FLR(m) or FLR(fp) fresh application - FTT dismissed

[HakmedBond]

Hello All,

I recently received a letter from the Judge, First-tier Tribunal, dismissing my appeal for an extension on my leave to remain for a category different than family routes, ECAA, Turkish Businessperson. Although I informed the Judge of my relationship, I didn't have any evidence with me on the day of the hearing.

After the hearing, outside the court, the Home Office Representative informed me that I should apply through the spouse route as I have a very good case; here is the summary;
- Been in a relationship for 5 years at the end of this month,
- Been living together all this time at the UK
- Annual salary of my partner is more than the financial threshold
- Utility bills, Council Tax letters(including statements) and Joint Tenancy agreements can be shown for the last 2.5-3 years.
- We are NOT married

We have been preparing the paperwork and necessary evidence to apply under FLR(m). I have three questions;

1) How long have I got to make this fresh application without being an over-stayer or any other status that will make the application to be immediately rejected even though I have a truly genuine case which can be backed via evidence? My visa was expired on August 2013 but my application for an extension and the appeal were all lodged within the time-frames given.Is it 28 days from the FTT's decision or 28 days from the exhaustion of all the appeals, ie FTT permission, UT permission etc?

The reason why I am enquiring about the time is because I need to take an English certification test. In the best case scenario it will take 2 weeks and that is if my government ID and/or certified passport from the solicitors is accepted. I have also written to HO to ask for a certified copy of my passport via special delivery yesterday - but I am not sure how long it will take and that is if they send it.

2) My partner's passport has expired - but she has her birth certificate, is this enough or do we need to renew the passport asap via the premium/same-day service? She does not have any other form of ID such as a drivers license.

3) I have recently been informed that FLR(fp) is the appropriate one for me to use as opposed to FLR(M) which we have been preparing the paperwork and evidence for. Which one is the accurate form in my case?


Thank you for your time.

[Obie]

You need to have the English language test done.

Due to the potential delay of this, i will strongly ask that you put in a permission to appeal whiles you work on obtaining a English language test, and your wife's passport renewed.

If you file permission to appeal, it will be after all those rights are exhausted, before 28 days will start to count down.

[HakmedBond]

Thank you very much for taking the time to inform me again.

Around the 10th-11th day after the FTT decision, I will be requesting permission to appeal at UT.

Meanwhile I am trying to arrange the language test and the passport renewed.


Do you have any comments on the form whether FLR(fp) or FLR(m) should be used?

Thanks again

[Obie]

I don't have comment. I don't know your financial circumstances to comment.

People who do not meet the requirement will fail.

If you wait till the 10th to 11th day, you will be out of time, and your application will most likely be refused, and you will have no section 3C rights.

You are best advised to seek advise, otherwise you may find yourself having to return to Turkey to apply.

[HakmedBond]

I have been trying to get legal advice for a while now - but I have been told about two different forms, fp and m.

I am not sure why the 10th or 11th day from the date of the FTT decision would be too late, as the FTT letter says that I have 14 days to apply for the permission to appeal at UT. Is this wrong?

You said people who meet the requirement will fail - can you please elaborate this?

My partner earns £31k/annum before tax. I run my own businesses - but it hasn't been particularly successful over the last 6 months. The only potentially valuable evidence we can show for the financial threshold will be my partner's payslips, bank statements etc.


I really appreciate your time. Thank you!

[HakmedBond]

I think the confusion was due to my previous post: I plan to apply for permission to FTT to appeal at UT within the 14 day period as suggested by the FTT - but I will make this application around the 10th-11th day of this 14 day period.

Once I get the language test, which is the only process that takes long, we will submit the fresh application immediately. My partners passport will be renewed next week via same-day service.


I am failing to understand the difference between the FLR(m) and FLR(fp). As in which one applies to who and the eligibility requirements.

HO call centre and few other solicitors had suggested that we fill in FLR(m) - but the new solicitor that has taken on my case is suggesting FLR(fp).

Just not sure the requirements of either and which one would be more likely to end positively.

[Obie]

I think the confusion was due to my previous post: I plan to apply for permission to FTT to appeal at UT within the 14 day period as suggested by the FTT - but I will make this application around the 10th-11th day of this 14 day period.

Your are correct. The time has been changed by virtue or Rule 33. It used to be 5 working days after the decision.

[Obie]

I don't think the new solicitor knows what he is taking about. He will lead you down the wrong path. Apart from the fact that FLR(FP) is a longer route, it is a difficult route to succeed on if you don't have children. It exempt you from the financial requirement, but it is a long route to ILR, it takes 10, as opposed to 5 years route.

Which region of the UK are you based.

You should be able to qualify under the 5 Years ILR Route, as you meet the financial and Immigration status requirement.

Not sure why your solicitor is suggesting the 10 years route, which is likely to be unsuccessful and unnecessary.

[HakmedBond]

Thank you for taking the time to respond again. Much appreciated!

I am based in London and have always been here.

If I am to be honest with you, I am just interested in continuing my stay here in the U.K. with my partner. Although I am aware that eventually I will apply for ILR, for now my main priority is not to be deported and be forced to go back to Turkey - especially this time of the year so close to Christmas.

You should be able to qualify under the 5 Years ILR Route, as you meet the financial and Immigration status requirement.

Not sure why your solicitor is suggesting the 10 years route, which is likely to be unsuccessful and unnecessary.

By the 5 years ILR route do you mean the Partner 5 Year route for which we should use FLR(M)?


Thank you again!

[Obie]

I am based around London also. I could assist you as the advice to fill in FLR(FP) is simply wrong.

[HakmedBond]

I am based around London also. I could assist you as the advice to fill in FLR(FP) is simply wrong.

How can I reach you?

[HakmedBond]

Here is the latest great news;

"Certified copy of passports are NOT accepted by the test providers". Even if it is the HO, police and/or solicitors that certify it.
In short, I cannot take the language test.

I will try to explain this to HO with the application but from experience I am not sure how much they will take it into the equation.

[Obie]

After 10 post you will be able to send a PM, and i will PM you my details.

I have seen many casuality in this forum to last a life time, due to poor legal advise, if there is anyway i can assist, taking into account my schedule. i will be more than happy to.