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what forms do i need ?

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Anu4real
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what forms do i need ?

Post by Anu4real » Mon Dec 16, 2019 1:51 am

Good day
i am on limited leave to remain as the parent of a british child who lives with me, i met my wife who came here to do her masters and we got married a few months ago, i know i cant make a spouse application since i am not a settled person in the uk, so i am hoping to make an application based on human rights outside of the immigration rules, so i have the following question

1) what form am i going to use, the FLR(FP) or the FLR(HRO) or the FLR(IR)

Am a bit confused as it seems the FLR(IR) would suit me but then it says here

dependant joiners who are applying separately from the main applicant – dependants of a person who has limited leave to enter or remain in the UK, not including dependants of a person with leave under the points based system or dependants of a person in the UK with leave on the basis of family or private life

i got my limited leave to remain on the basis of my british daughter so those that mean i cant use the form ?
i need to make an application soon and i dont want to mess this up, so will be grateful for help concerning this issue

geoeng
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Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: what forms do i need ?

Post by geoeng » Mon Dec 16, 2019 9:47 am

Guidance on leave outside the immigration rules:
https://assets.publishing.service.gov.u ... 1.0ext.pdf

Guidance on FLR(FP):
https://assets.publishing.service.gov.u ... .0-ext.pdf

"Legislation was changed to bring the majority of family and private life cases under part 7 paragraph 276ADE(1) and Appendix FM of the Immigration Rules. In relation to family and private life cases, there will be a consideration of any exceptional circumstances that apply – for family life cases this is built into Appendix FM of the Immigration Rules and for private life cases this consideration is done outside of the Immigration Rules."

This generally indicates family-related applications are typically done using the FLR(FP) route, which does consider human rights cases. This is not particularly the easiest or quickest application process, if you are really concerned about making mistakes or missing something important you may want to consider professional assistance on what type of case to make.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Anu4real
Newbie
Posts: 45
Joined: Wed Nov 30, 2016 3:06 pm

Re: what forms do i need ?

Post by Anu4real » Tue Dec 31, 2019 2:53 am

thank you so much for this

Amber
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Re: what forms do i need ?

Post by Amber » Thu Jan 09, 2020 6:58 am

Anu4real wrote:
Thu Jan 09, 2020 4:33 am
was doing my research and came across this statment

Partners of persons who have or have had leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K)

what is the difference between limited leave to remain for those granted under paragraph 128-193 and those granted under paragraphs 135l-135k
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Amber
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Re: what forms do i need ?

Post by Amber » Thu Jan 09, 2020 6:58 am

135L to K is the Sectors-Based Scheme.
128 to 199 are those working in the UK being granted leave for that purpose. Neither of which is anything related to a human rights claim. Please stop plucking immigration rules out that have no relationship to what you are applying for, you’ll cause yourself unnecessary confusion.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Anu4real
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Posts: 45
Joined: Wed Nov 30, 2016 3:06 pm

Re: what forms do i need ?

Post by Anu4real » Wed Jan 15, 2020 3:43 am

Amber wrote:
Thu Jan 09, 2020 6:58 am
135L to K is the Sectors-Based Scheme.
128 to 199 are those working in the UK being granted leave for that purpose. Neither of which is anything related to a human rights claim. Please stop plucking immigration rules out that have no relationship to what you are applying for, you’ll cause yourself unnecessary confusion.
Am sorry if it appears i am a bit of a trouble, but i just wanted to be sure that we did not make an application using the wrong forms, i got a bit confused when i saw limited leave to remain for partners and just wanted to be double sure it has nothing to do with my situation

i am very glad for your help and explanation
thank you very much

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