FLR FP Application (Advice seriously needed)

[Amolee]

Hello everyone to this respected house,


I have been a member of this forum but haven't posted anything here until now.

Please could you kindly advice me on my stay in the UK as below:

I came to the UK on 25th September 2009 and has been here with Tier 4 visa, post Study, and then Tier 4 without any refusal or long absence from the UK. I completed my PhD in 2017 and got a Doctoral extension visa which finished on the 10/06/18. I couldnt find a sponsor during this one year, then i applied for FLR Fp based on my family life on the 9/06/2018. The visa was refused on 9/01/2019 without an in country appeal. My wife was heavily pregnant at the time and my two younger kids 4 n 2 years old havent got any passport and travelling back to my country was not an option for me. I sought advice from my solictor and we reapplied after 13 days for the same FLR Fp. HO contacted i sent further documentations regarding my kids which i sent. However, they none of them are up to 7 years and up till now, the home office has not responded again.
By my calculation, I have completed 10 yrs in this country.

So in summary:

Arrival date to the UK: 25/09/2009

Valid visa duration: 10/06/2018


FLR FP application: 9/06/2018

FLR FP decision: refused 09/01/2019

Reapplied FLR FP: 13 days after 09/01/2019.

Current situation: Awaiting decision


My questions now are as follows:
1. Are my qualified for indefinite leave?
2. Does 3c leave still intact?
3. The solicitor is advicing me to vary my application and apply for ILR, but i'm a little bit concerned if this is actually the right step.

[seagul]

2. Does 3c leave still intact?
.

No. Because you resend an out of time application of flrfp. Also section 3C not only triggers just because someone applies before expiry rather the application need to be a valid. If your wife/kids not British citizen then how can your flrfp be a valid application and succeed.

[Amolee]

2. Does 3c leave still intact?
.

No. Because you resend an out of time application of flrfp. Also section 3C not only triggers just because someone applies before expiry rather the application need to be a valid. If your wife/kids not British citizen then how can your flrfp be a valid application and succeed.

Thankyuou @ seagul for your advice. What do you think is my best option now?

[seagul]

2. Does 3c leave still intact?
.

No. Because you resend an out of time application of flrfp. Also section 3C not only triggers just because someone applies before expiry rather the application need to be a valid. If your wife/kids not British citizen then how can your flrfp be a valid application and succeed.

Thankyuou @ seagul for your advice. What do you think is my best option now?

Since you have already applied so wait n see. HO is well aware regarding section 3C and how someone can try to get it but if an application is not valid means not fit or approriate to circumstances then it can be returned/refused as invalid. In past HO used to return them as invalid. At the moment you are not covered by section 3C.

[Amolee]

2. Does 3c leave still intact?
.

No. Because you resend an out of time application of flrfp. Also section 3C not only triggers just because someone applies before expiry rather the application need to be a valid. If your wife/kids not British citizen then how can your flrfp be a valid application and succeed.

Thankyuou @ seagul for your advice. What do you think is my best option now?

Since you have already applied so wait n see. HO is well aware regarding section 3C and how someone can try to get it but if an application is not valid means not fit or approriate to circumstances then it can be returned/refused as invalid. In past HO used to return them as invalid. At the moment you are not covered by section 3C.

@ seagul Is alright. Thank you for your time. Well appreciated. I will await for the decision.