Should we apply for SET(M) or FLR(O) or FLR(M)

cc_1987 · Post by **cc_1987** » Sat Oct 24, 2009 11:10 pm

Sooo baffled with all the forms

my boyf overstaid about 3 years now

we are going for a COA to marry but want to apply under article 8 family life as he has a son from a previous relationship has worked and also settled over here. he has his uk drivers no convictions, never claimed benefits and paid tax contributions since his student visa expired.....

what for do we apply for?

is their a specific article 8 discretionary leave form or do we apply for that by stating it? HELP

thankyou!!!

Wanderer · Post by **Wanderer** » Sun Oct 25, 2009 6:51 am

cc_1987 wrote:Sooo baffled with all the forms

my boyf overstaid about 3 years now

we are going for a COA to marry but want to apply under article 8 family life as he has a son from a previous relationship has worked and also settled over here. he has his uk drivers no convictions, never claimed benefits and paid tax contributions since his student visa expired.....

what for do we apply for?

is their a specific article 8 discretionary leave form or do we apply for that by stating it? HELP

thankyou!!!

Article 8 claims are very difficult to make, and to be honest based on the circs. you've posted, unlikely to succeed.

The issue is one of proportionality, how difficult is it for him to return home for a spouse visa? If it's Zimbabwe it's not easy, so Art 8 might succeed, but it's India etc it's no issue for him to go home and apply the proper way like everybody else.

cc_1987 · Post by **cc_1987** » Sun Oct 25, 2009 3:29 pm

Hi there, well he really wants to apply in country and we've seen how hard it is cos of him overstaying.

I know if we apply incountry it can take a long time, if hes overstayed is it still the FLR(M) he uses...how can he apply for further leave if his stay is over, wont they see it as taking the p*ss? I've heard of some people overstaying, apply for FLR(M) and being given discretionary leave for a few years, so how is it unlikely we will succeed when most people seem to be granted either that or a straight no?

Hes scared of applying from home in Kingston as we all know they are notoriousley difficult and to be honest i cant bear being away from him with that uncertainty.

I just want to know the best way to complete our application i know the overstay is a huge smudge but other than that we have to think positive and make the rest as organised and as water-tight as possible

any tips from someone who has been there themselves and were successful when overstayed...better still i've done a search hardly anyone saying what happened in the end!

thanks for your response

Wanderer · Post by **Wanderer** » Sun Oct 25, 2009 3:37 pm

Jamaica is a safe country so no issues with returning - u can just do that or try for DL on an Art 8 claim but it's a long road with little chance of success IMHO, think I read it takes about three years, plus no work is allowed during this time.

Reading between the lines he appears to be working now, illegally. Suggest he stops or he could face removal which will make things uncredibly hard, plus he's being unfair to his employer who is liable to a Â£10k fine for umploying an illegal worker.

Also bear in mind applying for the CoA will alert the HO to his presence and possible result in a Wedding day removal - it's happened before....

Going home is the only sure fire way.

cc_1987 · Post by **cc_1987** » Sun Oct 25, 2009 4:15 pm

Serious. We were told by our solicitor that applying for COA is the easy part - that most people cant get removed from that...as long as the relationship is genuine and we have enough proof etc...

how will they know the date were going to marry? were going to book it after we recieve the COA and might have it in a church anyway (of england) or registry...

hmmmmm

he wont be likely to get entry to the UK will he, if he leaves for JA because we wont be married without a COA?

Kingston is hard i've heard they might say nay on his overstay

If he stays for another 10 years undetected (14 year thing) wont that protect him

meats · Post by **meats** » Sun Oct 25, 2009 4:18 pm

cc_1987 wrote:Serious. We were told by our solicitor that applying for COA is the easy part - that most people cant get removed from that...as long as the relationship is genuine and we have enough proof etc...

how will they know the date were going to marry? were going to book it after we recieve the COA and might have it in a church anyway (of england) or registry...

hmmmmm

he wont be likely to get entry to the UK will he, if he leaves for JA because we wont be married without a COA?

Kingston is hard i've heard they might say nay on his overstay

If he stays for another 10 years undetected (14 year thing) wont that protect him

People have been removed on the day of their wedding after applying for COA and detained and deported. The UK Border Agency TV show showed an episode where a Jamaican who had overstayed for years was arrested on the day of his wedding, outside the registry office in fact, detained and deported. The wedding, obviously, didn't go ahead. The same happened with an Indian man up in Scotland.

Wanderer · Post by **Wanderer** » Sun Oct 25, 2009 5:33 pm

cc_1987 wrote:Serious. We were told by our solicitor that applying for COA is the easy part - that most people cant get removed from that...as long as the relationship is genuine and we have enough proof etc...

how will they know the date were going to marry? were going to book it after we recieve the COA and might have it in a church anyway (of england) or registry...

hmmmmm

he wont be likely to get entry to the UK will he, if he leaves for JA because we wont be married without a COA?

Kingston is hard i've heard they might say nay on his overstay

If he stays for another 10 years undetected (14 year thing) wont that protect him

What meats said...

Plus, CoA won't protect him - it's not a visa and designed for those who have legal right to remain. UKBA is a slick operation now, watch UK Border Force on Sky TV on Mondays, they put the Nazi SA to shame......

Re: ten years, not easy, long time and no work unless he wants to implicate an employer which doesnt seem fair does it? Plus there sages amongst us predict the 10 year and 14 year stay will go in the new ILR/BC revamp due soon.

taliska · Post by **taliska** » Sun Oct 25, 2009 5:56 pm

cc_1987, meats and Wanderer are giving y'all very good advice, I also saw theprogram where the Jamaican got removed on his wedding day and he had I think 3 children and had applied for COA which he received acknowlegement and thought this was going to be safe for him but he was removed and all the wedding prep was waisted. the immigration officer said he should have returned to J/A and applied for fiance visa etc...S don't try it the H/O is very clued up as they are trying to hit deportation figures which they have been tasked to and people who apply in these ways are the easy ones to deport. Which is the right thing...So sorry there is no other way but hopefully the time you will have to spend apart will be short...Listen to the advice although I know you maybe want a different answer but this is the best and most advisable path...Good Luck.

cc_1987 · Post by **cc_1987** » Sun Oct 25, 2009 9:01 pm

I understand what your all saying but how are they gonna know when were getting married and at the end of the day why give the guy a COA and then grab him, lol they could've gone to his house anytime they wanted

plus, they have to show off on TV and scare people

we will get COA and then go to jamaica and apply for flr(m) over there

thankyou fior your time and views i'm very appreciative x

meats · Post by **meats** » Sun Oct 25, 2009 10:04 pm

cc_1987 wrote:I understand what your all saying but how are they gonna know when were getting married and at the end of the day why give the guy a COA and then grab him, lol they could've gone to his house anytime they wanted

plus, they have to show off on TV and scare people

we will get COA and then go to jamaica and apply for flr(m) over there

thankyou fior your time and views i'm very appreciative x

Don't say you haven't been warned.

Post by **Obie** » Sun Oct 25, 2009 10:54 pm

CC 1987, i saw that episode, and i was deeply troubled, mystified and appauled by the degree of lack of basic human empathy and decency possessed by UKBA staff. That is the worst thing any human being should have to endure, on their wedding day. They set out to destroy the day for the couples and that is exactly what they did. It went beyond getting rid of undocuments immigrant, it was gross evil and lovely. They could have done it any day, but they chose the day when the impact will be worst felt.

I am glad they showed it on TV, so that people can see exactly what immigrants are facing and that all is not hunky-dory

There is a ruling called Chikwamba, through which he can apply, but the necessary threshold is quite high, and there is every possibility he might not meet it. Are the children he has, under his sole care, are they british or has settlement status.

The success rate of a Spousal Visa application in Jamaica is not as high as other places, but i am sure if you get the accommodation and Maintenance side of things sorted, you will most likely be fine, in that respect.

If he had an existing leave, you could have had it varied, but due to the fact that his student visa has expired, i suspect the success rate will be minimal.

Post by **Casa** » Mon Oct 26, 2009 11:34 am

If you are lucky and get away with marrying on the COA (you've been given sound advice on this), you won't be applying for FLR(M) from Jamaica. It will be a spouse settlement visa on form VAF4a. Fee Â£585.00
Will you be able to show in the application that:
You can support yourselves financially without claiming Public Funds (benefits)
You have adequate accomodation
Your relationship is genuine
You're both over 21 at the time of the application.

Why not marry in Jamaica?

Jammydogger · Post by **Jammydogger** » Mon Oct 26, 2009 2:14 pm

If your fiance has overstayed and your British its highly unlikely that they will allow you to do an in country application.

If you apply for COA whether it was on UK Border force or not, you can be sure even if they grant which is what they do these grant the COA and then they come and pick you up.

Best bet is to try getting married in COE church. If you or your Fiance has been babtised/Christened in that church they will marry. Or start attending the church and then ask the priest.

Seriously its better for him to get married here and go down and apply. If you try apply here the HO will give you a fight and it will make reapply if they send him back to Jamaica more difficult.

My friend did it, she overstayed for 10yrs, tried to appeal for Discretionary leave. It was refused and she lost the appeal. She then got married to Bf and went down. Had her solicitor do all application and docs from here. She was back within three months and it only took that long because she took forever to collect her docs from the solicitor.

In country applications for overstayers hardly work, unless your going EEA route.

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Should we apply for SET(M) or FLR(O) or FLR(M)

Should we apply for SET(M) or FLR(O) or FLR(M)

Re: Should we apply for SET(M) or FLR(O) or FLR(M)