FLR FP granted want to switch to 5 yr route

Respected Moderators
Application FLR FP EXTENSION 10 year partner route
British wife and British child
Application date - 25-10-16
Biometric Done - 21-11-16
Decision. --- awaiting

I closely watching this forums and else's were throughout the internet where we have several discussion about ILR /lTR where the British spouse have been.claiming the CT,CTR,WTC and the most complicated HOUSING BENEFIT with partner subjected to (no resource public fund) but nowhere does we find an answer that DID ANY ONE GOT REFUSED FOR THAT REASON...thus finally I would like to present the moderators with my situation so that people who are awaiting FLR FP extension would benefit from the advice.
I am not working at moment thus my wife who is working part time (17 hours pw) is claiming following benefits
1 CB 2. CTC 3. HOUSING BENEFIT
As far as my experience through the moderators are CB is in her name ok--CTC WTC joint name ok
HOUSING BENEFIT here comes the problem though my wife is the main claim ain't but in the applicable amount the COUPLE ELEMENT was added instead of SINGLE ( honestly I gave all information to HB when claiming ) and I came to know of this as now when THE APPLICATION IS AlREADY INSIDE
Questions--
1 will the application be refused under parade graph 322(3) immigration rule with paragraph 6A and 6C ?
2 the general ground for refusal states if you only refuse on general ground and an appeal is allowed you cannot then re-consider them or specific catogery and lTR will have to be given
You must consider if any human rights grounds such
ECHR, exceptional circumstances
I have a checked with benefit calculator and with a benefi advisor as well due to COUPLE element the HB is 30 pw higher than if it was claimed as SINGLE
WhAt will happen now plz shed light on it as I can't do anything mistakes have been done

Respected moderators and forum users,
Any suggestions on my case outcome ?
Where's British citizen applied HB with spouse on no resource to public funds and the calculation wAs done on couple rather than single rate for the FLR FP partner 10 year route 1st extension.
It's very interesting to know I have not come around a single case like this on this forum or in the entire web ( though people have similar queries and they were given what to do in case of HB single rate suggestion) but NONE I REPEAT NONE of THE QUESTIONER had ever come back with answer what happened with their application EITHER they must have stopped HB or THEY MUST HAVE GOT CLAIM ON SINGLE RATE.

I still think there must be someone somewhere who like me wud have got unlucky understanding the HB system OR is my case the first one going to be refused under para 6A 6C as these FLR FP application are quite new Addition to the immigration rules.

Moderators... There is a clear breach in HB under para 6A 6C the challenge lies what will be the outcome of this application?
( I promise to all the users and future FLR FP applicant whatever the outcome of my application I wud surely post it as this wud help a lot of people stuck on same ship as my quest for this quiestion continue hope somewhere someone have the answer to this riddle

High hopes from the legends to solve the riddle
Anybody CR001, CASA, Amber, John , vinny and many more .....
Help really appreciated ?

Hi moderators
With all due respect is there no one who can answeeh
My problems I have high hopes on experiences of the senior members I don't know why but no one had replied yet .. I respect they must be having their own reason ... Keeping my finger crossed hoping to get the answer soon

Moderators have the task of keeping the forum running smoothly and certainly don't have the solution to all the numerous questions posted on the forum.

I will say however that you should only be awarded the single rate of HB (+ any relevant child rate if applicable), but all income in the family will be taken into account in the calculation.

You need to be patient and wait for others who may be better qualified to advise.

Thanks casa for the reply...
I do respect the moderators and The job they are doing ..... I said earlier that they must be having their reason for not replying yet..

I have spent months reaserching the web to find a case were a spouse of a British citizen had been refused on claiming public funds due to HB ... ( where claim on couple rate being HB increased)

I spoke to an immigration consultants he was cluless ( about couple element and single rate and kept on insisting LHA bedroom allowance)
I spoke to an benefit advisor finally a wise man he advised that HB Did go up high due to couple allowance (114..per) as compare to single( something ,,,87 or) BUT he don't know what will be an outcome of this case

I request all the senior members and forum users if you have experience any similar case like this with REFUSAL on no resource to public funds on HB do share it..

Till then jouneey contiues

Hi everyone ,,,,
Let's take this TOPIC in a different scenario
Can somebody share any refusal cases on no resource to public funds where the British citizen was taking any benefit and their spouse were refused LEAVE To REMAIN ,,,

CASA, CR001, Amber, vinny, John ,secret Simon , the legends of this forum ....,
Guys plz shed some light on the matter

Blutack wrote:CASA, CR001, Amber, vinny, John ,secret Simon , the legends of this forum ....,
Guys plz shed some light on the matter

I have nothing further to add.

I respect all the senior members and the moderators ... I do understand it was a very unique case .. And all I can do is wait an watch ... ill be keeping an update to this forum so as the future applicant can benefit from it..

Till then everybody remember me in your prayers .. I believe in God n I believe in his miracle and this case JUST NEED ONE ...

ANY SUGGESTION ARE WELCOME ...

Journey continues

I was in the same case as you. I have a British wife and kids. I applied a year ago for housing benefit and Employment and support allowance. I was awarded those benefits for about 6 months after which time they stopped everything because I was not allowed to claim public funds. Like you said, pertaining to housing benefit, if you claimed both with your partner, it would be the couple allowance minus what you claiming elsewhere.
I just extended my stay in the country, however having claimed those benefits did not affect my application. As I understand if you do not claim when you submit your application, you are safe. But if you submit your application while claiming those benefits that is where there is a problem.

If you got further questions regarding this please go or it.

Do not worry too much and think in your mind that you will better off even if you are not allowed to claim those benefits. I have to tell you that I managed to make more money when they stop my benefit, even I AM OFF SICK. The universe has a way to work that the normal human being mind would not understand.

Thanks Romaric it's nice to see people sharing their experience..
The net is full of suggestion where you know what to do in case of HB as said it all depends on the council which element you are awarded single or couple..
But when you are already claiming and application is inside its a different scenario compare to yours when you already did stopes before your application I can just say you are Lucy as sometimes the caseworker don't bother to check with the athourity when it's mention no benefits been claimed on the application. As when you declare claiming one the caseworker has to follow the public funds guidance ( if British spouse been the main claimaimt follow para 6A to 6c)
I am just wondering if someone wud shed some light it might help people worried or stuck in similar situation ..
That the guidance clearly says that if the application fails under immigration rule the case worker need to see all relevant factors (article 8 / exceptional circumstance) and if leave can be given outside rule( DLR )

NOW here is the catch ... As far as I'm concern almost all the application which are applied under FLR FP/parent route raises these concern..
The Acknowlegment letter u get for extension of
FLR 10 yr route clearly mention yur application raise article 8 ECHR.... Thus it's no time frame to decide as its a complex app

So it's a rat mouse game how do you refuse a application on a general ground for refusal para 322 (3 -11) discrenatiory refusal
Where you have to again weigh all the factors family life British child/or a child who lives more than 7 years in country,

That's why I said this is one of the first kind cases as these FLR fm application are new rules immigration ,,

Any it's so nice of you for kind assurance and advice ...

All suggestion are welcome

Hi Blutack,

1. Did the council asked you tp pay back the money they paid extra to you ?

2. I would say go to your council and ask them give you a piece of paper where the acknowledge that you gave them all the information about your no resource to public funds but the claim assesor made a mistake and give you couple rate rather than single. Keep that paper with you in case home office reject your application on this basis then present them this paper. But don't send this paper to home office unless needed.

3. If you hear anything from Home office please share on this forum!

I found this that might be helpful for you. Please read under below:

Housing benefit for couples where one has limited leave

A member of a couple who has limited leave (and so who would be ineligible for HB/CTR if they were single) but whose partner is eligible for HB/CTR (e.g. a British Citizen) can receive HB/CTR provided that their partner makes the claim. Partner here means a spouse/registered civil partner or a person who is living with them as if they are their spouse/civil partner.

For the claim to be valid both members must provide a national insurance number (or at least to have applied for one).

Hi tanx for suggestion ,,,,so nice of you

Just to clearify that the HB have been claimed by my wife who is British citizen but as HB rules the applicable amount calculated is couple instead of single ...

Now to yur first question I think it wud be better wait n watch rather than panicking and go to council as the council have done nothing wrong NEITHER did I (only if I was the main claimaimt ) BUT again trick I can't be until the HB officer is HIGH while procession the claim

Now I came across the very interesting information plz MODERATORS Read below
Applicants applying on the basis of family life as a partner, parent or child under Appendix FM, and on the basis of private life under paragraph 276ADE(1) of the Immigration Rules are not subject to the General Grounds for Refusal, except for the provisions in paragraph 320(3), (10) and (11) which continue to apply to applications under Appendix FM as set out in the General Grounds for Refusal under Part 9 of the Immigration Rules.
In addition to the suitability criteria that an applicant must meet under Appendix FM, the following general grounds for refusal must be considered:
320(3) failure by the person seeking entry to the United Kingdom to produce to the Immigration Officer a valid national passport or other document satisfactorily establishing his identity and nationality;
320(10) production by the person seeking entry clearance to the United Kingdom of a national passport or travel document issued by a territorial entity or authority which is not recognised by Her Majesty's Government as a state or is not dealt with as a government by them, or which does not accept valid United Kingdom passports for the purpose of its own immigration control; or a passport or travel document which does not comply with international passport practice; and
320(11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Immigration Rules by:
(i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in
order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not); and
there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.
The following general ground for refusal must be considered in private life (but not applications under Appendix FM):
322(1) the fact that variation of leave to enter or remain is being sought for a purpose not covered by these Rules.
Guidance on considering the General Grounds for Refusal can be found here:
 General Grounds for Refusal (internal link)
 General Grounds for Refusal (external Link)
If the General Grounds for Refusal above apply in the applicant’s case the application must be refused. Guidance on refusal wordings under General Grounds for Refusal can be found using the links to the guidance above.

Few things to NOTICE

The public funds guidance clearly mention what to do in case the SPONSER is claiming the funds ie look in para 6A 6C and refuse UNDER 322(3) general ground for refusal
BUT
FM says no app can be rejected under general ground for refusal EXCEPT 320 and then sub para
Here no mention of para 322(3) how will this apply
SENiOr MeMebers now it's yur turn

And plz cud someone explain how wud para 6A 6C wud fit with the above general ground of refusal instruction for caseworker

Plz senior members least you guys can help me out on this one

Hi,

Did you hear anything from HO ?

Hi please any body suggest me iam applying flr fp parent rout iam claiming child tax credits and child benifit's iam getting maternity pay as well does these benifits will effect my visa?

Hi everybody...
6 month passed no news on my FLR (fp) extension application yet .....
Now there had been a change of circumstance my wife got a another job and with 6 month payslip we qualify the financial requirement ....

I still get housing benefit but it is very less ... And I haven't stop it ye as I dint find any benefit of stopping it I cud have stopped it if I was making a 5 year route application and neither did I informed home office about my change of circumstances as I thought of it as no use

Now I have following queries plzzzz help

1 can I vary my flr fp 10 yr to 5 (considering I can't give the English test as my passport is inside I can immodestly stop housing benefit if this works ANY SUGGESTIONS ???!!

2 can vary of application be done on premium
service


3 if I am not able to qualify or do 5 yr do you still suggest me sending the new change of circumstances will they be any help to my existing application

6 month wait for flr fp extension is a joke a blunder of home office to decide on application which they have already granted leave earlier

Dissapointed ----- no reply

Blutack wrote:Dissapointed ----- no reply

You are asking about timeframes and immigration bits regarding FLR(FP) in the CLAIMING BENEFITS sub forum. Post NON BENEFIT questions in the Immigration for Family Members sub forum.

Also, if you require immediate or urgent advice, suggest find a solicitor or OISC advisor and pay for it. We offer our time for free and also have jobs and families and other personal commitments. If no one responds to your post, you probably haven't been clear in what you are asking or they simply don't know.

Hi Blu,

Did you hear from Home office ?

Hello everybody
Update on my case
8 month passed no reply on flr fp extension
2 month ago I requested home office online to return my passport several follow up mp calls and letters
They said yesterday they will send it this week

As my situation has changed my wife earning 21 k
I am planning to give English test and vary the application from
Flr fp to flr fm 5 year route on premium same day
That's why I have requested my passport back
And that also 2 month passed chasing them
RiDiculious
These people are treating flr fp applicant who are
Applying for extension like dirts and beggars
I have no faith left on these stupid caseworkers
As they can even refuse the extension on silly
Reasons... causing more delays

Plz pray so they can delay more as I can get some time
To get test results and vary application to 5 year route

And best of luck to all flr fp applicants the
Journey is long but at end we will win

Last advice if yu applying for flr fp extension do
Go for sane day service as yu can see the huge
Backlogs
Or if possible do try and change 5 year route

Update
Just recieved passports
What a joke these bunch of losers are they sent
My wife and kids passports and Neva returned mine

Can some1 plz shed light why dint these looser not
Send my passport

The letter came from
Post decision casework 2
Uk visas and immigration

What is this unit ?
Have they decided the case ?