FLR(O) DLR application after 9th july 2012 on article 8 not

fibonacci0044 · Post by **fibonacci0044** » Wed Aug 28, 2013 12:35 pm

Hi

If any one can help me in this regard would be really thank full, I have legally married my wife in august 2013 and my solicitor made me to applied for FLR(0) saying that it a 10 year indefinite rule and the only thing that i have to do is i can keep on applying for the visa again and again.

I want to know is this all correct will i get a visa? i think by far what i read over here its called DLR or discretionary leave to remain.

i applied for the FLR (O) while my previous visa status was valid

Although what i recently learned i came to find out that i cannot apply for DLR on Article 8 or right of family life after 9th july 2012.

any help would be greatly appreciated.

Post by **Amber** » Wed Aug 28, 2013 1:06 pm

DLR does not apply for new applicants since July 2012 under family life. It is now family life leave which is a 10 year route to settlement, extending the visa every 2.5 years.

However, how long have you been in the UK and what was your previous immigration status? Was any of this time as an overstayer and why did you not meet the requirements for flr(m)?

fibonacci0044 · Post by **fibonacci0044** » Wed Aug 28, 2013 4:41 pm

Thanks for the reply

i have been in uk for the last 5 years but on a student visa

i married legally on 22 nd of june 2013

as you said it is now family life leave which is 10 years i just read you cannot apply for DLR on article 8 and on the Private life unless one can show

if they can establish an
Article 8 claim under the rules e.g. on the basis of a child’s best interests.

so it means i need to make a claim under article 8 successfully to get this

para 14
http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

fibonacci0044 · Post by **fibonacci0044** » Wed Aug 28, 2013 4:47 pm

I have never been over stayed in uk and even now i have send my FLR O before my previous visa expired.

secondly she cannot sponsor me because of the 18600 thing that is killing everyone not just me

Post by **Amber** » Wed Aug 28, 2013 5:02 pm

Yes you may make a claim for article 8, but it is a 10 year route to settlement with no public funds, the old DLR was a 6 year route with public funds. You may be able to apply for settlement after 10 years legal stay in the UK also under set(lr).

When did you apply for flr(o)?

Does your partner have any disabled relatives i.e. grandparents etc? What Country are you from?

See also Surinder singh (click)

See also, Guidance on application of EX.1 – consideration of a child’s best interests under the family rules and in article 8 (click)

fibonacci0044 · Post by **fibonacci0044** » Wed Aug 28, 2013 7:54 pm

I have made an application for FLR O on 20th of June 2013 so its like 2 months by now i have received the HO reference no and the application submitted document.

more over i knew about the surinder singh case but cant follow that route because of a family situation and that is:

my wife's father died in last Nov 2012 after that her mother is doing well but not enough she have a heart problem doctor says it works only 60% or 30% and she i mean my wife's mum does n't want her to go far away so that's the main issue: although she have 3 sons and two other daughters as well living close by but she doesn't want any one of the children to move that's a pain for me.

Its like my wife's mum would suffer more if i will make my wife leave UK, I don't know if i can Use this on article 8 or the basis of my application.

by the way i am from Pakistan and my wife's been here for the last 14 years or 15 with her family.

really appreciate your help

Post by **Amber** » Wed Aug 28, 2013 8:46 pm

fibonacci0044 wrote:I have made an application for FLR O on 20th of June 2013 so its like 2 months by now i have received the HO reference no and the application submitted document.

more over i knew about the surinder singh case but cant follow that route because of a family situation and that is:

my wife's father died in last Nov 2012 after that her mother is doing well but not enough she have a heart problem doctor says it works only 60% or 30% and she i mean my wife's mum does n't want her to go far away so that's the main issue: although she have 3 sons and two other daughters as well living close by but she doesn't want any one of the children to move that's a pain for me.

Its like my wife's mum would suffer more if i will make my wife leave UK, I don't know if i can Use this on article 8 or the basis of my application.

by the way i am from Pakistan and my wife's been here for the last 14 years or 15 with her family.

really appreciate your help

I gather she's British. If your wife was caring for her ill mother and could claim carer's allowance you would be exempt from the financial requirement for the purpose of flr(m).

fibonacci0044 · Post by **fibonacci0044** » Thu Aug 29, 2013 10:09 am

hi

Thanks for everything what if i apply for the careers allowance now will that work?
and i think only giving health reason of her mother getting worse would not get me anything ... or would it?

thanks

Post by **Amber** » Thu Aug 29, 2013 10:19 am

Unfortunately, as your are from Pakistan and subject to immigration control you cannot claim carer's allowance. If your spouse was awarded CA at the time of your application, you would not be subject to the new financial requirement, she could stop the carer's allowance after you were awarded flr(m), though, would either need to claim again after 2.5 yrs when you reapply for flr(m) or meet the new financial requirement at that time. How long have you been here legally?

fibonacci0044 · Post by **fibonacci0044** » Thu Aug 29, 2013 10:39 am

been here for 5 years

and i know i cant get CA apart from i don't want it even if they give me 59.75 quid a week

by the way very much thanks to you for everything

so you suggest i should make a claim for CA by her to look after her mother?

Post by **Amber** » Thu Aug 29, 2013 10:44 am

It's an option for flr(m) [as to avoid the financial requirement] if she is claiming CA she can also work and earn £100 Net per week.

Post by **Amber** » Tue Oct 15, 2013 8:29 pm

fibonacci0044 wrote:Hi

every one if any one can help me out would be grateful

I have applied for a spouse visa and have submitted all the documents on FLR(O) and given my bio metrics as well last month in sep 2013 i was on a student for the last 5 years in uk, she is British.

some one told me if you talk to your solicitor or lawyer they can get you a full work allowed even while your application is in process

I want to know if this is Possible

cuz i will die working like this for 30 quid a night which are few and far apart and after travel sometime i m left with only 25 and my employer treats me like a dog as well, haven't even paid me my last weeks wages
after so much bullying.

thanks

Post by **Amber** » Tue Oct 15, 2013 8:30 pm

FLR(O) is not spouse leave.

If you made an in-time application then your permissions of leave will continue until a decision is made.

babu88 · Post by **babu88** » Tue Oct 15, 2013 9:56 pm

Hi

I really need an advice and help

Came as a student in March 2004

applied FLR(O) on 12 july 2012 with Private life on Article 8
Refused on 16 September 2013
Appealed 22 September 2013
Didn't get the hearing date yet
completing my 10 years leagally under Section 3C rule
Can I apply for ILR or if my appeal get heard before my time which is in March 2014 completing my ten years, I am really afraid of this.
Spent lot of years still struggling to survive?
Any advice will be really helpful........

Post by **Amber** » Tue Oct 15, 2013 10:25 pm

You can explain that you've qualified/soon to for SET(LR) at your appeal.

babu88 · Post by **babu88** » Tue Oct 15, 2013 10:59 pm

D4109125 wrote:You can explain that you've qualified/soon to for SET(LR) at your appeal.

Thanks for your time and for reply I really appreciate that.
Do you really think judge will consider that I am completing my ten years and on that basis he will grant me discretionary leave, do you have anykind of example where judge considered it ?
Further in worse scenario if judge don't consider it and I goes to upper tribunal and conplete my ten years then can I make my application on long residency.

Post by **Amber** » Wed Oct 16, 2013 7:40 am

page 25 wrote:The applicant completes 10 years continuous lawful residence while awaiting a
decision of an appeal
A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or
indefinite leave to remain, and submits an application for long residence, you must void the
case and refund the fee.

fibonacci0044 · Post by **fibonacci0044** » Wed Oct 16, 2013 9:50 am

Hi

every one if any one can help me out would be grateful

I have applied for a spouse visa and have submitted all the documents on FLR(O) and given my bio metrics as well last month in sep 2013 i was on a student for the last 5 years in uk, she is British.

some one told me if you talk to your solicitor or lawyer they can get you a full work allowed even while your application is in process

I want to know if this is Possible ???

much appreciated

Post by **Amber** » Wed Oct 16, 2013 10:10 am

D4109125 wrote:FLR(O) is not spouse leave.

If you made an in-time application then your permissions of leave will continue until a decision is made.

fibonacci0044 · Post by **fibonacci0044** » Wed Oct 16, 2013 10:31 am

I know that

I have submitted
FLR(O) on article 8

my solicitor says you can get the limited leave with work allowed for 6 months they have stopped the DLR cuz benefits were allowed on that, thats why they changed it to limited leave to remain.

is their any truth in this?
thanks

Post by **Amber** » Wed Oct 16, 2013 10:56 am

Well, the entire system has changed including a 10 year route to settlement instead of 6, no recourse to public funds (but there are exceptions) you can work on family life leave just as you could on DLR, so I don't know what your solicitor is on about?

fibonacci0044 · Post by **fibonacci0044** » Fri Oct 18, 2013 10:41 pm

Hi

I have a question that is a bit awkward so any help would be much appreciated

the problem is in short i was on student with 20 hrs and i legally married my
life partner, who is British.

As i live in London i have so much expenses that i have to face so need to work more than 20 hrs which would be considered illegal work

My question is what happens if i got caught working more than 20 hrs(while my application is in process)

will i be deported if i got caught (sorry about this question)

thanks

meghankit · Post by **meghankit** » Fri Sep 12, 2014 11:50 am

dear friends,
could anyone tell me if
i apply for FLR(O) my status will be legal or not, while i am waiting for the outcome of the application?

it would be great if someone can give me the link to that information.

regards

Professionhuman · Post by **Professionhuman** » Fri Mar 18, 2016 10:26 pm

Sorry and much appreciated if you can clear about flr as nd DLR .PBS applicant can apply

Regards

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FLR(O) DLR application after 9th july 2012 on article 8 not

FLR(O) DLR application after 9th july 2012 on article 8 not

FLR(O) refused but for 10 year settlement, is it possible

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Re: FLR(O) DLR application after 9th july 2012 on article 8

Re: FLR(O) DLR application after 9th july 2012 on article 8