URGENT HELP PLEASE FOR SPOUSE DLR ON FORM FLR(O)

[englishroselin]

Hello everyone

New to the forum but desperately need some urgent help!!!!! as I am filling form FLR(O) on behalf of spouse for Discretionary Leave to Remain on the basis of compassiontate grounds citing Article 8 - family life and Article 14 Prohibition on the basis of disability and need to submit it this week - Please bear with me if this is posted in the wrong section.

Please note that I am filling in the form for my spouse as I simply do not have the funds to pay £1500.00 qyuoted to me by solicitor recommended by friends + application fee of £601.00 plus pay all bills as I am disabled on benefits and spouse cannot work legally. He returned to UK as a visitor just under 6 months ago.

My spouses circumstance -he is non -EU immigrant - I am british citizen
We got married 2006 and applied for spousal visa which ran out in December 2008.
I had to stop work due to disability and have not worked since.
He left the UK in 201 (overstayed) - once the core recovery from my several surgeries was over and has returned every year and spent 6 months in the UK then returned to his country.
On last trip immigration advised he would not be allowed to enter unless his situation is legalised as we are still married and continued to be in a relationship - immigration officer at airport advised to apply for discretionary leave on the basis of Article 8 ECHR - family life and Article 14 discrimination due to my disability - as they believe we have a strong case and have let him back in the UK repeatedly on this basis.

1. Can someone confirm that I am filling in the correct form FLR(O)?

2. Section 2 (page7) - asks for dependent and or partner living with you and who is appliying for an extension of stay as your dependents - It is mandatory to fill in this section as required. Please note this application will be invalid if you do not. - However I am not a dependent and I am British Citizen so don't need an extension - but based on the statement of the form being invalid if this section is not filled in - do I /should I fill in this section and then would I still have to supply photos of myself?

3. Has anyone got any advise about putting case forward on both Article 8 and 14?

4. Section 6.11 - Page 16 - Question: - how long have you lived in the UK? - It states specify any periods of absence of more than 6 months during that time - so I am correct in putting down all the years we have been together in UK - inluding any time he has travelled out of the country under 6 months? - As he has travelled every year since 2011 and spent 6 months in each country.

5. I plan to send the following documents:-
His passport
His previous passort with old spousal visa stamp in it
A copy of my passport as I am not a dependent and its my only form of ID so cannot do without it
His bank statements
my relative bank statements - and they have ocassionally assisted financialoy every month
my bank statments to show my income (benefits)
my benefit letters to show what I get and in support of my disability aspect
medical documents - showing the ongoing health issues past and current
Photos to show that we are in a genuine relationship
Letters of recommendation in support of his application and the need for him to stay in the UK as my spouse in light of my disability.

- Question: - would I/should I send his any of his previous pay slips when he was legally allowed to work?

I know there are a few queries and apologise in advance - but as advised I am doing this on my own due to our financial situation

Thank you in advance for your kind assistance

[Amber]

Given that SET(M) doesn't require extant leave, if you've completed 2 years previously under part 8 of the immigration rules (spouse leave), you should be able to apply for SET(M), B1 English and LIUK required.

[englishroselin]

Hi Amber

thank you for your response - I was told because my husband overstayed by 3 years after expiry of visa and the fact that as his spouse and intial sponsor my situation has drastically changed as I am now disabled and therefore do have savings - that I would have to apply via the Discretionary Leave route.

Husband did not pass LIUK test - failed twice- was done the same time I had operations and death in family - hence alot of turmoil - he was told that LIUK test had to be done within and up to 1 month of expiry of spousal visa -

[Amber]

Can he not satisfy B1 English and LIUK?

[englishroselin]

Hi Amber

I have since been advised from immigration solicitor (very basic free advice - as we cannot afford their £1,500 fee that my spouse will need to fill in FLR(FP) instead of FLR(O) now application from 06/04/14 via Article 8 - the 10 year route (as he overstayed in from 2008-2011) that I as his spouse/partner will fulfill the "adequate" financial threshold as I am in receipt of DLA and he is classed and recognised to be from an English speaking country - therefore will not have to fulfill the LIUK requirement.

So now filling in this form

[Amber]

Can he not satisfy B1 English and LIUK?

[englishroselin]

Hi everyone - just wanted to give an update and get advice regarding my spouses refused Application FLR(FP)

Brief outlne:

2006 - married spouse in their country
Dec 2006 - Spouse came to UK to live on spousal visa
Dec 2008: - Spousal visa ran out but he overstayed due to me having spinal surgeries
Feb 2012 : - spouse returned to their home country with intention of working and reapplying for spousal visa
July 2012: spouse retuned to UK for 6 months
Jan 2013: spouse returned to home country
Dec 2013 : spouse returned to Uk for 6 months - held by immigration and encouraged to regularise status due to exceptional circumstances
03/June 2014: sent in Form FLR (FP) for Discretionary Leave due to exceptional circumstances under Artilce 8
14/08/14: Refused - given right to appeal - basis of refusal -
1a. Spouse lived most their life in home country (he got married to me at 43)
2a. Spouse did not regularise status and stayed in UK on short visas (this is in correct spousal visa in 2008 and submitted in original passport - but no mention of this in refusal letter)

3a. Spouse only providing emotional support and this was provided in his absence (this is also incorrect as medical documents refer to him as unpaid carer along with my mum who is 65) and continues to provide care support when paid carer has left after 2 hours per day

Question is it best to appeal - advice on this - there is only 10 days to prepare an appeal - to be submitted by 29th August 2014

or is it best to re-submit FLR(FP) application

currently without legal advice - trying to get some but figure of £2,500 -£3,000 quoted for appeal and £1,500 + application submission cost - roughly £2,000 (does this sound right?)

Please note immigration has advised my spouse when he came into the UK last year December that he needs to regularise his status and if unable to do so when he leaves he will be unable to enter the UK under 1-2 years....... so this puts us in a terrible situation with me being disabled and not working and him unable to work in the UK.....regarding funds required....

Advice is very welcome/needed

[Amber]

Can he not satisfy B1 English and LIUK?