Long Residence and FLR(FP) Issue

I request to this group and Gurus especially Zimba to help me in regards to my ILR and my wife FLR FP 10 years application.
She is living in uk last 6.5 years.

I am going to apply by post 20 August 2018
Because my tier 1 extension is pending was applied in July 2017.

I am providing these documents for my application

x Passports Copies
 1 x Application Form
 2 x Passport size photographs
 2 x BRP card Copy
 All Previous Visa Copies
 1 x Life in UK Test (notification)
 1 x Degree Taught in the UK
 Current Appointment Report and Recent Filing History

For my wife application

Application Form – FLR(FP)10 years
 Immigration Health Surcharge (IHS) payment document
 1 x Copy Passport of the applicant – Original is elsewhere in the Home Office
 2 x passport sized photographs of the applicant
 1 x Marriage Certificate
 3 x Passports of the Sponsor – Original is elsewhere in the Home Office
 1 x Biometric Card of the Applicant – Original is elsewhere in the Home Office
 1 x Passport size photographs of the Sponsor/Partner
 Water Bills
 Gas and Electricity Bills
 1 x Tenancy Agreement and survey report Council tax letter.
Last 3 months pay slip p60s employment letter


With covering letter explaining with my previous pending applications to varing to ilr and my wife FLR FP application and refund the previous application fee request.




I am confused I have to send both applications together or separately. And which address.

And also I was trail in crown court 2009 but at the end I was found not guilty no charges

And also 2010 home arrested me at work was student someone reported working mor then 20 hour's after 10 days they found I was on holiday from university they release me and return my brp card.
Not effect on my immigration history.

Since 2010 I have applied 4 visa expressions not mention and never home office ask me.


I have request for all senior members please have look and give me your precious feedback.

Waiting your valuable answer I need to apply on 21 August

Dear members I need urgent advice.
I am very stressful today I have received a letter my wife application refusal flrfp.

We varied both applications together me ILR and her flrfp.
My application is still pending and they decide her application.
Reason your partner is not British, settled at the date of decision. Your child is not 7 years old.

You must leave the country with in 28 days
You are not allowed to work.

My wife is working. She is pregnant expected delivery is next month.


Please give me any advice I am full of stress.

I am waiting your valuable response

Moashi wrote: ↑

Thu Nov 29, 2018 11:28 am

Dear members I need urgent advice.
I am very stressful today I have received a letter my wife application refusal flrfp.

We varied both applications together me ILR and her flrfp.
My application is still pending and they decide her application.
Reason your partner is not British, settled at the date of decision. Your child is not 7 years old.

You must leave the country with in 28 days
You are not allowed to work.

My wife is working. She is pregnant expected delivery is next month.


Please give me any advice I am full of stress.

I am waiting your valuable response

Did you write a letter asking HO to consider and process her FLR(FP) application only AFTER your ILR has been decided??

Did you send both applications to the ILR postal address?

Did you notify the tier 1 processing department that you were varying BOTH applications??

Moashi wrote: ↑

Thu Nov 29, 2018 11:28 am

Dear members I need urgent advice.
I am very stressful today I have received a letter my wife application refusal flrfp.

We varied both applications together me ILR and her flrfp.
My application is still pending and they decide her application.
Reason your partner is not British, settled at the date of decision. Your child is not 7 years old.

You must leave the country with in 28 days
You are not allowed to work.

My wife is working. She is pregnant expected delivery is next month.


Please give me any advice I am full of stress.

I am waiting your valuable response

**************
**************
Dear Moashi,

Don't worry, Please take right advice from members and moderators here and professional solicitors if u know any. I have gone through this in past but was different case. I CAN UINDERSTAND HOW STREEFUL IT IS. Please make sure you reapply or appeal or etc within 14 days as this is very critical and keep proof of postage, etc safe that you did within 14 days. I think (not sure) if you reapply ur wife's application the 3c breaks, so pls get professional /expert advise.

All will be ok.

All the best.

I need your valuable reply admin and all members.
I am very confused and very stressful. Today I have received my wife refusal Letter flrfp application.
My ILR LR application is still pending


Applied for ILR Route: SET LR, Main applicantand wife Flrfp (variation tier 1 general )
Date application sent: 22/08/2018
Document received by HO: 23/08/2018
Payment Debited: 26/08/2018
Ack letter by Email: 01/09/2018
Biometric Letter received: 24/09/2018
Date Biometrics Enrolled: 25/09/2018


29/11/18
Reason : your partner is not British or settled person Your child is not 7 years old and not British.

No right of appeal in uk
Leave the country with in 28 days
No right of work

She is heavily pregnant.
baby due next month.
She is on maturity leave.
I have 1 son 3 years old.
My application is still pending
She take lot of stress she is in hospital

I am totally confused I don't know what is best possible way.
Can she continued her maternity leave.


I am very upset how they decide my wife application my application is still pending.

Please give me your valuable suggestions.
I need help please help me please.
Any chance they reconsider the application.

I need your sport and valuable reply please don't ignore I need help.

Actually she supposed to apply flr m under your dependent not flr fp, you should speak to good solicitor maybe she still can apply flr m application within 14/28 days and this application will be hold until HO decide your ilr application. Best of luck

CR001 wrote: ↑

Thu Nov 29, 2018 11:34 am

Did you write a letter asking HO to consider and process her FLR(FP) application only AFTER your ILR has been decided??

Did you send both applications to the ILR postal address?

Did you notify the tier 1 processing department that you were varying BOTH applications??

Also who advised you to apply for FLR(FP) instead of FLR(M) ?

First of all thank you so much for your reply this is very helpful.

Did you write a letter asking HO to consider and process her FLR(FP) application only AFTER your ILR has been decided??

Did you send both applications to the ILR postal address?

Did you notify the tier 1 processing department that you were varying BOTH applications??

Yes I have sent the both applications with this same adress and this covering letter.

Reason she apply for flrfp she need English language test but her passport was in home office.


Yes notified the variation department and they conform us with e.mail.


This is covering letter

To

HOME OFFICE
SET (LR)
Indefinite Leave to Remain
PO Box 591
Durham
DH1 9FS

Your Ref: xx
Case ID: xxx Date: xxx

Re: VARIATION OF LEAVE OF MR. Xxx
I am making application SET (LR) for variation of leave.
Previous Application
I made my application for the extension of stay under Tier 1 Entrepreneur on 27 July 2017 which is still pending for the decision. All original documents (including my current and previous passports and BRP card) are elsewhere in the Home Office. I wish to withdraw my previous application and want you to consider this application for Indefinite Leave to Remain on the basis of 10 years long residence in the UK.
This application
I am currently on Tier 1 Entrepreneur visa, I have been running my business with the name of xxxx. I am actively engaged in my business activities. I have successfully completed my 10 years stay legally in the United Kingdom. Therefore, I am making application for variation of leave.
Immigration History
Date of First Entry: 18 Sep 2008
Student Visa: 15 Sep 2008 To 22 Dec 2010
Leave to Remain (Student Visa): 2010 to 2012
Post Study Work Visa: 19-07-2012 To 19-07-2014
Tier 1 Entrepreneur: 04 Aug 2014 To 04 Aug 2017
English Language
I have done Master Degree taught in the UK which meets English language requirements of the immigration rules.

Life in UK Test
I have successfully passed Life in UK Test and the notification is enclosed with the application.
Public Funds
I have never recourse to public funds and do not intend to receive any public funds.
Supporting documents
I am providing following documents in support of my application for Indefinite leave to remain.
• 1 x Application Form – SET (LR)
• 3 x Passports Copies
• 2 x Passport size photographs
• 1 x BRP card Copy
• 3 x Previous Visa Copies
• 1 x Life in UK Test (notification)
• 1 x Master’s Degree Taught in the UK
• Current Appointment Report and Recent Filing History

FLR(FP) – Mrs
My wife/dependent made her application for the extension of stay as a PBS Dependent at the same time with my application. Now I am going for settlement application and she wishes to vary her application to FLR (FP) 10 years route.
You are requested to consider this application of FLR (FP) 10 years route.
Supporting documents
I am providing following documents in support of my application for Further Leave to Remain on the basis of 10 years partner route.
• 1 x Application Form – FLR (FP)
• 1 x Passports Copies
• 2 x Passport size photographs
• 1 x BRP card Copy
• 1 x Previous Visa Copy
• Pay Slips and P60s
• Employer Letter
• Bank Statements
• Utility Bills (Gas, Electricity and Council Tax)
• Marriage Certificate
• Birth Certificate of Child
• Tenancy Agreement
• Survey Report from Estate Agent

Unfortunately, your letter did not request her application to be considered AFTER your ILR is decided. So it looks like HO considered her application anyway and she was not qualified for FLR (FP).

Were you given AR option ? If you were, then you can try asking them to reconsider and hold it until your ILR application is decided, arguing that is what they should have done in the first place.

Even then, she should try to complete an English language test as soon as possible.

If there is no AR option, she should still apply for FLR(M) with a request to decide after your ILR is decided. You can then try to get the english qualification or vary to FLR (FP) after you get your ILR and the child is born.

Unfortunately, if there is no AR option, she will have to stop working.

Thank you so much for reply
Today morning received a post it's refundable amount of 1033.00 her flrfp application fee.
She already received a tier 1 extension refund as well.
Normally when application refused the not refund the application fee.


She is not working she is on maternity leave.
Is it ok.

I am confused
Solicitor suggest me we have to go first stage
pre actions protocol
2nd stage judicial review.


But one of my friend confused me he said
I have to go administrative review then c3 is not broken.

Please advise me

Moashi wrote: ↑

Sat Dec 01, 2018 6:16 pm

I am confused
Solicitor suggest me we have to go first stage
pre actions protocol
2nd stage judicial review.


But one of my friend confused me he said
I have to go administrative review then c3 is not broken.

Please advise me

Did they give you rights for AR

They give us right of appeal in home country not in uk

I am going to end preaction protocol tomorrow.
Basies on main application is pending and decided dependant dependent application unfair decision.


Can she reapply with in 14 days new application flrm and requesting for English language test her passport return back.

If she apply with in 14 days her c3 is broken.
Please reply me I have a very short time.

Waiting for your valuable answer

Correction
I am going to send preaction protocol tomorrow.

Moashi wrote: ↑

Thu Dec 06, 2018 12:19 am

I am going to end preaction protocol tomorrow.
Basies on main application is pending and decided dependant dependent application unfair decision.


Can she reapply with in 14 days new application flrm and requesting for English language test her passport return back.

If she apply with in 14 days her c3 is broken.
Please reply me I have a very short time.

Waiting for your valuable answer

Her Section 3C is now broken, whether or not she applies within 14 days.
But yes, she can apply within 14 days and request the passport for the english test.
I am hopeful they will act on the PAP and reconsider the application - which is the only way 3C is restored.

Dear marcnath
Thank you so much for your response.

1) I have done PAP today
2 I am going to reapply on monday the deadline is Wednesday.

I am very confused .
Which application is best for me. FLRM OR FLRFP
My 1st application was FLRFP refused

Her salary is 25k but after decision she is not allowed to work and she is on maternity leave.
I am not working.

If we apply flrm and I start work I need 18600 or more because I have a baby 3 years old but we haven't applied his passport and visa.
Next baby is due in January.

Second opinion FLRFP.

Which is the best suitable for me.



I am worried if home office didn't reconsider the application on PAP then I have to go ahead for JR.
It's longer

In the meantime my baby is due and she is not eligible for NHS and not right of work.

If I reapply within 14 days is she entitled for NHS and work.
I am waiting for response.

Moashi wrote: ↑

Fri Dec 07, 2018 1:53 am

1) I have done PAP today
2 I am going to reapply on monday the deadline is Wednesday.

I am very confused .
Which application is best for me. FLRM OR FLRFP
My 1st application was FLRFP refused

Her salary is 25k but after decision she is not allowed to work and she is on maternity leave.
I am not working.

If we apply flrm and I start work I need 18600 or more because I have a baby 3 years old but we haven't applied his passport and visa.
Next baby is due in January.

Second opinion FLRFP.

Which is the best suitable for me.



I am worried if home office didn't reconsider the application on PAP then I have to go ahead for JR.
It's longer

In the meantime my baby is due and she is not eligible for NHS and not right of work.

If I reapply within 14 days is she entitled for NHS and work.
I am waiting for response.

Clearly, the right way to do it is to apply for FLR(M) and ask them to hold decision until your ILR is decided. However the many constraints you seem to have - language, income, etc. - seems to make it challenging. If you can't overcome those by the time the application is processed, then you have no option other than FLR(P) - which will likely be rejected again. So you need to make that decision yourself.
A baby born here has at least three months eligibility to free NHS. NHS will continue to treat your wife and baby - they just have the right to impose charges.

Thank you so much marcnath
I understand the best way is FLR M
I have decide to go FLRM
I have 2 questions

1 I have to earn just salary 18600. Or extra income for baby.
I am not applying his visa he doesn't have passport.

Can I take income form my own business and remove 1 employee.


2 at the time of baby delivery NHS do free treatment for baby and mother.



Waiting for your valuable help

Please reply me

The amounts required to meet the financial requirement are:
Partner - £18,600
1 child in addition to partner - £22,400
2 children in addition to partner - £24,800
3 children in addition to partner - £27,200
There will be an increase of £2,400 for each additional child.

Dear members
I am very scared because I had 2 problem in last 10years.
Any effect on my ILR
1 ) I was trail in crown court 2009 but at the end I was found not guilty no charges.

2 I was student
In 2010 home arrested me at work keep me detention centre someone reported working mor then 20 hour's after 10 days they found I was on holidays from university they release me and return my brp card.
Not effect on my immigration history.

After I Applid psw and got it.



I have request for senior members please reply me.

Moashi wrote: ↑

Sat Dec 08, 2018 9:24 pm

Dear members
I am very scared because I had 2 problem in last 10years.
Any effect on my ILR
1 ) I was trail in crown court 2009 but at the end I was found not guilty no charges.

2 I was student
In 2010 home arrested me at work keep me detention centre someone reported working mor then 20 hour's after 10 days they found I was on holidays from university they release me and return my brp card.
Not effect on my immigration history.

After I Applid psw and got it.



I have request for senior members please reply me.

There should be no problems