I would like to specially thank Nilesmarques for posting few decided unpublished upper tribunal cases as two of those cases were pivotal to our success. Thank you my friend. I wish everyone best of luck.

Hi Congratulation to you and your family,
regards
amjad leeds

@elastep

I've not spent half of my life here but on the bother line as it's short with 1year and 6 months though I'm under 25 at the moment but by the time I spend half of my life here I will be over 25 then.

@thisyear. Thank you for the advice.

amjadleeds wrote:Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds

HI Amjad can u please provide some information regarding the seven year child / family/ private life. I mean which types supporting documents u submitted with application related to seven year child.

thanks and regards

Hello everyone,

I have been a secret readerof this forum and it has helped me a lot, today I come to you with a deja vu scenario.
Few days ago my zambrano application was refused , I was kind of prepared for it and even though they gave me right of appeal I want to put in a FLRFP application .
I just need your opinion on the documents I'm sending :
-Nhs appointments letters for my child
-child's british passport
-nursery invoices addressed to me
-letter from nursery advising that they know me as the sole carer
-residence order(sole)
-Gp letter adv that we are both registered there
-bank statements
-contract of employment
-letter from my employer saying I passed my probation period
-photos
-nhs appointment letters for me
-contents insurance letter
-pay slips
Now my problem is the tenancy agreement , you see my baby and I are living with family friends , they took us in when we had no where to go . The house is a four bedrooms townhouse where my child and I have the two rooms upstairs with a shower room and my friend and her husband have the rooms dowstairs , the living room and the main bathroom. We only share the cooking area . I was not paying any rent when we moved but since I have been working I have asked them to tell me how much they will charge me so for the two rooms and shower I pay £95 each week?They are also tenants in that house I have never met the landlord just heard his voice 2 or 3 times since we moved in , my child and I have been leaving there for 15 months, my friend and her husband have given me a tenancy agreement with details of how much I pay per week and the accommodation , I really do not feel comfortable sending this to UKBA because I feel like they are not the landlord and UKBA might do checks and find out that they are just tenants sort of subletting.Even though I'm currently working I do not have a lump sum to pay for a deposit for a flat .
I'm so worried about this and do not know what to do . Can you please advice if it will be ok for me to use this tenancy agreement .
your opinions will be greatly appreciated. Sorry for the long post. Thank you

convenantkeepingGod wrote:Hello everyone,

I have been a secret readerof this forum and it has helped me a lot, today I come to you with a deja vu scenario.
Few days ago my zambrano application was refused , I was kind of prepared for it and even though they gave me right of appeal I want to put in a FLRFP application .
I just need your opinion on the documents I'm sending :
-Nhs appointments letters for my child
-child's british passport
-nursery invoices addressed to me
-letter from nursery advising that they know me as the sole carer
-residence order(sole)
-Gp letter adv that we are both registered there
-bank statements
-contract of employment
-letter from my employer saying I passed my probation period
-photos
-nhs appointment letters for me
-contents insurance letter
-pay slips
Now my problem is the tenancy agreement , you see my baby and I are living with family friends , they took us in when we had no where to go . The house is a four bedrooms townhouse where my child and I have the two rooms upstairs with a shower room and my friend and her husband have the rooms dowstairs , the living room and the main bathroom. We only share the cooking area . I was not paying any rent when we moved but since I have been working I have asked them to tell me how much they will charge me so for the two rooms and shower I pay £95 each week?They are also tenants in that house I have never met the landlord just heard his voice 2 or 3 times since we moved in , my child and I have been leaving there for 15 months, my friend and her husband have given me a tenancy agreement with details of how much I pay per week and the accommodation , I really do not feel comfortable sending this to UKBA because I feel like they are not the landlord and UKBA might do checks and find out that they are just tenants sort of subletting.Even though I'm currently working I do not have a lump sum to pay for a deposit for a flat .
I'm so worried about this and do not know what to do . Can you please advice if it will be ok for me to use this tenancy agreement .
your opinions will be greatly appreciated. Sorry for the long post. Thank you

Hello and welcome.. A letter from them saying they are helping you with a place to stay is enough.. They dont have to act like the landlord.. And all ukba wants to know is if u r responsible for your child , the child lives with you and you are not in a relationship with the child's father..I know of about 5 of my friends who submitted their application with letter from GP, letter from the person helping them with a place to stay and sometimes letter from the ex-partner stating that they are not in a relationship and the other necessary documents, they were granted within a month. So dont worry.. And if they need more proof, they will ask and not just reject you...

Thank you very for your time and reply. This is exactly my concern , if they write to say that they are providing me with accommodation then it means that I do not fulfil all the requirements:
-proof that you can accommodate yourself
if I require someone to provide this to me then I don't qualify . I have till monday to submit my application im tempted to send it without proof of accommodation but im worried that this might cause a refusal.
Thank you

convenantkeepingGod wrote:Thank you very for your time and reply. This is exactly my concern , if they write to say that they are providing me with accommodation then it means that I do not fulfil all the requirements:
-proof that you can accommodate yourself
if I require someone to provide this to me then I don't qualify . I have till monday to submit my application im tempted to send it without proof of accommodation but im worried that this might cause a refusal.
Thank you

Are you applying for the 5 year route or 10 year route?

10 year route

convenantkeepingGod wrote:10 year route

Then I have too say you are volunteering too much information, they dont need your bank statements and they dont really care about your financial position, they just want to know if you have British children, if your child lives with you and that you are the sole carer.. That's all.. All they need to do is write a letter explaining that they are helping you with accommodation that's all.. Please you dont need more that that, just send the same documents as zambrano.. And if they need more they will ask.

Thank you so much . I hope they give me this letter because even getting the proof of accommodation from them was really awkward not becaue they are bad people but people do not want anything to do with home office.
I will just send doccments I have minus the tenancy agreement . Hopefully this should be ok.

convenantkeepingGod wrote:Thank you so much . I hope they give me this letter because even getting the proof of accommodation from them was really awkward not becaue they are bad people but people do not want anything to do with home office.
I will just send doccments I have minus the tenancy agreement . Hopefully this should be ok.

I understand what you mean. Pray before you ask them am sire they will give you.. Your stay is with them already, just submit your documents to get it...

Thank you for your help.
it is a shame that this forum has gone so quiet it was the most vibrant forum and my daily must read
I pray for good news for everyone .

convenantkeepingGod wrote:Thank you for your help.
it is a shame that this forum has gone so quiet it was the most vibrant forum and my daily must read
I pray for good news for everyone .

Its gone quiet cos most of the people commenting have been granted leave cos home office is quicker with applications now.

Greetings forum family! I hope I find you all in good health! Need a little advice here. I've just been so caught up in my own application that I seem to be hoodwinked into not possibly looking at other options for my family.

I know that there are several people on the forum who are in similar circumstances as the one I want to highlight. Obviously most of you know about my FLR(O) application and it's subsequent refusal. I have just been procrastinating about my daughter. I believe the HO are deciding cases a lot quicker these days and I am wondering if it would be worthwhile to put in another application for my daughter in her own right who will be turning 18 soon. She came here at the age of 8 and has lived more than half her life here. Does anyone have any recent experience of being granted or know anyone who has. Your wise contributions will be greatly appreciated!!

Reason in why I'm thinking of doing that is because I have been following the unpleasant case of the poor sixth girl the HO want to deport

http://www.theguardian.com/uk-news/2014/mar/23/yashika-bageerathi-enfield-students-deportation-protest

I really don't want to get to position where after having struggled so long, the HO will say that since she is now an adult, she must make her own application, which in turn will again prolong the regularisation process.

Sorry for the long post!
Stay blessed

[quote="evie233"][quote="convenantkeepingGod"]Thank you for your help.
it is a shame that this forum has gone so quiet it was the most vibrant forum and my daily must read
I pray for good news for everyone .[/quote]
Its gone quiet cos most of the people commenting have been granted leave cos home office is quicker with applications now. [/quote]

I don't think it's that most people have been granted but I think it's just that a lot of us still in the process of waiting for an outcome either through JR or appeals and there just isn't really anything to update. A few of the regulars have been granted leave though and they do pop in once in a while.

amjadleeds wrote:

MRLAOLU wrote:Hello everyone

Congrats to those who have been granted leave to remain and I wish strength and succour to all bro and sis who have been refused or waiting eagerly for their stay.

I was not going to share this small progress at least for now but I thought it would be unfair to those who may receive encouragement from my story given that this forum has been a great source of rare inspiration and vigour to me in the last 20 months or so.

Here is my story. In August 2012 after the 9 July 2012 changes to family immigration rules I put in FLR O application for my self, wife and then 7 year old son under the parent of a child in the UK route.

Our immigration history is that I came here in 2002 as a visitor but overstayed but bravely in 2008 I left the UK and travelled to my home country in order to regularise my stay. I left the UK on faith and thankfully after nearly 3 months and two entry clearance applications I was allowed to come back as a dependant to my wife who had been granted five years work permit that would have qualified us for ILR in July 2013 but unfortunately she lost the job in 2009 and we have had to change course by staying here through student route.

My wife came here in March 2004 and have remained here lawfully since (she is currently applying for ILR under the LR route). Our two sons were born in the UK and now aged nine and seven. We have owned our home since December 2008.

Our FLR O application was refused in May 2013 because each of us do not have a sole responsibility of our son. I was initially denied an appeal which was later granted by an immigration judge.

In February 2014, our appeal was heard. The HO Presenting Officer though conceded that they have got the immigration rules wrong in our case tried her best to convince the judge that we could continue our family life in my home country by selling our house and use the proceeds to rent accommodation back home and use the remnants to put our children in private schools there. She argued that the children would adapt easily by making new friends. She further argued that career prospects for me and wife is just as good back home as it can be in the UK.

However, God prevailed for us and the judge allowed our appeals both under the immigration rules and article 8. For those of you that applied under the 7 year rule between July 2012 and 12 December 2012, the rule then did not include demonstrating that it was “unreasonable for the child to leave the UK”. This condition was added on December 13 2012 and there was a transitional provision that application submitted up-to 12 December 2012 should be considered under the rules subsisting pre 13 December 2012. The HO have been deciding all applications based on the amended rule from 13 December 2012.

Please seek advice if this is relevant to your case and it may make a different.

All thanks goes to everyone on this forum for sharing your lives with one and other but I would like to specially thank Nilesmarques for posting few decided unpublished upper tribunal cases as two of those cases were pivotal to our success. Thank you my friend. I wish everyone best of luck.

Hi Congratulation to you and your family,
regards
amjad leeds

.A VERY BIG CONGRATS.I WISH YOU AND YOUR FAMILY ALL THE BEST WITH YOUR FUTURE APPLICATIONS

I just wish I could do this application myself, I have paid a lawyer all the savings I have to do the app and when I called today to find out when can He send it . He says he doesn't know and that he has a lot of work on his desk at the moment . That just put tobasco sauce in my blood , I told him we need to send it this week...
I will contact him on Thursday if he gives me stories, I will just politely for my money back and do it myself. End of ranting

Hi Nilemarques
I think the applicable immigration rules you are referring to is as follows:
276ADE (1). The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK

Now, I believe you have already applied using iv and have been refused. Rules v and vi on the surface appears great as they did not contain any unreasonableness test. However, as you said in the absence of success stories of similar applications it is difficult to test the success rate but you may want to contact experts on this forum like Vinny and Amber for their opinions. Any news regarding your JR?

nilemarques wrote:Greetings forum family! I hope I find you all in good health! Need a little advice here. I've just been so caught up in my own application that I seem to be hoodwinked into not possibly looking at other options for my family.

I know that there are several people on the forum who are in similar circumstances as the one I want to highlight. Obviously most of you know about my FLR(O) application and it's subsequent refusal. I have just been procrastinating about my daughter. I believe the HO are deciding cases a lot quicker these days and I am wondering if it would be worthwhile to put in another application for my daughter in her own right who will be turning 18 soon. She came here at the age of 8 and has lived more than half her life here. Does anyone have any recent experience of being granted or know anyone who has. Your wise contributions will be greatly appreciated!!

Reason in why I'm thinking of doing that is because I have been following the unpleasant case of the poor sixth girl the HO want to deport

http://www.theguardian.com/uk-news/2014 ... on-protest

I really don't want to get to position where after having struggled so long, the HO will say that since she is now an adult, she must make her own application, which in turn will again prolong the regularisation process.

Sorry for the long post!
Stay blessed

Friends, as always I need some information from you, thank you for the support. I wanted to know more about appeal process as I'm getting prepared for that. I understand that if I don't win then I could go upper tribunal. If I win - what is the next?
God bless you all.