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

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Ifemi
Newly Registered
Posts: 19
Joined: Sat Nov 15, 2014 9:26 am

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

Post by Ifemi » Fri Oct 30, 2015 6:33 am

Hi kukuswife
Just to update you my application was successful for the 7 yrs child concession, remember I didn't apply for the children bcos I can't afford the fees, my first child will be 10 yrs in 2 yrs time, I will apply for her tru form T and my other children doesn't need it now, bcos we won't be travelling anywhere, I have no where to travel to.hope this is ok. Thank you so much for ur advice and help with filling the form, am Grateful to Godvand you, you are the only one that reply to my messages on this blog, I really appreciate. Once again thank you and God bless you, Amen.

Blaxe
Newly Registered
Posts: 7
Joined: Sat May 10, 2014 8:54 pm

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

Post by Blaxe » Mon Nov 02, 2015 10:45 am

Obie wrote:I am glad you succeeded in the End.

Life is a teacher. Prepare for the long road to ILR eventually.
Hello obie, PlsI need your advice on my case. I received 30 months flr fp visa last year and got married this year but I haven't work since then.My wife works and earn more than threshold home office demand. My concern is 1- Will me not working affect my renewal ?
2 - Can I cross from my 10yrs route to 5 yrs route since I ve got married and qualify for the threshold. Thanks

joelondon
Member of Standing
Posts: 491
Joined: Wed Oct 01, 2008 10:16 pm
Location: london

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

Post by joelondon » Mon Nov 02, 2015 5:30 pm

Hi moderators and obie

I need your help to guide me choosing the form to apply for my wife for her flr fp or flr m !
I am British citizen and my wife is non-eu citizen .. She came here with a visitor visa... Within her stay she got pregnant and overstayed her visa ... She came on September 2014 .
Now we have a newborn baby daughter she is 1 month old and British citizen as I applied for her passport ..
My wife passed the English test back home before she came as we thought we will be applying for her spouse visa from home ! Unfortunately it wasn't the case.
My wife is a doctor and we are sending her degree to uk naric to have the comparability !
I m the husband and we have been married for 15months ...
Now. My question is do I have to use the flr m form or flr fp based on our bristish child ?

If after using the flr fp 10 years route can I change it to 5 year route after the first 30 month ! ?

I was a self employed for the last 3 years but now m starting a job that pays 19k ! M a bit confused if we go for the 10years or the 5 years route?
Can I apply now or I need to wait ?
The document that m willing to send are :

Wife:
- marriage certificate with English translation
- gp registration letter for my wife
-her passport
- broadband and landline utility bills
-Uk NARIC comparability certificate (doctor)
- Gp letters
-British council cambridge English certificate
-confirmation of entry and time table for the test
-statement of result

Daughter :

-British passport
-original birth certificate
-Gp registration letter

Husband:

-British passport
-driving licence + counterpart
-payslips
-self-employed accountancy letter
-bank statement
-tenancy agreement
-Gp registration letter
-council tax bill
- child benefit letter on my name only
-electricity and gas bill on my name
- Electoral role registration letter
-ihs surcharge fee for the first 2and half years
-Proof of registration with HMRC as self-employed.
Unique Tax Reference Number (UTR)
-Evidence of ongoing self-employment through evidence of payment of Class 2 National

Please do let me know if I need to added more Document !
Hope to her an answer guys and thank you for your time !
Some people are so poor, the only thing they have is money

Younaf
Newly Registered
Posts: 20
Joined: Fri Feb 13, 2015 11:56 am
Pakistan

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

Post by Younaf » Mon Nov 02, 2015 10:15 pm

GodGives wrote:
Younaf wrote:
Younaf wrote:Hello all members

I have pending FLR FP application

Application made :05 May 2015
Acknowledge and bio metric + ECHR letter: 21 May 2015
Bio done: 25/5/15
Home office instructed my employer to stop me working because application made after previous leave expired: 13th Aug 2015
Spoke to home office several times since then


development

Spoke to home office in 23/10/15

They advised that the sent a letter to my lawyer on 22/10/15 by recorded delivery and provided with tracking number KX ******** GB.

further development in Saga UKBA


There is no tracking number, no post has been sent out. No decision has been made.
They've no idea why somebody answering call gave me a tracking number.
So nothing to cheer about still waiting for outcome.
Hi I will advice you to call homeoffice again and verify they have sent you a decision. If they have, check on the post office website to see if its been delivered.,..these things can happen so be sure there is no mix up. All the best
Nothig new from home office, still the standard message, your case is still pending no document has gone out.

Will update if any news come along

joelondon
Member of Standing
Posts: 491
Joined: Wed Oct 01, 2008 10:16 pm
Location: london

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

Post by joelondon » Tue Nov 17, 2015 7:26 pm

Grecia01 wrote:
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
Have you gotten your acknowledgement from the HO yet ?
Any new from your side Garcia01
Some people are so poor, the only thing they have is money

Grecia01
Newly Registered
Posts: 18
Joined: Thu Jul 09, 2015 11:33 am

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

Post by Grecia01 » Tue Nov 17, 2015 8:30 pm

No response yet @joelondon. Did you apply of recent as well? Aside acknowledgement and biometric, it's still a waiting game.
joelondon wrote:
Grecia01 wrote:
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
Have you gotten your acknowledgement from the HO yet ?
Any new from your side Garcia01

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

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

Post by Zee ali » Fri Nov 20, 2015 6:38 am

I applied my wife flr m and here is the timeline.
FLR(M) application sent to HO: 02/04/15
Acknowledgement letter Received on 13/04/2015 (Dated 09/04/2015)
Twist in the story HO sent a letter that your sponsor (me) is not settled yet (As my ILR application was pending). HO attached FLR FP form with the letter to fill in within 10 days otherwise application will be invalid. Letter dated 15/04/2015.My genius solicitor only filled the parent route in flr fp form. As i have 2 UK born kids.
Filled flr fp and sent on 20/04/2015.

Another twist HO sent few pages of FLR FP back and marked the pages to fill in Partner route as well within 10 days otherwise application will be invalid. Letter dated 07/05/2015.
Filled marked flr fp pages and sent on 10/05/2015.
Biometric letter: 27/05/15
Biometrics enrolled at PO: 18/06/15
I got ILR on 23/06/15. Sent ILR copy to caseworker.
I applied 2 kids MN1 on 30/06/2015
First kid Registration certificate as BC Received on 13/11/2015
2nd kid Registration Certificate as BC Received on 16/11/2015
wife BRP received through DX Courier: 18/11/15

When i submitted my wife flr m we requested HO to put her application on hold until i get my ILR but caseworker has other plans. At the end thankful to her that at least she granted us leave to remain for 30 months .
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

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

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

Post by smir » Fri Nov 20, 2015 5:08 pm

What a twisting story :mrgreen:
Zee ali wrote:I applied my wife flr m and here is the timeline.
FLR(M) application sent to HO: 02/04/15
Acknowledgement letter Received on 13/04/2015 (Dated 09/04/2015)
Twist in the story HO sent a letter that your sponsor (me) is not settled yet (As my ILR application was pending). HO attached FLR FP form with the letter to fill in within 10 days otherwise application will be invalid. Letter dated 15/04/2015.My genius solicitor only filled the parent route in flr fp form. As i have 2 UK born kids.
Filled flr fp and sent on 20/04/2015.

Another twist HO sent few pages of FLR FP back and marked the pages to fill in Partner route as well within 10 days otherwise application will be invalid. Letter dated 07/05/2015.
Filled marked flr fp pages and sent on 10/05/2015.
Biometric letter: 27/05/15
Biometrics enrolled at PO: 18/06/15
I got ILR on 23/06/15. Sent ILR copy to caseworker.
I applied 2 kids MN1 on 30/06/2015
First kid Registration certificate as BC Received on 13/11/2015
2nd kid Registration Certificate as BC Received on 16/11/2015
wife BRP received through DX Courier: 18/11/15

When i submitted my wife flr m we requested HO to put her application on hold until i get my ILR but caseworker has other plans. At the end thankful to her that at least she granted us leave to remain for 30 months .

Innocent15
Newly Registered
Posts: 10
Joined: Sun Nov 22, 2015 6:15 pm

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

Post by Innocent15 » Sun Nov 22, 2015 6:33 pm

kingmk wrote:OVERSTAYER SINCE 2013.
EX PARTNER BRITISH
TWO BRITISH CHILDREN
Application FLR (FP)
sent via post 23.09. 2015
received by HO 24. 09.2015
ACKNOWLEDGEMENT & ECHR LETTER: 05/10/2015.
BIOMETRIC LETTER + REQUEST FOR IHS NUMBER: 29.10/2015.
BIOMETRIC DONE: 29:10.2015
AWAITING DECISION.
Hey kingmk
I'm new here. My ex partner is in the same situation as you, he was refused an extension on his student visa and has overstayed since 2010. I am britsh and we have one child together who is also British. We are not together but he is looking to apply for flr fp based on having a britsh child, What evidence did you submit to the HO with your application? Thanks in advance

Maliksahb
Member
Posts: 108
Joined: Fri Dec 14, 2012 5:46 pm
Location: UK

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

Post by Maliksahb » Mon Nov 23, 2015 1:36 pm

Hello all,

My brother discretionary leave on the base of seven years child was accepted in the Judicial review but later on
home office challenge that decision and during appeal other upper court judge sent the case back to previous
court to reconsider it
My nephew can not speak Urdu except few wordings so if he will go back to Pakistan then school will admit him
from nursery that will be waste of his time a lot. Urdu , English and Match are compulsory in Pakistan schools
So my question is there anywhere we can independently test his Urdu language skills to give that report as evidence in court that if this child will go back then his time will waste a lot.

Any one can advice about Urdu language testing center? Any help be will greatly appreciated!!!

october2013
Junior Member
Posts: 72
Joined: Mon Oct 14, 2013 7:11 pm

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

Post by october2013 » Tue Nov 24, 2015 11:30 am

Hello all

I need your advise on my hubby's case. In 2013 we applied for 7 yr discretionary leave (hubby was on PSW and i and our child were dependants, our child was 7yrs at the time)
The HO denied the application and we appealed through FTT and UTT - We used solicitors from the initial application through the UTT appeal process.
We had the UTT hearing in July 2014 and whilst waiting for the response, i clocked 10yrs and applied for my ILR which i recieved in 2015. The UTT upheld the HO decision so hubby and child appealed to the High court. We did this by ourselves cos at this point we had already spent about £7000 on applications and legal fees.

When i recieved my ILR in March 2015, i wrote to withdraw my child from the appeal and applied for MN1 (british citizenship for him), we have recieved his certificate and already applied for his passport

My hubby had his hearing today (no lawyer) at the High Court and the Judge said he could not make a decision due to the substantial change in circumstances (ie spouse now indefinite leave and child now a british citizen)
The Judge said he would write to the HO to send a representative and would have to reschedule the hearing because he does not know what the law is in this type of situation. Hence, Hubby is still on 3C

So my questions are

It is obviously difficult to start explaining to employers the 3C process however hubby wants to apply for FLR FP or FLR (M) and we were hoping they would make a decision today but the judge hasnt

Can he write to the HO for a new application or reconsideration
Do you know how long it would take the HO to respond to the High Court Judge and how long it would take to get another hearing date?
Hubby would be 10 yrs next year so is it worth waiting
Has anyone been in a similar situation and what did they do?
Any advise would be helpful please dont read and just scroll down

priscaltony
Junior Member
Posts: 52
Joined: Sat Jun 14, 2014 6:12 pm

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

Post by priscaltony » Tue Nov 24, 2015 4:13 pm

@october2013

I have not been in this situation but I could have as my husband also clocked 10 years whilst we were waiting for our family application appeal at the UT. During the wait he applied for ILR as we thought he would be able to since he is not the main applicant of the family application. However, HO rejected his application saying he had a pending appeal.

Although before the hearing date at the UT, my solicitor wrote to UT to notify them of our change in circumstances but he did not ask for the ground to change. For this, the UT judge disregarded the letter and on the hearing date my solicitor advised that we did not stand a chance of winning on the 7 years rule as the rule was tough at the time but he planned to change it to my husband status.

He pushed his plan to UT judge but he refused to change this argued that the court were not notified neither was the respondent notified of the new development in our circumstances. Hence, the appeal was decided on the original ground, which thankfully was allowed.

I would have thought the court of appeal would have just accepted your husband appeal since yourself and child circumstances have changed. However, in my opinion I will advise your husband not to withdraw his appeal to apply for another route due to your change in circumstances. His employer could not stop him from working and if they want any prove he should advise them to use the employer checking service.

If he withdraws that will automatically terminate his 3c leave and he would be applying outside leave. In essence, I think he should continue to wait until when it is resolved, they can’t refuse him in any case, but withdrawer is at his own risk. And many things are at stake if he withdraws. My opinion.


october2013 wrote:Hello all

I need your advise on my hubby's case. In 2013 we applied for 7 yr discretionary leave (hubby was on PSW and i and our child were dependants, our child was 7yrs at the time)
The HO denied the application and we appealed through FTT and UTT - We used solicitors from the initial application through the UTT appeal process.
We had the UTT hearing in July 2014 and whilst waiting for the response, i clocked 10yrs and applied for my ILR which i recieved in 2015. The UTT upheld the HO decision so hubby and child appealed to the High court. We did this by ourselves cos at this point we had already spent about £7000 on applications and legal fees.

When i recieved my ILR in March 2015, i wrote to withdraw my child from the appeal and applied for MN1 (british citizenship for him), we have recieved his certificate and already applied for his passport

My hubby had his hearing today (no lawyer) at the High Court and the Judge said he could not make a decision due to the substantial change in circumstances (ie spouse now indefinite leave and child now a british citizen)
The Judge said he would write to the HO to send a representative and would have to reschedule the hearing because he does not know what the law is in this type of situation. Hence, Hubby is still on 3C

So my questions are

It is obviously difficult to start explaining to employers the 3C process however hubby wants to apply for FLR FP or FLR (M) and we were hoping they would make a decision today but the judge hasnt

Can he write to the HO for a new application or reconsideration
Do you know how long it would take the HO to respond to the High Court Judge and how long it would take to get another hearing date?
Hubby would be 10 yrs next year so is it worth waiting
Has anyone been in a similar situation and what did they do?
Any advise would be helpful please dont read and just scroll down

october2013
Junior Member
Posts: 72
Joined: Mon Oct 14, 2013 7:11 pm

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

Post by october2013 » Tue Nov 24, 2015 5:14 pm

priscaltony wrote:@october2013

I have not been in this situation but I could have as my husband also clocked 10 years whilst we were waiting for our family application appeal at the UT. During the wait he applied for ILR as we thought he would be able to since he is not the main applicant of the family application. However, HO rejected his application saying he had a pending appeal.

Although before the hearing date at the UT, my solicitor wrote to UT to notify them of our change in circumstances but he did not ask for the ground to change. For this, the UT judge disregarded the letter and on the hearing date my solicitor advised that we did not stand a chance of winning on the 7 years rule as the rule was tough at the time but he planned to change it to my husband status.

He pushed his plan to UT judge but he refused to change this argued that the court were not notified neither was the respondent notified of the new development in our circumstances. Hence, the appeal was decided on the original ground, which thankfully was allowed.

I would have thought the court of appeal would have just accepted your husband appeal since yourself and child circumstances have changed. However, in my opinion I will advise your husband not to withdraw his appeal to apply for another route due to your change in circumstances. His employer could not stop him from working and if they want any prove he should advise them to use the employer checking service.

If he withdraws that will automatically terminate his 3c leave and he would be applying outside leave. In essence, I think he should continue to wait until when it is resolved, they can’t refuse him in any case, but withdrawer is at his own risk. And many things are at stake if he withdraws. My opinion.


october2013 wrote:Hello all

I need your advise on my hubby's case. In 2013 we applied for 7 yr discretionary leave (hubby was on PSW and i and our child were dependants, our child was 7yrs at the time)
The HO denied the application and we appealed through FTT and UTT - We used solicitors from the initial application through the UTT appeal process.
We had the UTT hearing in July 2014 and whilst waiting for the response, i clocked 10yrs and applied for my ILR which i recieved in 2015. The UTT upheld the HO decision so hubby and child appealed to the High court. We did this by ourselves cos at this point we had already spent about £7000 on applications and legal fees.

When i recieved my ILR in March 2015, i wrote to withdraw my child from the appeal and applied for MN1 (british citizenship for him), we have recieved his certificate and already applied for his passport

My hubby had his hearing today (no lawyer) at the High Court and the Judge said he could not make a decision due to the substantial change in circumstances (ie spouse now indefinite leave and child now a british citizen)
The Judge said he would write to the HO to send a representative and would have to reschedule the hearing because he does not know what the law is in this type of situation. Hence, Hubby is still on 3C

So my questions are

It is obviously difficult to start explaining to employers the 3C process however hubby wants to apply for FLR FP or FLR (M) and we were hoping they would make a decision today but the judge hasnt

Can he write to the HO for a new application or reconsideration
Do you know how long it would take the HO to respond to the High Court Judge and how long it would take to get another hearing date?
Hubby would be 10 yrs next year so is it worth waiting
Has anyone been in a similar situation and what did they do?
Any advise would be helpful please dont read and just scroll down
Thank you priscaltony. More advice please

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

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

Post by Zee ali » Wed Nov 25, 2015 12:01 am

october2013 wrote:Hello all

I need your advise on my hubby's case. In 2013 we applied for 7 yr discretionary leave (hubby was on PSW and i and our child were dependants, our child was 7yrs at the time)
The HO denied the application and we appealed through FTT and UTT - We used solicitors from the initial application through the UTT appeal process.
We had the UTT hearing in July 2014 and whilst waiting for the response, i clocked 10yrs and applied for my ILR which i recieved in 2015. The UTT upheld the HO decision so hubby and child appealed to the High court. We did this by ourselves cos at this point we had already spent about £7000 on applications and legal fees.

When i recieved my ILR in March 2015, i wrote to withdraw my child from the appeal and applied for MN1 (british citizenship for him), we have recieved his certificate and already applied for his passport

My hubby had his hearing today (no lawyer) at the High Court and the Judge said he could not make a decision due to the substantial change in circumstances (ie spouse now indefinite leave and child now a british citizen)
The Judge said he would write to the HO to send a representative and would have to reschedule the hearing because he does not know what the law is in this type of situation. Hence, Hubby is still on 3C

So my questions are

It is obviously difficult to start explaining to employers the 3C process however hubby wants to apply for FLR FP or FLR (M) and we were hoping they would make a decision today but the judge hasnt

Can he write to the HO for a new application or reconsideration
Do you know how long it would take the HO to respond to the High Court Judge and how long it would take to get another hearing date?
Hubby would be 10 yrs next year so is it worth waiting
Has anyone been in a similar situation and what did they do?
Any advise would be helpful please dont read and just scroll down
R u full filling £18600 financial requirement for flr m? if yes than did your husband passed A1 english test?

Keep in mind from 5 november HO only accepting language test done at selt test centres. I think no because u dont have passports since 2013. Your husband done any bachelor or master degree from UK if yes than u can use it. if no than flr m is out of question.

u can withdraw his appeal and get the confirmation of withdrawal and apply flr fp under 10 years partner route within 28 days of appeal withdrawal.

if your husband 10 years r completing next year than stick with appeal.if section 3c still engage.
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

Maliksahb
Member
Posts: 108
Joined: Fri Dec 14, 2012 5:46 pm
Location: UK

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

Post by Maliksahb » Wed Nov 25, 2015 9:20 am

Maliksahb wrote:Hello all,

My brother discretionary leave on the base of seven years child was accepted in the Judicial review but later on
home office challenge that decision and during appeal other upper court judge sent the case back to previous
court to reconsider it
My nephew can not speak Urdu except few wordings so if he will go back to Pakistan then school will admit him
from nursery that will be waste of his time a lot. Urdu , English and Match are compulsory in Pakistan schools
So my question is there anywhere we can independently test his Urdu language skills to give that report as evidence in court that if this child will go back then his time will waste a lot.

Any one can advice about Urdu language testing center? Any help be will greatly appreciated!!!


Any one can help on this?

Innocent15
Newly Registered
Posts: 10
Joined: Sun Nov 22, 2015 6:15 pm

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

Post by Innocent15 » Wed Nov 25, 2015 2:32 pm

Hi can anyone help please. My ex partner is was refused an extension on his student visa and has overstayed since 2011. I am britsh and we have a 4 month old child together who is also British. We are not together but he plays an active role in raising our child, he is looking to apply for flr fp based on having a britsh child, What evidence should be submit to the HO with his application? And what is the likelihood that he will be successful. He is from Nigeria and if he was to get sent back it would be unfair for our son as he would be denied a father who is brilliant with him. This is ultimately for the best interest of our child
Thanks in advance

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

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

Post by Zee ali » Thu Nov 26, 2015 1:48 am

Innocent15 wrote:Hi can anyone help please. My ex partner is was refused an extension on his student visa and has overstayed since 2011. I am britsh and we have a 4 month old child together who is also British. We are not together but he plays an active role in raising our child, he is looking to apply for flr fp based on having a britsh child, What evidence should be submit to the HO with his application? And what is the likelihood that he will be successful. He is from Nigeria and if he was to get sent back it would be unfair for our son as he would be denied a father who is brilliant with him. This is ultimately for the best interest of our child
Thanks in advance
Family life as a partner (10-year route)

You must meet the eligibility requirements for the partner routes and you must also be in one of these situations:
there are serious reasons you and your partner can’t live together as a couple in another country
you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it wouldn’t be in their best interests to leave the UK with you

Parent routes
‘Parent’ means:
a natural (biological) parent
an adoptive parent
a step-parent where the biological parent has died
If the child was born in the UK but isn’t a British citizen and their birth parents are unable to look after them, anyone who takes on parental responsibility will also be considered a parent.

If the child lives with you
You need to have either:
sole parental responsibility
shared responsibility and the child’s other parent is a British citizen or is settled in the UK
If the child lives with their other parent or carer

You must:
have access to the child in person, as agreed with the other parent or carer or by a court order
have shared responsibility for looking after the child
not be the partner of the child’s other parent
not eligible to apply for a visa as a partner
You must be able to prove that:

you and the child are both living in the UK
the child is under 18 or was under 18 when you applied for a ‘family of a settle person visa’ to join them
you’re continuing to take an active role in the child’s upbringing
Read the guidance for parents if your child lives with their other parent or carer.
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

RMCLL
Newly Registered
Posts: 1
Joined: Thu Nov 26, 2015 2:54 pm

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

Post by RMCLL » Thu Nov 26, 2015 3:06 pm

Hi everyone
Please, any help ot advise -
I get a letter from Home Office-
What can it mean - -
"You have requested leave to remain outside the immigration rules which are complex in nature. As such it falls outside our normal service standards for deciding leave to remain applications. Please be assured that we will make decision on your case as quickly as possible."
Do I have to do something about it? Write any letter to Home Office? Explain someth or ..?
Thank you...

patel324
Newbie
Posts: 31
Joined: Thu Nov 19, 2015 9:07 am

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

Post by patel324 » Thu Nov 26, 2015 3:52 pm

Apply for FLR(fp) British child age over 18 student visa expire

Date Applied/Docs sent: 27/10/2015
Date Received Ack. Letter: 20/10/2015
Date Biometrics booking letter arrived: Waiting
Date Biometrics Done at PO : Waiting
Date Passport/Docs received from HO: Waiting
Date Biometrics received : Waiting
Visa Type : FLR(FP)

Anybody apply FLR(FP) ?... Any updeat place share with me :( :( :(

Innocent15
Newly Registered
Posts: 10
Joined: Sun Nov 22, 2015 6:15 pm

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

Post by Innocent15 » Thu Nov 26, 2015 6:59 pm

Zee ali wrote:
Innocent15 wrote:Hi can anyone help please. My ex partner is was refused an extension on his student visa and has overstayed since 2011. I am britsh and we have a 4 month old child together who is also British. We are not together but he plays an active role in raising our child, he is looking to apply for flr fp based on having a britsh child, What evidence should be submit to the HO with his application? And what is the likelihood that he will be successful. He is from Nigeria and if he was to get sent back it would be unfair for our son as he would be denied a father who is brilliant with him. This is ultimately for the best interest of our child
Thanks in advance
Family life as a partner (10-year route)

You must meet the eligibility requirements for the partner routes and you must also be in one of these situations:
there are serious reasons you and your partner can’t live together as a couple in another country
you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it wouldn’t be in their best interests to leave the UK with you

Parent routes
‘Parent’ means:
a natural (biological) parent
an adoptive parent
a step-parent where the biological parent has died
If the child was born in the UK but isn’t a British citizen and their birth parents are unable to look after them, anyone who takes on parental responsibility will also be considered a parent.

If the child lives with you
You need to have either:
sole parental responsibility
shared responsibility and the child’s other parent is a British citizen or is settled in the UK
If the child lives with their other parent or carer

You must:
have access to the child in person, as agreed with the other parent or carer or by a court order
have shared responsibility for looking after the child
not be the partner of the child’s other parent
not eligible to apply for a visa as a partner
You must be able to prove that:

you and the child are both living in the UK
the child is under 18 or was under 18 when you applied for a ‘family of a settle person visa’ to join them
you’re continuing to take an active role in the child’s upbringing
Read the guidance for parents if your child lives with their other parent or carer.

Hey thank you so much.

kingmk
Newly Registered
Posts: 11
Joined: Tue Aug 04, 2015 3:13 pm

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

Post by kingmk » Fri Nov 27, 2015 1:25 pm

Innocent15 wrote:
Zee ali wrote:
Innocent15 wrote:Hi can anyone help please. My ex partner is was refused an extension on his student visa and has overstayed since 2011. I am britsh and we have a 4 month old child together who is also British. We are not together but he plays an active role in raising our child, he is looking to apply for flr fp based on having a britsh child, What evidence should be submit to the HO with his application? And what is the likelihood that he will be successful. He is from Nigeria and if he was to get sent back it would be unfair for our son as he would be denied a father who is brilliant with him. This is ultimately for the best interest of our child
Thanks in advance
Family life as a partner (10-year route)

You must meet the eligibility requirements for the partner routes and you must also be in one of these situations:
there are serious reasons you and your partner can’t live together as a couple in another country
you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it wouldn’t be in their best interests to leave the UK with you

Parent routes
‘Parent’ means:
a natural (biological) parent
an adoptive parent
a step-parent where the biological parent has died
If the child was born in the UK but isn’t a British citizen and their birth parents are unable to look after them, anyone who takes on parental responsibility will also be considered a parent.

If the child lives with you
You need to have either:
sole parental responsibility
shared responsibility and the child’s other parent is a British citizen or is settled in the UK
If the child lives with their other parent or carer

You must:
have access to the child in person, as agreed with the other parent or carer or by a court order
have shared responsibility for looking after the child
not be the partner of the child’s other parent
not eligible to apply for a visa as a partner
You must be able to prove that:

you and the child are both living in the UK
the child is under 18 or was under 18 when you applied for a ‘family of a settle person visa’ to join them
you’re continuing to take an active role in the child’s upbringing
Read the guidance for parents if your child lives with their other parent or carer.

Hey thank you so much.
I will advice you thread carefully over your ex application.
first point is your child is only 4months... and he is already an ex, indicating that he left your while you are pregnant with the baby or within four months of having the baby for him. this will raise doubt/question over how responsible a father or partner he is or will be.
i will advice that if you care enough for him so much that you seek help on his behalf, you get back with him. its likely going to be difficult to prove any positive intention or parental role over a 4month old child. or let him wait till the child is at least 1year old and apply for the 10yrs route. being an overstayer wont make his application straight forward. he need to tick as much box as possible.

priscaltony
Junior Member
Posts: 52
Joined: Sat Jun 14, 2014 6:12 pm

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

Post by priscaltony » Fri Nov 27, 2015 6:05 pm

Hello forum

The visa trubulent journey is nearly over. We have just received a letter from HO that they have granted everyone of us 30 months. However, we need to complete an application for biometric, but all documents have been returned.

This journey started since July 2012, and I want to wish everyone waiting all the best. Please don't lose hope, percifier and triumph in the end.
:)
priscaltony wrote:Hi everyone

Yesterday I received a letter from HO, affirming my winning appeal and that they hope to implement judge’s decision.

However, I was asked to send our passports to Post Decision Case Unit in Sheffield. Passports were not returned with the HO refusal letter back in 2013, which means the passports are still with them.

I have written back to them to explain this. They didn't say how long it will take before our visas and documents are sent to us. Anyone knows how long t usually takes post decision unit to issue visa?

Thanks
priscaltony wrote: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.

joelondon
Member of Standing
Posts: 491
Joined: Wed Oct 01, 2008 10:16 pm
Location: london

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

Post by joelondon » Fri Nov 27, 2015 6:33 pm

[quote="priscaltony"]Hello forum

The visa trubulent journey is nearly over. We have just received a letter from HO that they have granted everyone of us 30 months. However, we need to complete an application for biometric, but all documents have been returned.

This journey started since July 2012, and I want to wish everyone waiting all the best. Please don't lose hope, percifier and triumph in the end.
:)

Congratulation and all the best ... Wish me good luck and remember me in your prayer .. Well done
Some people are so poor, the only thing they have is money

Innocent15
Newly Registered
Posts: 10
Joined: Sun Nov 22, 2015 6:15 pm

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

Post by Innocent15 » Sat Nov 28, 2015 6:42 pm

I will advice you thread carefully over your ex application.
first point is your child is only 4months... and he is already an ex, indicating that he left your while you are pregnant with the baby or within four months of having the baby for him. this will raise doubt/question over how responsible a father or partner he is or will be.
i will advice that if you care enough for him so much that you seek help on his behalf, you get back with him. its likely going to be difficult to prove any positive intention or parental role over a 4month old child. or let him wait till the child is at least 1year old and apply for the 10yrs route. being an overstayer wont make his application straight forward. he need to tick as much box as possible.[/quote]

Hi I think some of your advice is quite judgemental and based on opinions and not facts. All you knew is that we are no longer together NOT who left who. Regardless if our child is four months or four years it is up to us to prove that we fit the criteria outlined in the guidence notes which I believe that we can. we will not simple get back together if we are not meant to be together-we co parent just fine and remain friends.
We have sort legal advice and will submit an application next week.

tolu24
Newly Registered
Posts: 1
Joined: Mon Nov 30, 2015 4:22 pm

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

Post by tolu24 » Mon Nov 30, 2015 4:33 pm

Hi,

I wanted to know what you thought the chances were for my husbands case.

We have been in a relationship for 7 years and got married legally in October but had our church wedding in July we were engaged for a year and a half he had an application with the home office that was rejected with right to appeal out of country in June and he was asked to start signing on every 2 weeks.

However they have been aware of our relationship since September 2012 and knew we wanted to get married at some point.

we put in an application on the 2nd November flr fp as he is an overstayer.

I meet the financial requirements easily but we do not have a child and I wanted to know how likely it was to be rejected based on the fact that he had a previous application that was rejected and he was asked to leave. Shortly after we got married although we had been planning our wedding for over a year

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