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urgent FLR(M)

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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dream2
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urgent FLR(M)

Post by dream2 » Tue Jun 03, 2014 12:05 pm

hello house,
need to know if its possible to put an application for flr(m) in after application to the upper tribunal for permission to appeal to the upper tribunal has just been denied,with no right of appeal.
Also how long do i have to do that.?


also can i put in unmarried partner application in and vary the circumstance after application has been received and i have completed the registry by then so i can send in the certificate. or will it matter or too late to send the certificate in if i have already received the acknoledgement for unmarried coupled considering we meet all requirement for flr(M) and its genuine.

plsi will appreciate an advice .thanks

Amber
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Re: urgent FLR(M)

Post by Amber » Tue Jun 03, 2014 12:28 pm

Within 28 days. A1 English and Financial requirements.
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dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 03, 2014 12:35 pm

i have a masters degree , do i need the a1 english, my fiance is british too and we both earn well, andi just bookednotice of marriage , am been careful so i dont elapse the 28 days thats y amsending the unmarried application first then vary the circumstance, is that ok or whats your take ?, thanks

Obie
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Re: urgent FLR(M)

Post by Obie » Tue Jun 03, 2014 1:11 pm

The 28 day concession, is a concession under the immigration rules, and not under Statute.

You cannot therefore vary under section 3(c) as section 3c simply does not exist.

You may send further documentation, but you cetainly cannot vary an application
Smooth seas do not make skilful sailors

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 03, 2014 1:37 pm

does that mean it will be rejected , or what do you reckon, as i need to put in flr(m) application and we havn t done the registry yet, do i go ahead and send flr(m) application and then send the certificate when we have done the marriage because am confused on how to deal with this.
whats your opinion. thanks

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 03, 2014 1:54 pm

and how about a judicial review does it make any difference..........thanks alot

Obie
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Re: urgent FLR(M)

Post by Obie » Tue Jun 03, 2014 2:24 pm

Why cant you apply as an unmarried partner. You are entiled to do that if your relationship has lasted for 2 years or more.

Varying is what I believe you cannot successfully do.
Smooth seas do not make skilful sailors

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 03, 2014 2:31 pm

thats true but we have been dating for a year and few days and we dont leave together but just started leaving together a month ago, i do realise we have to show we have been leaving together for atleast 2years we dont have that much to show that. what do you think. pls a reply would help thanks

Obie
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Re: urgent FLR(M)

Post by Obie » Tue Jun 03, 2014 3:55 pm

Well make the application, once the application is there, send further document, which will be the marriage certificate, hopefully a decision would not have been made by then.

Alternatively, get a registry office that can arrange a date before the 28 day period.
Smooth seas do not make skilful sailors

Amber
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Re: urgent FLR(M)

Post by Amber » Tue Jun 03, 2014 3:59 pm

Make sure the application is perfectly completed as you'll not have appeal rights.
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Obie
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Re: urgent FLR(M)

Post by Obie » Tue Jun 03, 2014 4:25 pm

I agree with Amber.
The last thing you want is a notification of an invalid application. It is therefore advisable that the application is fully completed.

If you are granted a right of appeal, you could ventilate the change of circumstance, which the Secretary of state may reject, if she believes it did not exist on the date of your application.

If they acted in a funny manner, then you will have a very decent prospect of a successful JR.
Smooth seas do not make skilful sailors

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 03, 2014 5:05 pm

getting a registry between 28 days period will be difficult because they will want to see my present status which at the moment i only have 28days ,i already booked for the interview next week but i have my passport with me but not sure if thats okay,

also do i apply for unmarried or married from all the reply am not sure which of the application suits. pls reply me as these decision are the ones i should make on time thanks alot i appreciate everything you are doing.

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 03, 2014 5:11 pm

also do you think this registry can hold without interuption form ho, cosidering i have been denied.if its possible i can surley go ahead and finish with registry before the application. or whats is your opininon please.

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 03, 2014 5:18 pm

and also can the application be said to be invalid if its sent without marriage certificate before letter of
acknoledgment
my intention is to send it without certificate,when i receive acknoledgment letter i can take that to registry then send send the certificate in too after registry

dream2
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Re: urgent FLR(M)

Post by dream2 » Wed Jun 04, 2014 7:45 am

still waiting for your response amber and obie....you both are very helpful

MPH80
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Re: urgent FLR(M)

Post by MPH80 » Thu Jun 05, 2014 12:03 am

It really depends on how the Home Office treat your application.

If a) It goes in a pile, someone takes payment and sends the acknowledgement and moves to to the second 'general' pile for processing ... you've probably got enough time.

But - if b) It goes in a pile, someone takes payment, sends the acknowledgement and puts it in a pile where they check all documents are present before putting it in the general pile - you may find you get a very quick response.

I'd bet on a) happening rather than b) - but you never know.

You're playing in a very grey area that not many people have played in.

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 10, 2014 12:50 pm

so transiting from my student visa to psw which been denied and appeal granted , now to flr(M) is to be applied for, will it matter if have been working more than20hrs , need to be sure before applying. thanks.

Obie
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Re: urgent FLR(M)

Post by Obie » Tue Jun 10, 2014 12:59 pm

Section 3C does allow you to work whiles your appeal was pending, so there is nothing wrong with that.

After the appeal is dismissed, there is no right to work, but you could make an application before 28 days, and it would be treated as if it was an in time appeal.
Smooth seas do not make skilful sailors

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 10, 2014 1:05 pm

so it dosnt matter if it has been more than 20hrs bcos i have been working atleast 35hrs weekly, and will be including my payslip as well as my fiance, . want to put my jr in before the marriage and before the application does that matter too, because at the moment am just on the 28days grace. thanks alot your replies are very helpful

Obie
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Re: urgent FLR(M)

Post by Obie » Tue Jun 10, 2014 1:08 pm

JR for what? Remeber there will be cost implications for any frivolous JR.
Smooth seas do not make skilful sailors

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 10, 2014 1:13 pm

as said earlier upper tribunal for permission to appeal to the upper tribunal has just been denied,with no right of appeal. so to keep section 3c for my marriage which will hold in few weeks dont you think i should put in my jr first .or what is your opinion

Obie
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Re: urgent FLR(M)

Post by Obie » Tue Jun 10, 2014 1:18 pm

Yes you can do that under the Cart Procedure. But the second appeal test will apply, as application to judicial review a refusal of permissio to appeal the upper tribunal prefusal of permission to appeal, is an excluded decision.

There is no section 3(c) right at play now, except if the high court was to quash the decision of the upper tribunal to refuse permission. It is a very difficult type of JR and most people fail. You will be required to pay the UKBA cost for filing Acknowledgement of service.

In those circumstance, there is no section 3(c) right.
Smooth seas do not make skilful sailors

dream2
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Re: urgent FLR(M)

Post by dream2 » Tue Jun 10, 2014 1:38 pm

so i should go ahead with the application submission within the 28days and not worry about the jr,hopefully i wount be disturbed during my wedding.which is within the 28days. or what do you think

dream2
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Re: urgent FLR(M)

Post by dream2 » Wed Jul 16, 2014 9:37 am

Need an advice or opinion please,

applied for the flr<m> unmarried under the 28days grace after appeal has been dismissed with no further right of appeal,
application sent on the 25th day also a judicial review submitted the 28th day and got married to my partner later on the 28th day


now i got acknoledgment , and then i sent my marriage certificate to them letting them know we are now married and we would like application treated as so, all other requirement met. did my biometrics few days ago.


my question is, what do you think are the likely posibilities here, am hoping for the best result though.

Obie
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Re: urgent FLR(M)

Post by Obie » Wed Jul 16, 2014 9:43 am

Congratulations on the marriage. They will not consider the marriage, as it was not done on the day of application.

Appendix FM-SE prohibit post application evidence from being considered.

Why are you putting in a JR? You will have to pay UKBA if you are refused and you may incurr additional cost.

Did you seek legal advice before doing this.

See Appendix FM -SE paragraph D
Smooth seas do not make skilful sailors

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