FLR(M) no valid leave

[icehouse256]

I first came to the UK on a student visa in 2010 and i got married in 2012 to a British citizen, applied for FLR in November 2012 and got refused in June 2013 based on the financial threshold, my visa had expired while HO were still processing my application (March 2013). We then appealed, we attended the appeal hearing in September 2013 but to our surprise we were being asked questions that we never expected, such as what we ate 2 weeks ago ect...we got a few right but some were wrong. Then in November we got the determination ''appeal refused'' . As of today, my wife now earns more than the 18,600 threshold, and i don't want to return to apply from home, Please advice , what are my chances of reapplying now that we meet the financial threshold, but my visa had expired ?

[Amber]

You won't get FLR(M) if you apply after 28 days of the appeal determination and you don't have valid leave.

You may be granted private life leave, however, that's a 10 year route to settlement.

[icehouse256]

Thanks for the quick response Amber, i really do appreciate. But i would like you honest advice,

(1) Do you think i should go ahead and apply FLR(M) or FLR (O) ? Is financial requirement needed for the FLR (O). Though my wife now earns 19000 yearly.

(2) What do you think i can write in the cover letter that can assist my application from not being refused for overstaying ?

(3) I haver only been in the UK almost 4 years lawfully, and i made my first application which was refused based on financial requirement while i still had leave, would i still qualify for family like 10 years route even now that i have overstayed ?

Hope to read from you soon.

Thanks.

[Amber]

You can't apply for FLR(O) either, it would be FLR(FP). You can still qualify for family life leave if you're an overstayer. However, to benefit from the 5 years route you'd have to apply for spouse leave to enter from outside the UK.

[icehouse256]

Hi Amber, thanks for your advice. I have sent in an application for FLR fp on Friday, in the application we included as much as possible corresponding letters and a letter from my landlord included with tenancy agreement and letter from my wife's employer also stating that he is aware that my wife is married and that I visit her during lunch at work. We also included 6 months payslip and 6 month statement. I also wrote a statement explaining the mental stress that the issue had been putting I and my wife through and we also included prescription which we were given by our doctors based in the fact that we've been visiting the doctor ever since. We don't have any child yet, based on all this and the fact that I have overstayed what can you say about our chances . Thank you.

[Wanderer]

Hi Amber, thanks for your advice. I have sent in an application for FLR fp on Friday, in the application we included as much as possible corresponding letters and a letter from my landlord included with tenancy agreement and letter from my wife's employer also stating that he is aware that my wife is married and that I visit her during lunch at work. We also included 6 months payslip and 6 month statement. I also wrote a statement explaining the mental stress that the issue had been putting I and my wife through and we also included prescription which we were given by our doctors based in the fact that we've been visiting the doctor ever since. We don't have any child yet, based on all this and the fact that I have overstayed what can you say about our chances . Thank you.

Should you be working with no valid leave?

[CR001]

@Wanderer - I think OP is referring to his wife's employment.

[Wanderer]

@Wanderer - I think OP is referring to his wife's employment.

Ahh, yes, sorry OP, I misread!

[CR001]

@Wanderer - LOL are you having a bad Monday

[Wanderer]

@Wanderer - LOL are you having a bad Monday

Yeah my missus if off to Moscow today on business and she's given me a list of things to do because I'm working from home today and she thinks that means I can do her errands.

Everyone knows working from means posting on forums!

[CR001]

Ahhh, multi-tasking

[icehouse256]

HO seems to be responding very quickly now. I surprised, I only just sent my FLR FP on Friday and now my lawyer called me saying that they had wrote back asking me to give them more reasons why I should be allowed to stay in the UK. Please gurus what does this mean to my applications being successful, and advice would be appreciated also. Thanks .

[icehouse256]

Hi Gurus,

I am here to update my situation. I have made a FLR(FP) application to the HO on the 4th of April. The application is based on partner of a British citizen, we don't have any children and i am an overstayer. Up till now, there has been no acknowledgement letter from the HO or fees taken from my account, i am a bit worried because i don't know what is really happening. Also, just a week before i made my application, the HO sent me a letter, placing me on temporary admission and i have been asked to be signing every 2 weeks. I have gone for the 1st signing and the next one is due next week. Based on my situation, does anyone knows what is really happening or going to happen.

Thanks All.