Form FLR(O) visa soon to expire

[zalimet]

Greetings I am here on SEGS and due to expire soon, now I know that no more extensions are available under SEGS, I do not qualify for nothing else not even HSMP too much drama.

Now the thing is I want to put a case before HO, due to alot of personal circumstances I have using the FLR(O) other purposes/reasons not included....do you think HO will look at my application or case?


has anyone found themselves in a situation like that, than to put a case to HO no other choice.

[immigration1]

Greetings I am here on SEGS and due to expire soon, now I know that no more extensions are available under SEGS, I do not qualify for nothing else not even HSMP too much drama.

Now the thing is I want to put a case before HO, due to alot of personal circumstances I have using the FLR(O) other purposes/reasons not included....do you think HO will look at my application or case?


has anyone found themselves in a situation like that, than to put a case to HO no other choice.

They will consider it provided you've paid the fee. However, if they have to consider the application outside the Immigration Rules then the HO are very strict in my experience unless your circumstances are exceptional!

[zalimet]

Thanks for your response, I have submitted the form and it took 1 day to confirm receipt of the application form I was very much surprised, I had to hold on to my dentures. I consider my case to be exceptional they definitely got some detailed explanation. Waiting to hear a decision.

Wish me luck!!!!

[Jeff Albright]

are exceptional!

Let me add one crucial word "truly exceptional".

I don't want to disappoint you but your application will most probably be refused for the following reasons:

The BIA have a strict policy in place not to exercise discretion ouside the Rules unless there are TRULY EXCEPTIONAL, COMPASSIONATE and COMPELLING circumstances that would drive a decision in your favour. This is extremely high threshold. Being just on SEGS you are very unlikely to have any ese circumstances. Example of such circumstances -

1. Someone who falls so ill (in particular, terminally ill) that they cannot possibly be expected to return to your own country because they have no one there to look after them, there is no adequate medical care in their native country and they cannot travel in order to return - say a road accident leaving someone paralised in bed
2. Someone who has been in the country so long, 10-15 years during which they built family and private life so their return would breach the UK obligations under the ECHR. Long residence in this country alone does not necessarily count as a truly exceptional circumstance.
3. There is real fear for the person's life if returned, for example - the country is at war and/or the person was previously involved in political activities leading to his persecution by that country's government AND that person would be in danger in any other place in that country.
4. Someone who had legally married a British citizen or a person present and settled here and has been in relationship for over 2 years preceding the application AND cannot reasonably be expected to return with correct entry clearance in that category (for example due to disturbances there).
5. Someone who has a child who is a British Citizen AND who cannot reasobably be expected to return with the correct entry clearance
6. Someone who has a child who has lived in this country for over 7 years

This list is not exhaustive. Some of the above factors alone won't render the case truly exceptional but the combination of them may do.

If your application is refused, you will have no right of appeal except the above grounds and will be expected to leave the country in 28 days if your visa has already expired or if not, on the day of the expiry of your visa.

[zalimet]

hmmm interesting, I understand well I will just wait and see nothing beats a trial, I think its better to try and I will think positive in light of what you just said I will keep my fingers cross. What is called a "casework unit?" are these smaller departments at Luna House which deals with specific individual cases? Thanks for sharing that information.

[avjones]

Sorry to say, but if you don't fall within the immigration rules or one of the Home Office policies about people outside the rules, it's very difficult to get leave to remain.

[zalimet]

Thank you Amanda, I am very much aware of all the rules, seen them, heard of them, talk about them etc, sad stories & good stories I will just wait and accept any decision that is made.

What I noticed on here is people tend to give up very quickly and not give themselves a chance to see what may happen, I have the positve attitude and whatever outcome I will surely let you know good or bad.

The chance of a dog is not the chance of a cat

[avjones]

Good idea - you can't get if you don't try.

Don't feel you need to give all the details, but might you fall within a policy outside the Im Rules?

[zalimet]

Due to my personal circumstances even before I arrive in the UK alot has changed and have explained everything tiny detail and submitted evidence to support my application so there are one or two things that HO may look at. So I encourage people whatever they have to do just do it and leave things to chance.

[avjones]

Best of luck.

[zalimet]

Thank you, I will need it.

[zalimet]

Update! I received a call from HO today, the lady apparently the caseworker on my application said to me that I was not specific as to under what category/rules that I wanted my application to be considered so she will return it to me.

The thing I did was to make it open so that they can decided under what rule I should be considered I did not know that I had to say for e.g. LOTRor DL etc can someone advise me please.

Another questions is which department or address consideres leave outside the rules?