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

lily123 · Post by **lily123** » Tue May 05, 2015 10:13 pm

Hello all,

Today, I went to visit my solicitor today and he advised me to go for a Judicial Review so it was agreed to follow that path - making the grounds in 14 days.

Kind Regards,

ILR10YEARBASIS · Post by **ILR10YEARBASIS** » Tue May 05, 2015 11:54 pm

I applied flr fp , its been three months now , they only sent me an acknowledgement letter . is there any contact number or a address I can write a letter to check progress on my application ?

winners · Post by **winners** » Wed May 06, 2015 10:30 am

lily123 wrote:Hello all,

Today, I went to visit my solicitor today and he advised me to go for a Judicial Review so it was agreed to follow that path - making the grounds in 14 days.

Kind Regards,

If I were you lily123 I would re apply and ask for fee exemption if you feel you would not be able to pay

application fees

Since you apply in 2012 when your children have not resided in UK up to 7 years when need rules come in place

July 2012 I am suspecting the judge might insisting you have not meet the rules in place when you submit your

application

That's is my opinion

Hope this helps

lankool86 · Post by **lankool86** » Wed May 06, 2015 12:25 pm

jp1524 wrote:
Hi all,
I have been reading this forum since last few months and it is great to see how good people help each other.
well, I entered in uk in 2006 as a student,then had few extension. my last application was refused and went to first tier
got refused , then ask permission from first tribunal which got refused. ask for permission to appeal to the upper tribunal ,
got refused. i had no other option and i have applied for flrO last month.
i am very close to 10 year long residency. but worried what will happen if HO refuses my flrO.
i live with my wife and 2kids born here, we are none british or hold ilr.
can someone help me with few querries..?
what are the chances of success? ------------Not good probably it will be refused
if they refuses flrO will I have an appeal right ? -----------No
if they do not give me appeal right then can I ask for the same ? _--------Yes
or reconsideration ?--------Yes
in the meantime of this happening , will the 10year long residency breaks ?----- am so sorry to inform you that the answer is Yes because you have exhaust all your appeal right
i will really appreciate this help from such a great people here.
thanks in advance.

hello guys, can anybody help please

@jp1524,
I just wanna share my own experience which is similar to urs. I came In with student visa in 2007. Got it extended in 2009 which lasted till October 2011.applied for another extension bfo it got expired.it was refused in dec 2011.appealed to AIT FIRST-tier in 2012 January. Was dismissed...but given right to appeal to Upper AIT. Went according to my former solicitor advice and applied for FLR(o) discretionary leave outside the immigration rules in June 2012..instead of appealing further..

Decision: was refused on grounds dat no private or family life(British wife or kids or both and British family members)here as I have not spent half my life in d UK so therefor cannot be counted has been formed a private life and dat I have family back home to which I can return to. No other compassionate ground that can be considered(example any medical health issues) . So my advice to u from my own experience and case back den is if above mentioned doesn't exist in ur case I do not think such application will be successful to be very candid with you.

remiee · Post by **remiee** » Wed May 06, 2015 2:55 pm

Just called HO to check for update and was told a letter was sent to my solicitor. Sent to a previous lawyer. I have now received whatsapp copy of the letter. Letter from Home Office Immigration Enforcement. They are requesting original birth certificate of my 9 months old child with passport photo of each member of my family. deadline is 8th May 2015. This is regarding a reconsideration request made since 2010. Please any advice.

adeniyi17 · Post by **adeniyi17** » Wed May 06, 2015 7:35 pm

@ Remiee, just sent you a PM.

lankool86 · Post by **lankool86** » Wed May 06, 2015 8:06 pm

remiee wrote:Just called HO to check for update and was told a letter was sent to my solicitor. Sent to a previous lawyer. I have now received whatsapp copy of the letter. Letter from Home Office Immigration Enforcement. They are requesting original birth certificate of my 9 months old child with passport photo of each member of my family. deadline is 8th May 2015. This is regarding a reconsideration request made since 2010. Please any advice.

@Remmie,
Just do as they request as soon as possible. Last month I went to sign-on/report at the immigration centre in London Bridge they requested to see my medication I use as mentioned on the questionnaire the sent me last year October..I showed it to d official and I was told decision will be made this month, so on that basis I think they foundering your case and about to make a decision..so the earlier u submit d requested docs the better for you..

Cheers & God bless you.

GodGives · Post by **GodGives** » Fri May 08, 2015 4:50 pm

@Lily123 my advice is your children should apply individually. Your child who would have spent half her life next yr should wait. There are charities that would help them apply for free because of their age. Once your kids have their stay. They can apply for you. All the best

favour · Post by **favour** » Sat May 09, 2015 10:04 pm

Just an update on my case and to say thank you for the support and encouragement i have received on this forum
I eventually got to court last weak, after almost 2years. Our lawyer (instructed by the solicitor that has been dealing with our case) advised that having gone through our bundle, she feels we should tackle the issue of overstaying first before talking about article 8 (during the period of waiting my first child turned 7). she said she wanted to discussed with hopo first that this should be a straight forward case as its clear on there rule, that when you vary you only need to pay the difference of the fee and not the total new fee.
The hopo advised that my lawyer is correct but that he needs to confirm with home office, unfortunately the home office replied that they are still insisting on there decision that we have overstayed, by the invalid application.
But for God's mercies, when our application was returned they mistakenly returned a document, which looked like a receipt of payment, this was what the lawyer saw in our bundle. He confirmed that he recognised the system that it is a very confusing system blabla. He was able to confirm from the paper that we did paid the first fee in full.
When the judge came into the courtroom eventually, it was the HOPO himself that was defending our case to her.
It was a miracle!!!
our lawyer only had to say she agrees . so there and then we were told by the judge that our appeal has been allowed and that she will send the letter out in two weeks.
If you are out there with a similar problem please do not give up. God is faithful.

We have received the judges letter, which is appeal allowed as expected, and she has asked the home office to remake their initial decision as it was made unlawfully. We are trusting God for favour.

Ems1927 · Post by **Ems1927** » Sun May 10, 2015 8:04 pm

So since the upper tribunal allowed our appeal, we have heard nothing from the home office. Our solicitor has wrote to them but still nothing. It'll be two months soon since the appeal was upheld.. They have missed their deadline to appeal further does anyone have any experience with the time frame on waiting now?

Kukuwife · Post by **Kukuwife** » Mon May 11, 2015 10:51 am

favour wrote:Just an update on my case and to say thank you for the support and encouragement i have received on this forum
I eventually got to court last weak, after almost 2years. Our lawyer (instructed by the solicitor that has been dealing with our case) advised that having gone through our bundle, she feels we should tackle the issue of overstaying first before talking about article 8 (during the period of waiting my first child turned 7). she said she wanted to discussed with hopo first that this should be a straight forward case as its clear on there rule, that when you vary you only need to pay the difference of the fee and not the total new fee.
The hopo advised that my lawyer is correct but that he needs to confirm with home office, unfortunately the home office replied that they are still insisting on there decision that we have overstayed, by the invalid application.
But for God's mercies, when our application was returned they mistakenly returned a document, which looked like a receipt of payment, this was what the lawyer saw in our bundle. He confirmed that he recognised the system that it is a very confusing system blabla. He was able to confirm from the paper that we did paid the first fee in full.
When the judge came into the courtroom eventually, it was the HOPO himself that was defending our case to her.
It was a miracle!!!
our lawyer only had to say she agrees . so there and then we were told by the judge that our appeal has been allowed and that she will send the letter out in two weeks.
If you are out there with a similar problem please do not give up. God is faithful.

We have received the judges letter, which is appeal allowed as expected, and she has asked the home office to remake their initial decision as it was made unlawfully. We are trusting God for favour.

Favour- God has favoured you Big congratulations to you and your family. I wish you all the best

khalidhaku · Post by **khalidhaku** » Mon May 11, 2015 6:06 pm

Dear Bro and Sis,

I got DLR in Jun 2012 with my wife and two sons (total 4 family members). I have been working for 2 years and 3 months for 30 hours a week and also getting working tax credit weekly 88 pounds. I am paying full housing and full council tax because my both the sons working part time. I pay DL fee 649 pounds each and NHS Health Surcharge 200 pounds per person altogether 4996 pounds in total.
We came in this country in Sep 2008 and claimed asylum at Heathrow Airport. I am a political worker and applied asylum in the basis of persecution and torture from ruling party at that time in Pakistan, 3 years ago my leader was in exile and went to Pakistan and arrested by caretaker government formed by ruling party's President, my leader cases running in courts and he could not leave country until cases will finish (they put him in immigration exit control list) and that party is very influential and strong in all part of Pakistan and internal relocation option is very dangerous for me and my family. The current government is also supporting last government and they treated same with my leader, so my circumstances are still dangerous. I still have imminent risk of life and avoid to visit Pakistan after DLR (not travel home country until). Please any one kindly give me hopeful response coz I am very upset and worried about my case (today 11 May 15 I received acknowledgment letter from HO).

I am law abiding person and doing volunteering work with 3 organization after job once a week and integrate with local people and also at work.
Thanks

lankool86 · Post by **lankool86** » Tue May 12, 2015 6:15 pm

To All,
I can see that many people who posted are asking about reconsideration after all appeal rights are exhausted. this is how it works:

If your refused application was based solely on human rights grounds and such human rights refusal claim was certified by Home Office, such reconsideration as well will be refused. the only, exception is that when putting in a reconsideration in regards to the refusal based on human rights, you must raise an additional human right issue to your case that was not raised before either at application or at appeal. Only on such ground such reconsideration is highly likely and possible to succeed.

For example in ur initial application, u did not raise any medical condition or disablitliy you have, on reconsideration you must clearly state it and probably emphasise on it more.

Thanks....

aysie · Post by **aysie** » Wed May 13, 2015 3:57 pm

Can anyone advise where I can find processing times online, and also your own timelines

Ours is:
Sent app 30/04/15
Ho rec 01/05/15
Acknowledgement: 06/05/15
Biometrics app?
Biometrics submitted: ?

Thank you x

Agali · Post by **Agali** » Wed May 13, 2015 4:36 pm

Maryk wrote:Hi everyone, this is Maryk, I received my brp this afternoon and I cannot tell you how ecstatic I'm, I've been in the uk for almost 15yrs, I have suffered to get where I'm and that's why I'll still be on this forum to give advice to those who need it. I don't claim to be an expert but I'll try and advice you on my own experiences. I've had people who I call friends give me the wrong advice, people can be cruel so be aware. I came to the uk in 1999 and applied for asylum same yr, was given two yrs stay with work permitted, after two yrs were up, I was denied more time and had to appeal, but on the advice of so called friends I never turned up for appeal and had to go underground for almost ten yrs! Eventually I'd had enough and a truly good friend who is like a brother advised me to face my fears and tackle the situation. He referred me to the refugee council in Brixton. Who referred me to Duncan & lewis solicitors, they took my case on in 2011, and weren't optimistic about my chances, I travelled to Liverpool to resubmit my case again! But as legacy due to many yrs in the uk. Decision came back after 3months declined. Still I didn't lose hope. By appeal time I was heavily pregnant by my boyfriend who was a Swedish national who had promised to stand by me, and had even been to see my solicitor with me, anyway to cut the long story short he left me high and dry and moved back to Sweden despite having lived here for almost 15yrs. Still I didn't lose hope, so come appeal time, I didn't miss my appointment and went to the meeting, and by God's grace, the judge said meeting had to be postponed as the was no decision on letter received. So we had to wait all over again. On the 15th of October 2011, I got a call from my solicitor who asked if I was sitting down, and I just knew what was coming from the tone of her voice. I'd been granted discretionary leave till 23/11/2013. I almost fainted!!! Three days l8r I went to collect my documents from my solicitor smiling all the way on the train. I had to start all over again council found me a home just before my son was born. 28 days before my leave was up I sent my application through on my own by the way, as same solicitor I'd used was going to charge 300 consultation fee and 1500 to prepare case, I thought, you know what, I'll do it myself I've got local connection now my cousin who lives in Exeter is godmother to my son and I'm godmother to her kids and I'll be moving there soon, so I prepared everything myself and sent application off, 6months l8r on the 05/03/2015, I got the decision leave granted till 03/03/2018,time which after I'll apply for ILR,So anyone out there who's feeling lost let me tell you God works wonders! If it's Allah or Buddha believe,have faith and you'll come out the other end. So as I said I'll log on everyday to help if I can. And I'll be starting my own blog soon God willing to give advice to others from my own experiences in this country. Because experience is a good teacher.so good luck to all God bless.

Congratulations....

Agali · Post by **Agali** » Wed May 13, 2015 4:49 pm

GodGives wrote:@Lily123 my advice is your children should apply individually. Your child who would have spent half her life next yr should wait. There are charities that would help them apply for free because of their age. Once your kids have their stay. They can apply for you. All the best

@GodGives can you please state which charities are those.

aysie · Post by **aysie** » Thu May 14, 2015 10:14 pm

is anyone able to help with my query? regarding latest time frames?
Thanks

Zee ali · Post by **Zee ali** » Fri May 15, 2015 7:18 pm

aysie wrote:is anyone able to help with my query? regarding latest time frames?
Thanks

2 to 3 months

Ems1927 · Post by **Ems1927** » Fri May 15, 2015 9:37 pm

So the letter sent was from the home office saying our case has now been passed to the Sheffield post case decision unit.. Is this where the visas are issued and does anyone know the timeline or how much longer we will have to wait?

aysie · Post by **aysie** » Sat May 16, 2015 7:15 pm

Thank you zeeali
Does anyone know how long it normally takes for biometric letter to come as well?
Thanks

Zee ali · Post by **Zee ali** » Sat May 16, 2015 8:58 pm

aysie wrote:Thank you zeeali
Does anyone know how long it normally takes for biometric letter to come as well?
Thanks

2 to 3 weeks. after date of posting.

if u didn't receive it in 4 to 5 weeks time better to contact them may be some problem with your fees or application form or photos

babycakes · Post by **babycakes** » Tue May 19, 2015 10:57 am

Ems1927 wrote:So the letter sent was from the home office saying our case has now been passed to the Sheffield post case decision unit.. Is this where the visas are issued and does anyone know the timeline or how much longer we will have to wait?

Yes Sheffield deals with these kind of applications can take 3 months or less.

eu guru · Post by **eu guru** » Tue May 19, 2015 1:14 pm

I did apply for discretionary leave to remain in march 2015 as a parent the home office ask for more documents and evidence including dna test. I wrote back last week including some of the documents except the dna test as my ex partner didn't allow me and also the time frame for the sending of the required documents. I was refused and given right of appeal and the reason of refusal is because I have not convinced the secretary that I am the parent of the children and that although I submitted the birth certificates but they are issued after more than a year of each child's birth. as it is I felt this is straight forward as my ex last night gave me the required birth certificates that was initially issued with in one year of birth of each child. I will like to know if it is worth that I write for a review or appeal through the tribunal

debs1999 · Post by **debs1999** » Tue May 19, 2015 2:42 pm

]hi guys, m back again! i was issued flr fp visa in jan 2014 home office came to our house today for a search and seized my partners passport(he was not home) who has overstayed and who is my daughters stepdad and has been helping to look after her since her real father abandoned us. i want o apply for a dependant visa for my partner,i meet he financial requirements but we have only been living together for 1yr9monhs.can i still apply for a dependant visa for him and which form will i use ( i have leave to remain as a parent visa) . AND SHOULD WE BE SCARED OF HOME OFFICE COMING BACK AND WHAT IS THE NEXT LINE OF ACTION. ANY REPLY OR CONTRIBUTIONS WILL BE APPRECIATED. HE HAS OVERSTAYED FOR 3 YEARS NOW OR OVER. thanks guys

Lola24 · Post by **Lola24** » Tue May 19, 2015 5:19 pm

@guru, you are dad or d mother

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