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

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ojliaa
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ojliaa » Mon Aug 31, 2015 11:33 pm

jupiter2016 wrote:Flr o - applied in March 2015. Biometric done- April 2015. Still waiting for decision.
Wishing you all the best for your decision. Cheers

Mr Goody Goody
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Mr Goody Goody » Tue Sep 01, 2015 12:48 am

ojliaa wrote:Hello!
Mr Goody Goody
Many many Congratulations!
Would you please mention that what more documents are requested by HO?
Cheers
@ojliaa...As mentioned in my previous post, the documents were extremely out of order to be delivered within a week. But notwithstanding I got everything. These include letter from my daughters GP, letter from my step son school and GP confirming he lives in the same address as me. A letter from my ex-partner to confirm if I truly engage with my daughter despite the court access right order, my ex-partner data page, details of mediation among other things.
Above all, the leave was granted based on my cohabitation with my present partner. In my opinion, the HO purposely not grant it on 7 years Concessionary rule as they are afraid of judicial precedent. Thanks

ojliaa
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ojliaa » Tue Sep 01, 2015 12:50 am

Private life and FLR-FP Application on the base of 7 years child.....@ Page 18

https://www.gov.uk/government/uploads/s ... _final.pdf

Private life: Requirements to be met by an applicant for leave to remain on the grounds of private life
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:

(i) does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3. and S-LTR.3.1. in Appendix FM; and

(ii) has made a valid application for leave to remain on the grounds of private life in the UK; and

(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)or

(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 there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

:) :) :) Cheers ojliaa

ojliaa
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ojliaa » Tue Sep 01, 2015 1:04 am

Mr Goody Goody wrote:
ojliaa wrote:Hello!
Mr Goody Goody
Many many Congratulations!
Would you please mention that what more documents are requested by HO?
Cheers
@ojliaa...As mentioned in my previous post, the documents were extremely out of order to be delivered within a week. But notwithstanding I got everything. These include letter from my daughters GP, letter from my step son school and GP confirming he lives in the same address as me. A letter from my ex-partner to confirm if I truly engage with my daughter despite the court access right order, my ex-partner data page, details of mediation among other things.
Above all, the leave was granted based on my cohabitation with my present partner. In my opinion, the HO purposely not grant it on 7 years Concessionary rule as they are afraid of judicial precedent. Thanks
Thank you very much for your kind information and updates. :)

Ali1975
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Family Visa without Income Requirement

Post by Ali1975 » Wed Sep 02, 2015 8:20 am

Hi guys, I need to switch my wife's visa from Tier 1 to my dependent, I have ILR and we have 2 british national kids. My income is very low and also claiming some benefits.

What is the right route and form to apply for my wife without fulfilling income requirement? Family life as a partner 10 year route or private life in the UK 10 year route or some thing else ? please share some information, thank you

Hashim
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Hashim » Wed Sep 02, 2015 9:11 am

Apologies for asking a stupid question.

We are currently expecting to receive our BRP at any time since its been over 6 weeks since we applied.

From those with experience, how does the BRP arrive ? Is it via normal post or is it sent via courier ?

Are you informed before you receive the card via a letter ?

I would appreciate your responses.

Thanks

ojliaa
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ojliaa » Sat Sep 05, 2015 10:13 am

FLR-FP Application on the basis of private life or family life & 7 years old child Concessionary Policy; Hello there, just a curtsey message to update all relevant board members. The outstanding biometrics for our both children has been done on 1st of September, 2015. So now we are at the stage of waiting for the decision from Home Office. Hoping for the best if God Be Pleased...! Cheers

ojliaa
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ojliaa » Sat Sep 05, 2015 10:48 am

Hashim wrote:Has anyone submitted Biometrics for FLR FP around the 1st of August ? I'm still waiting..
Hi! Hashim, just to let you know that we parents (Mum&Dad of 7 years old child) received Biometrics Letters on 9th of July, 2015 & given fingerprints at post office on 27th of July. Cheers

ojliaa
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ojliaa » Sat Sep 05, 2015 11:09 am

ojliaa wrote:
Hashim wrote:Has anyone submitted Biometrics for FLR FP around the 1st of August ? I'm still waiting..
Hi! Hashim, just to let you know that we parents (Mum&Dad of 7 years old child) received Biometrics Letters on 9th of July, 2015 & given fingerprints at post office on 27th of July. Cheers
Apologising Dear Hashim as I forgot to mention that our both children couldn't give their fingerprints due to error with barcode. So, we sent this query to Home Office about bad barcodes of the letters. Then Home Office sent fresh biometrics letters on 14th August, 2015. As seen previous post, pending biometrics already have been done on 1st of September, 2015. So kindly keep remember in prayers. Cheers

solaced
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by solaced » Sat Sep 05, 2015 10:34 pm

Hi ojilla & all other forum members !
I want to apply for flr(FTP) on 7 years children concession basis. But, my children have been living and studying in this country for 6 & half years. My question is ;
Can I still apply on 6 & halff years basis and fight my case legally in future ? Any encouragement ?
Secondly, I can't afford the fee of 4 of us. What documents do we need to show to request Home Office to wave off the fee being destitute ? And whether not paying the fee would put a very negative effect on our application or they do consider financial restraints as a family? Looking forward a quick responce from you all. Many thanks

Zee ali
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Zee ali » Sun Sep 06, 2015 2:06 am

solaced wrote:Hi ojilla & all other forum members !
I want to apply for flr(FTP) on 7 years children concession basis. But, my children have been living and studying in this country for 6 & half years. My question is ;
Can I still apply on 6 & halff years basis and fight my case legally in future ? Any encouragement ?
Secondly, I can't afford the fee of 4 of us. What documents do we need to show to request Home Office to wave off the fee being destitute ? And whether not paying the fee would put a very negative effect on our application or they do consider financial restraints as a family? Looking forward a quick responce from you all. Many thanks
7 years mean 7 years. wait 6 months more. Complete full 7 years and than apply flr fp. Even after full 7 years chances r slim but if your case is strong than good chance in appeal.

U can apply for fees wavier. If HO thinks that u r destitute they will accept your fee waiver application otherwise u have to pay the fees.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

lucky007
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by lucky007 » Sun Sep 06, 2015 2:59 am

Just quick update for the board members that our appeal against the Secretary of State’s decision has been listed for a hearing on 23rd September 2015 at Field House Upper Tribunal.

Please remember in urz prays. I will update u guys as soon I get any further informations from my solicitor.

Regards.

Feefa
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Feefa » Sun Sep 06, 2015 4:49 am

Hi everyone
Please i need URGENT help, those anyone know if i will be given back my passport for sameday visa appointment together with the other documents?
My appointment is in glasgow On tuesday and i will be going by plane, so will definately need my passport back.

Am applying for flr fp based on partner 10year route he has ILR and my daughter is british citizen ... Also do i have to go with them to the appointment or can i go alone?

Thank you very much

ojliaa
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ojliaa » Sun Sep 06, 2015 12:01 pm

Zee ali wrote:
solaced wrote:Hi ojilla & all other forum members !
I want to apply for flr(FTP) on 7 years children concession basis. But, my children have been living and studying in this country for 6 & half years. My question is ;
Can I still apply on 6 & halff years basis and fight my case legally in future ? Any encouragement ?
Secondly, I can't afford the fee of 4 of us. What documents do we need to show to request Home Office to wave off the fee being destitute ? And whether not paying the fee would put a very negative effect on our application or they do consider financial restraints as a family? Looking forward a quick responce from you all. Many thanks
7 years mean 7 years. wait 6 months more. Complete full 7 years and than apply flr fp. Even after full 7 years chances r slim but if your case is strong than good chance in appeal.

U can apply for fees wavier. If HO thinks that u r destitute they will accept your fee waiver application otherwise u have to pay the fees.
I am 100% agreed with Zee ali's comments, as it's one of the compulsory requirement if you can follow the Appendix FM Section 1.0b Family Life.
https://www.gov.uk/government/uploads/s ... t_2015.pdf
It's clearly mentioned that:
"The decision maker should note that a parent wishing to remain in the UK on the basis of their settled child who has NOT lived in the UK continuously for at least 7 years immediately preceding the date of application, cannot meet the requirements of the parent routes. The child living in the UK must either be British, or have lived in the UK continuously for at least the last 7 years, for the parent to meet this requirement of these rules".
I am providing these points of requirements from Appendix FM Section 1.0b Family Life;
7. Family Life as the Parent of a Child in the UK
7.1. General
A summary of the stages of consideration for the 10-year parent route is provided in Section 3.5 of this guidance.
This section applies to applications for leave to remain and further leave to remain as the parent of a child in the UK, and where the child:
 is under the age of 18 years at the date of application; and
 is living in the UK; and
 is a British Citizen; or
 has lived in the UK continuously for at least the 7 years immediately preceding the date of application.
For details please follow the link above/below;
https://www.gov.uk/government/uploads/s ... t_2015.pdf
Cheers

Feefa
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Feefa » Mon Sep 07, 2015 10:02 am

Feefa wrote:Hi everyone
Please i need URGENT help, those anyone know if i will be given back my passport for sameday visa appointment together with the other documents?
My appointment is in glasgow On tuesday and i will be going by plane, so will definately need my passport back.

Am applying for flr fp based on partner 10year route he has ILR and my daughter is british citizen ... Also do i have to go with them to the appointment or can i go alone?

Thank you very much

Please if anyone can help me it will be really helpful

solaced
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by solaced » Wed Sep 09, 2015 4:46 am

ojliaa wrote:
Zee ali wrote:
solaced wrote:Hi ojilla & all other forum members !
I want to apply for flr(FTP) on 7 years children concession basis. But, my children have been living and studying in this country for 6 & half years. My question is ;
Can I still apply on 6 & halff years basis and fight my case legally in future ? Any encouragement ?
Secondly, I can't afford the fee of 4 of us. What documents do we need to show to request Home Office to wave off the fee being destitute ? And whether not paying the fee would put a very negative effect on our application or they do consider financial restraints as a family? Looking forward a quick responce from you all. Many thanks
7 years mean 7 years. wait 6 months more. Complete full 7 years and than apply flr fp. Even after full 7 years chances r slim but if your case is strong than good chance in appeal.

U can apply for fees wavier. If HO thinks that u r destitute they will accept your fee waiver application otherwise u have to pay the fees.
I am 100% agreed with Zee ali's comments, as it's one of the compulsory requirement if you can follow the Appendix FM Section 1.0b Family Life.
https://www.gov.uk/government/uploads/s ... t_2015.pdf
It's clearly mentioned that:
"The decision maker should note that a parent wishing to remain in the UK on the basis of their settled child who has NOT lived in the UK continuously for at least 7 years immediately preceding the date of application, cannot meet the requirements of the parent routes. The child living in the UK must either be British, or have lived in the UK continuously for at least the last 7 years, for the parent to meet this requirement of these rules".
I am providing these points of requirements from Appendix FM Section 1.0b Family Life;
7. Family Life as the Parent of a Child in the UK
7.1. General
A summary of the stages of consideration for the 10-year parent route is provided in Section 3.5 of this guidance.
This section applies to applications for leave to remain and further leave to remain as the parent of a child in the UK, and where the child:
 is under the age of 18 years at the date of application; and
 is living in the UK; and
 is a British Citizen; or
 has lived in the UK continuously for at least the 7 years immediately preceding the date of application.
For details please follow the link above/below;
https://www.gov.uk/government/uploads/s ... t_2015.pdf
Cheers
Thank you so much zee Ali and Ojllaa for your straight forward and detailed guidance.

solaced
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by solaced » Wed Sep 09, 2015 5:52 am

Dear Zee Ali & Ojllaa !
After refusal from FTT on my Entrprnr visa, my application for permission to further appeal is, currently, in the process since last couple of weeks. If I am given permission to appeal against the FTT decision, I would be easily filling the gap of this 6 months period for my kids to be 7 years for applying Flr(FP)(because being so disappointed on enrepreneur visa refusal, i don't want to go with it, rather preferring 7 years route). If my application for permission is refused in couple of more weeks' time, the only option would be to apply directly to UTT for permission to appeal against the decision. Again, if permission is granted and during the hearing date my children would be completing their 7 years period, but if this second application is also refused for permission, what best option could, you think, be available to me to linger on this period of 6 or 4 months. Someone told me that JR fee is very high. Currently, can't afford for 4 of us. Please advise any ither option, if known. Thanks

sy5431
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by sy5431 » Wed Sep 09, 2015 1:35 pm

Dear Sir,
I would need your kind advice in my case.
I have been in UK continuously since May 2010 along with my wife & son (son born in Aug 2006 – now 9 year old). I am an IT professional. below are the details on my current and past visa:
1. May 2010 to August 2011 – Tier 2 ICT
2. Aug 2011 to Aug 2013 – Tier 1 General
3. Sep 2013 to till date – Tier 2 ICT (I couldn’t applied for Tier 1 extension because could not meet requirement of 75k income and instead shifted back to Tier 2 ICT under new rule, max stay till Sep 2018)

In the current rule I think I have only option left is to go for ‘7 year child concession rule’ after May 2017. When my son will complete 7 years of continuous stay in UK and will be 10+ years of age. Although it is too early but I would like understand strength of my case accordingly I can do future planning.
Additional points for your consideration:
Me & my wife are from same country (India) & living together since marriage.
My son was born in India but immediately shifted to another country along with us as my last assignment was outside India for 3+ years.
We came to UK directly after above assignment (never worked in India since Feb 2007)
My son has been going to school since the age of 4 in UK. (last 5 years)
If there is any strength in my case then only I will keep a hope otherwise start planning to settle back in India.

solaced
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by solaced » Wed Sep 09, 2015 9:55 pm

Hi sy5431 !
If you read posts of zee Ali & Ojllaa above, you will find the answers of almost all of your questions.

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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by jupiter2016 » Thu Sep 10, 2015 3:31 pm

Decision made: they refused my application . And didnt give in country right of appeal. Please any one having same situation ? Please need advice from members and from GURUS as well, really appriciate.

Daniel97
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Daniel97 » Thu Sep 10, 2015 8:41 pm

Feefa wrote:Hi everyone
Please i need URGENT help, those anyone know if i will be given back my passport for sameday visa appointment together with the other documents?
My appointment is in glasgow On tuesday and i will be going by plane, so will definately need my passport back.

Am applying for flr fp based on partner 10year route he has ILR and my daughter is british citizen ... Also do i have to go with them to the appointment or can i go alone?

Thank you very much

Yes,your passport will be given back to you on the same day but your biometric will be retain and new one will be posted to you,
You can also go alone as long as your application is based on extension,
Remember to fill your form and photocopy all documents,you are taking as the original documents will be given back to but they will retain all photocopies of necessary documents,
In addition,remember to pay your NHS charges online,
GOOD LUCK!!!

jupiter2016
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by jupiter2016 » Fri Sep 11, 2015 7:50 am

jupiter2016 wrote:
Flr o - applied in March 2015. Biometric done- April 2015. Still waiting for decision.
Got decision yesterday. Refused with out of country right of appeal

Babui
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Babui » Fri Sep 11, 2015 11:22 am

Hi
Haven't seen any current timeline for FLR FP
Recently apply FP for myself and separately wife + over 3 year son

Applications submit 28th August
Received 1st September by post
Money deducted for my wife application 3rd September
Haven't get any acknowledgement letters
It's been nearly 2 weeks
Is it normal or I need to start contact ukvi
Thanks

priscaltony
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by priscaltony » Sat Sep 12, 2015 8:38 pm

Hello everyone

Here we go, the timeline of my long fought visa battle and hopefully is has now ended (Lets hope)

Immigration history

Came here on a visiting visa in 2006 with my 2 kids
changed to a student dependant in 2007
Gave birth to my 3rd child in 2007
Student visa until 2010
Changed visa in 2010 to post study work
Post study work visa until 2012
Just before the rules changed in 2012, made a family visa on form flro in 2012
Visa refused in 2013 with a right of appeal
Appeal listed for February 2014 and withdrawn on the same day by the HO
A new refusal letter in June 2014 with another right of appeal
2nd appeal held in August 2014 but refused
Appeal to First Tier Tribunal (FT) to fo to Upper Tribunal (UT)
Appeal granted in Sept.2014 to UT
Appeal held in June 2015
Appeal allowed and decision was communicated verbally on the day
Detrmination letter received in August 2015
Waiting time passed, but hey you never can predict HO
I am strongly trying to believe everything has now ended and closer to the end of the whole saga.
So yeah! That is it, we have used solicitor all the way and we were not awarded any fees.

Grecia01
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Grecia01 » Sun Sep 13, 2015 12:12 am

Babui wrote:Hi
Haven't seen any current timeline for FLR FP
Recently apply FP for myself and separately wife + over 3 year son

Applications submit 28th August
Received 1st September by post
Money deducted for my wife application 3rd September
Haven't get any acknowledgement letters
It's been nearly 2 weeks
Is it normal or I need to start contact ukvi
Thanks
Hopefully you should get acknowledgement in the new week.

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