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what application form SET(o), (m) or FLR`m`

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diversitypeople
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what application form SET(o), (m) or FLR`m`

Post by diversitypeople » Thu Mar 05, 2009 1:59 pm

Hi everyone I am confused about what application to use for settlement to stay in the uk. I am a jamaican national married to a uk citizen for over 8 years, however i have been overstaying for 5 years after originally coming here on a student visa. I have been to 3 different lawyers who have all recommended 3 different forms ( set `o` or `m`) and (flr`m`).. any guidance or help would be appriciated..

hamid84
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Posts: 351
Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands
United Kingdom

Post by hamid84 » Thu Mar 05, 2009 3:26 pm

It't not as easy as you are thinking. Since you have over stayed, you will require to produce hell of documents.

More comments will be made by experienced member.
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

diversitypeople
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Joined: Thu Mar 05, 2009 1:39 pm

Post by diversitypeople » Thu Mar 05, 2009 5:31 pm

i understand that its not easy, i have all the required documents from first arriving in 2000 up until now..

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Thu Mar 05, 2009 5:53 pm

And you'll have to go home to apply....
An chéad stad eile Stáisiún Uí Chonghaile....

diversitypeople
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Post by diversitypeople » Thu Mar 05, 2009 5:57 pm

I was informed that I will be able to apply from the uk but its a 50/50 chase which i am willing to take instead of going back.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Thu Mar 05, 2009 6:29 pm

diversitypeople wrote:I was informed that I will be able to apply from the uk but its a 50/50 chase which i am willing to take instead of going back.
You can't apply from UK as an overstayer unless there are maybe children involved of extreme compassionate circumstances. I'd say the odds there 1/99 not 50/50.....

You could apply under Human Rights but it would be a long expensive battle with no guarantee of success.
An chéad stad eile Stáisiún Uí Chonghaile....

jei2
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Location: London

Post by jei2 » Thu Mar 05, 2009 7:33 pm

You need FLR(M).

You can't apply for settlement - SET(M) - just yet.

You can apply from the UK. But as already pointed out if you submit an in-country application you're likely to be refused unless you have some factors under Article 8 that would help your case.

But expect to hunker down for 2 or 3 years while you wait. Most likely for a refusal.

Better to return home if you have just had a straightforward period of overstaying and get back in 12 weeks or so if you've done everything right.

Now that you're hearing more or less the same thing from everyone here, I hope that it will help you to make your decision instead of finding another 2 lawyers who can't even tell you which is the correct form to use. :shock:
Oh, the drama...!

diversitypeople
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Post by diversitypeople » Fri Mar 06, 2009 11:20 am

So even if i've got a child here with my wife who's now 6, would i still need to go back??
Thanks for all your replies really greatful, as for jei2 comments i was a bit bemused myself as to why all the lawyers would give me different information... puzzling.

jei2
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Location: London

Post by jei2 » Fri Mar 06, 2009 11:39 am

diversitypeople wrote:So even if i've got a child here with my wife who's now 6, would i still need to go back??
Thanks for all your replies really greatful, as for jei2 comments i was a bit bemused myself as to why all the lawyers would give me different information... puzzling.
All the lawyers??? :?

I think you'll find there's a few more in the UK than that! :)

As I've said you don't need to go back to make an application. You can just stay here and wait for a potential refusal after 3 years. Which seems to be the decision you're going to make anyway.

Good luck.
Oh, the drama...!

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