Not sure which way my FLR application will go

[RedCabbage]

Hello,

I have just joined this forum and I am a bit anxious about my FLR application, which is still being decided by the UKBA as we speak. I will try to succinctly explain my situation.

I am a Croatian citizen who has been living legally in the UK since September 2003, first on student visa (I did a BA and an MA at a British University) and later on a post-study work visa. In 2006 I met my partner, who is a British Citizen since birth and we moved in together in August 2008. Luckily, we both signed a tenancy agreement. I have an 11-year old son from a previous marriage who has also been living with me, as my dependent, since 2003. He has only ever been to school here in the UK. I used to be married, but I have been legally divorced for many years and I supplied my official divorce documents with my FLR application.

In September 2010, several days before my old post-study visa was due to expire, I applied by post for a FLR as an unmarried partner of a British citizen, with my son on the application as the dependent.

Unknown to me at the time, the payment they had tried to take failed and my application was returned to me as invalid. But only after they have kept it for 47 days! Basically, I got suspicious that the payment hadn't been taken yet after month and a half (although I did receive an acknowledgment letter), hence I called the Home Office. And, hey presto, 3 days after my phone call, I got all of documents back.

After a few days of very stressful research, coupled with a visit to the Immigration Advisory Service, I re-submitted my application with detailed covering letter asking them to treat it as a continuation of the previous application with references from similar precedents already set and Article 8 rights. Lots of those cases have been discussed on this forum already. I did not go as far as to threaten with a JR if they refuse me based on the application being out-of-time, but I think it was fairly clear from the letter that was the intention.

My son and I had submitted our biometrics a few days before Christmas and in early January we received a letter (together with my partner's passport) from a caseworker confirming that I had asked them to exercise discretion in terms of when the application was made and they asked me to provide them with a letter from the bank confirming failed payment and more evidence that my partner and I had been living in a relationship akin to marriage between October 2008 and November 2010 (initial app was made in Sep 10, so the newest documents had been from Aug 10).

I was a bit surprised by the second request, as I thought we had provided all they had asked for in their checklist: at least 6 official documents from different sources, either in joint names or addressed individually spanning for 2 years prior to the application. Admittedly, we had a tenancy agreement from August 2008 and then not much for several months after due to the fact we both had to change our addresses with banks, switch utilities etc. But still, I thought we had plenty to prove we had been living at this property.

Therefore I responded to the letter and sending a bit more documentation, which to me seemed very much similar to what we had already sent. I did say in my cover letter that, should they wish to see any other evidence, maybe of a more personal nature (private emails, photos, letters from family members and friends confirming our relationship etc.), they should just request it and I would be happy to send more.

Since then I have heard nothing. Yesterday 14 weeks passed since I had my biometrics taken so I called to get an update. All I discovered was that my application was still under consideration. Well, I could have said that myself, since I got no refusal nor a visa yet! They said that there were no legal time limits within which they had to reach a decision.

This is now really getting to me! I thought it was good news when they asked for more info, but still now I am worried that it is all taking too long and that I might be rejected! I am due to start a new job in just over a month and I am terrified of loosing it if I can't prove I am entitled to live and work here.

Has anyone had a similar experience? What are your thoughts?

Any help would be appreciated! We are all getting really worried now.

[TTMY]

hi
my question is when did u divorce? and did you declare "married' in entry clearance.

[RedCabbage]

Just a quick update, a few weeks ago I finally got my visa!

Admittedly, they gave me the concessionary leave, not the unmarried partner visa, but I am still happy it has been all sorted now after waiting for almost 7 months.

I have really learnt a lot about the immigration process, particularly about the rules applying to families and those with children, so I would be happy to share my tips and experiences if anyone needs help.

I can more than understand what it feels like!