FLR(O) Discretionary Leave waiting times ..??

[evie233]

Thanks for the info verbina.. I am putting it in without a solicitor, so fingers crossed I will just have to get that fee...

[Goodness&Mercy]

@ada4msd
So sorry just reading your request.The decisions referred to were very close friends .I am happy to assist if u have specific questions.
If u don't hear a response quick enough ,it's because I have not being back on this forum and would address it when next I visit the forum.I got addicted to this forum while helping my friend gather information.Its always great to read people's victory after such battle.l

[Zee ali]

Hi Everyone.
I came to UK in April 2005 on student visa. I got married in nov 2007 in pakistan. My wife joined me in UK in April 2008 as student dependent.
Currently i am on Tier 4 visa expiring May 2014. So I am 11 months short to complete my 10 Years.
Cant extend my student visa as i spent 9 years on student visa. No money for Entrepreneur visa.
2 children will be age 5 years 8 months and 2 years 1 month on expiring of our visa (May 2014).
Any suggestionas for me?????
Which form i need to fill in FLR (FP) or FLR O?????
Do i stand any chance to get DLR????
Can i spend 11 months on visa processing time and on appeal time???????

My Wife previous History
She came in uk along with her parents in 2002 as a visitor. Claimed asylum, which was refused all appeals exhausted. Left UK in july 2006 Voluntarily. My father in law was murdered after 3 weeks of their return. I got married in Nov 07. Applied my wife student dependent visa in Jan 08 which was refused due to deception.
Deception was she hide her last uk visit in her application form as she and my in laws never told me about their UK visit but told about the murder of my father in law.
Applied again in March 2008. This time told UKBA everything about last visit and my father in law unfortunate death with evidence like newspaper cuttings, police report etc etc.
My wife got her student dependent visa in April 2008. and she joined me here same month. We had 3 extension together never had any problem.
Any chance if we mention this history in our application, will this be helpful to get DLR???????

[nilemarques]

[quote="ada4msd"][quote="Goodness&Mercy"]@shondra sharma
Congratulations on your child successful application.
Based on 2 very recent successful decisions I read ,The child's best interest is the focus of the decision and a favorable decision was granted parent on the conclusion that it's unreasonable to expect the child to leave the uk. With your British citizen child I believe u have a very strong ground on the child where 20yrs would b considered for the adult.
Best wishes[/quote]
@ Shondra sharma
Congrats on this achievement, its is a big stepping stone.
@Goodness&Mercy
could you provide a link to the 2 recent decisions which has the best interest of the child as a focus. Am preparing for an appeal and doing my reseach as i cant afford to pay a lawyer. i need caselaws like the ones you are talking about.[/quote]

@Ada4msd. There's a link I sent on page 433 if I remember correctly on a favourable judgement re: 7 years child best interests. Good morning all by the way. Congrats to those granted and fear not to those refused and those still waiting, keep the faith!
Good day all.

[smatts07]

Hey, hope someone can help me. I applied in sept 2012 on the basis of being a parent of a child in the UK, in Oct 2013 I was denied with right to appeal, so I've sent off an appeal about a week after that letter. They never took the fee out, and I did seek advice on here perhaps in December and someone told me that it could take 8-12 weeks before they processed it... Well today I received a text saying that I don't have to the right to leave to remain and to ring them regarding my case. I'm assuming that they never received my appeal. Perhaps it got lost in the post. Seeing as how when I initially applied waiting times were 4 weeks and it took them over a year to process my application, I figured they were just as bad with their appeals.
I am going to a citizens advice bureau tomorrow to see what I should do. I have no proof that I sent out my appeal
Does anyone have advice please

[smilingdaisy]

Hello forum members,good evening to you all. Been a silent follower of this forum and thought to log in to seek some advice. Submitted an flr application got refused and was granted a right of appeal . Went for my appeal hearing last week, note the application had my partner as dependant Along with my son who is a minor. When we got to the appeal,the judge simply made it clear he didn't have time to waste by speaking to my partner or questioning her so turned put even though she did get a right of appeal,she never appeared before the judge and I had to answer all the questions by myself. The gearing didn't last for 30 mins,the judge didn't ask me a single question so all questions were from the home office rep who was very nice but then nice doesn't do it all.lol

I was told determination will be sent out in a few weeks. Anyone knows how long this will take? The judge didn't as much as look at me twice so am so scared now perhaps he has made up his mind already. I didn't even have the chance to say as much as I would have loved to but said the little I could. Had valid leave till my flr was refused so don't know if the judge will take this into consideration. Been here 5 years now. Just wanted to know what my chances are.

Are judges usually silent and expressionless or was it just in my case? My solicitor tried her best but I felt she could have done better . Not trying to sound ungrateful but.....

[Zee ali]

Hello forum members,good evening to you all. Been a silent follower of this forum and thought to log in to seek some advice. Submitted an flr application got refused and was granted a right of appeal . Went for my appeal hearing last week, note the application had my partner as dependant Along with my son who is a minor. When we got to the appeal,the judge simply made it clear he didn't have time to waste by speaking to my partner or questioning her so turned put even though she did get a right of appeal,she never appeared before the judge and I had to answer all the questions by myself. The gearing didn't last for 30 mins,the judge didn't ask me a single question so all questions were from the home office rep who was very nice but then nice doesn't do it all.lol

I was told determination will be sent out in a few weeks. Anyone knows how long this will take? The judge didn't as much as look at me twice so am so scared now perhaps he has made up his mind already. I didn't even have the chance to say as much as I would have loved to but said the little I could. Had valid leave till my flr was refused so don't know if the judge will take this into consideration. Been here 5 years now. Just wanted to know what my chances are.

Are judges usually silent and expressionless or was it just in my case? My solicitor tried her best but I felt she could have done better . Not trying to sound ungrateful but.....

Hello.
Kindly tell us bit more about your previous history. when did u come and on which visa??
your child age?
and on what basis u apply for flr

[smilingdaisy]

Been on post study before flr, came on student visa.
Child will be 4 years old and apply based on a very personal issue hence the leave outside the rules. Sorry can't disclose the personal issues and I sincerely hope you understand.
Thanks a lot.

[smilingdaisy]

Please forum members kindly tell me what you think.

[MissA]

Please forum members kindly tell me what you think.

Darling God can do anything but if it's up to this judge you may be refused. Before I became settled I had an appeal and the judge was very pally with the ukba representative and my poor lawyer was quaking in his boots. I actually felt sorry for him trying to explain my case. Quite naturally I was refused,but I won my next appeal as we raised points of first judge being biased, I also got another solicitor to argue my case though. Best of luck.

[smilingdaisy]

Please forum members kindly tell me what you think.

Darling God can do anything but if it's up to this judge you may be refused. Before I became settled I had an appeal and the judge was very pally with the ukba representative and my poor lawyer was quaking in his boots. I actually felt sorry for him trying to explain my case. Quite naturally I was refused,but I won my next appeal as we raised points of first judge being biased, I also got another solicitor to argue my case though. Best of luck.

Thank you dear. To be honest I can only trust God now. That judge I don't even know. The home office officer was indirectly telling me well facing my lawyer or solicitor but apparently addressing us both as he said I shouldn't take anything personal as he is only doing his job. I could sense he felt uncomfortable as the hearing commenced but at the end he still did what he had to do which I understand but I am just confused about the judge. I mean my partner should have at least been questioned or something, since she also had appeal rights and her witness statement was contained in the bundle, the only questions I answered were from the home office officer and they were just 6 questions . Then my solicitor started speaking to the judge to see reasons and all. I can only call on God to help me now because I don't know again. Just patiently waiting for the 2-3 weeks determination like he said. He didn't even look at me throughout just said he will send determination and then that was it . Please forum pray for me , I don't have money again to pay anyone am tired.
Thanks Miss A

[Seneca]

Any suggestionas for me?????
1.Which form i need to fill in FLR (FP) or FLR O?????
2. Do i stand any chance to get DLR????
3. Can i spend 11 months on visa processing time and on appeal time???????
4. Any chance if we mention this history in our application, will this be helpful to get DLR???????

Here are few suggestion:
1. FLR(FP)
2. Difficult to be certain.
3. it depends. UKBA are more efficiently nowadays. It might take 2/3 months to decide your initial application and probably 6 months or less to decide your appeal. Or you might be luck and the process might take long time. There is no way to know.
4. Fill the form truthful,what is required and no more. False information can be heavily punished by UKBA.

[Seneca]

Hey, hope someone can help me. I applied in sept 2012 on the basis of being a parent of a child in the UK, in Oct 2013 I was denied with right to appeal, so I've sent off an appeal about a week after that letter. They never took the fee out, and I did seek advice on here perhaps in December and someone told me that it could take 8-12 weeks before they processed it... Well today I received a text saying that I don't have to the right to leave to remain and to ring them regarding my case. I'm assuming that they never received my appeal. Perhaps it got lost in the post. Seeing as how when I initially applied waiting times were 4 weeks and it took them over a year to process my application, I figured they were just as bad with their appeals.
I am going to a citizens advice bureau tomorrow to see what I should do. I have no proof that I sent out my appeal
Does anyone have advice please

Order you SAR file. And you will know whether you appeal was received or not?

[MissA]

Please forum members kindly tell me what you think.

Darling God can do anything but if it's up to this judge you may be refused. Before I became settled I had an appeal and the judge was very pally with the ukba representative and my poor lawyer was quaking in his boots. I actually felt sorry for him trying to explain my case. Quite naturally I was refused,but I won my next appeal as we raised points of first judge being biased, I also got another solicitor to argue my case though. Best of luck.

Thank you dear. To be honest I can only trust God now. That judge I don't even know. The home office officer was indirectly telling me well facing my lawyer or solicitor but apparently addressing us both as he said I shouldn't take anything personal as he is only doing his job. I could sense he felt uncomfortable as the hearing commenced but at the end he still did what he had to do which I understand but I am just confused about the judge. I mean my partner should have at least been questioned or something, since she also had appeal rights and her witness statement was contained in the bundle, the only questions I answered were from the home office officer and they were just 6 questions . Then my solicitor started speaking to the judge to see reasons and all. I can only call on God to help me now because I don't know again. Just patiently waiting for the 2-3 weeks determination like he said. He didn't even look at me throughout just said he will send determination and then that was it . Please forum pray for me , I don't have money again to pay anyone am tired.
Thanks Miss A

Ok wld certainly pray for you. God is able. He did it for me and he wld do it for u and all forum members. Was laughing today with a friend as we were discussing my case. You wld one day look back and smile when it's all over.

[Seneca]

@east579new,
Thanks for your contribution, I stand to be corrected, there are eligibility and suitability requirements, one needs to pass otherwise one fails for refusal. But if flro is considered outside the immigration laws, then I stand a chance. Pardon me, I don't know how to do the link stuff, but if you search "suitability" on UKBA website, it is written there. That is why am confused. Of course I would not put in the bill but they do their checks and can find out themselves . Pls let me know what you think after going through it. Much thanks.

On Eligibility and Suitability
There are suitability and eligibility requirements for FLR(O) application, in fact for all application. Go to the UKBA website, click policy and laws. There, they have guidance and policy for all application. It is length document, but you can read some of the information here http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf And here: - http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

For article 8 private and family life the threshold is little bit lower and there is large degree for discretion compared to other application like ILR or British Citizenship.

Eligibility is simple:- Fill correct form, pay correct amount, etc,
Suitability: - one must not have long unspent prison sentence on his name, not be threat to national security, not involved in terrorism home or abroad, one must attended an interview, provide information, signing on when required to do so, not provide false information or documents etc.

Other factors like working while illegal, studying while not allowed, NHS debt , using false name, short term prison sentence all these can be overlooked when the caseworker apply proportionality and fairness test and look at balance of probability if infact it is in the public interest to denied the person a visa. But it is better to be on the safe side and avoid anything negative as rules are tightening every day. So i think lowering your debt below £1000 if you can afford make sense.

If one has debt to NHS, bank or other organisation as long as one hasn’t been asked specifically in the form or by letter to do so no need to mention it. On the application form it is your opportunity to put your best foot forward. So one should concentrate on character, conduct, association, education, strength of connection with UK, time spent in UK, Ties (socially, culturally and family), in fact anything positive which might help the case.

When asked about other things which might be seems negative one should come clean, because they (UKBA) might already know the truth or are very likely to find the truth soon or later. Providing false information or refusing to comply is just digging bigger hole and save no purpose imvho.

[Zee ali]

Any suggestionas for me?????
1.Which form i need to fill in FLR (FP) or FLR O?????
2. Do i stand any chance to get DLR????
3. Can i spend 11 months on visa processing time and on appeal time???????
4. Any chance if we mention this history in our application, will this be helpful to get DLR???????

Here are few suggestion:
1. FLR(FP)
2. Difficult to be certain.
3. it depends. UKBA are more efficiently nowadays. It might take 2/3 months to decide your initial application and probably 6 months or less to decide your appeal. Or you might be luck and the process might take long time. There is no way to know.
4. Fill the form truthful,what is required and no more. False information can be heavily punished by UKBA.

Thanx for your useful advise.
kindly explain bit more about your 4th point. Immigration history which i told is 100% true.and nothing false. will that thing help us during our case. If anybody claim asylum and refuse and get kill after return is a serious matter. and still we are afraid to go back as the culprits never got caught. But as we have legal status we don't want to apply asylum.

[summer2013]

Good evening Forum!!!!!!!! I want to share a good news : My child british citizenship application is successful. Guide me what's the next step for me and my partner.

Excellent news Shondra, very happy for you. Your freedom is closer NOW!!

[Shondra Sharma]

thanks@summer2013. How you doing? You will get a stay soon. Your PAP letter reply from home office, that's good news. What your solicitor saying? god bless.

[tinapalak]

@shondra sharma congratulation for your childs citizenship. now you are very close.are you going to apply again ?
@verbina congratulation to you ,you really deserve this .enjoy your freedom.

[Shondra Sharma]

Thanks@tinapalak. How are you? Yes my dear going to apply again.

[k_alibaba]

Hi Dear friends
Hope you're well
Alhamdolillah
I'm really happy and relieved,
Just received the documents by post with DLR approval for my daughter and wife for another 3 year.
It's really been good to be at this forum and thanks all for help and support
My prayers are always for you guys to get your applications approved soon.
Here is my time line

Date Applied/Docs sent: 16/12/2013
Date Received Ack. Letter : dated 18/12/13
Date received. 23/12/2013
Date Biometrics booking letter arrived: 07/01/2014
Date Biometrics Done at PO : 08/01/2014
Date Passport/Docs received from HO: 28th January 2014
Date Biometrics received : waiting

Good luck all, for your applications.

[ada4msd]

@east579new,
Thanks for your contribution, I stand to be corrected, there are eligibility and suitability requirements, one needs to pass otherwise one fails for refusal. But if flro is considered outside the immigration laws, then I stand a chance. Pardon me, I don't know how to do the link stuff, but if you search "suitability" on UKBA website, it is written there. That is why am confused. Of course I would not put in the bill but they do their checks and can find out themselves . Pls let me know what you think after going through it. Much thanks.

On Eligibility and Suitability
There are suitability and eligibility requirements for FLR(O) application, in fact for all application. Go to the UKBA website, click policy and laws. There, they have guidance and policy for all application. It is length document, but you can read some of the information here http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf And here: - http://www.ukba.homeoffice.gov.uk/polic ... rules/part 9
For article 8 private and family life the threshold is little bit lower and there is large degree for discretion compared to other application like ILR or British Citizenship.

Eligibility is simple:- Fill correct form, pay correct amount, etc,
Suitability: - one must not have long unspent prison sentence on his name, not be threat to national security, not involved in terrorism home or abroad, one must attended an interview, provide information, signing on when required to do so, not provide false information or documents etc.

Other factors like working while illegal, studying while not allowed, NHS debt , using false name, short term prison sentence all these can be overlooked when the caseworker apply proportionality and fairness test and look at balance of probability if infact it is in the public interest to denied the person a visa. But it is better to be on the safe side and avoid anything negative as rules are tightening every day. So i think lowering your debt below £1000 if you can afford make sense.

If one has debt to NHS, bank or other organisation as long as one hasn’t been asked specifically in the form or by letter to do so no need to mention it. On the application form it is your opportunity to put your best foot forward. So one should concentrate on character, conduct, association, education, strength of connection with UK, time spent in UK, Ties (socially, culturally and family), in fact anything positive which might help the case.

When asked about other things which might be seems negative one should come clean, because they (UKBA) might already know the truth or are very likely to find the truth soon or later. Providing false information or refusing to comply is just digging bigger hole and save no purpose imvho.

Thankyou Honourable forum Membrs for all your honest contributions, I apprecite. apologies for responding late, trying to get relevant documents for my appeal and application. Went to se my GP for a confirmtion letter that i do bring my son to the surgery for immunisations and check. He refused saying that they do not get involved in cases like this. I was disappointed, will keep trying. I already have confirmation of his gp registeration, but that is not enough as homeoffice do not believe that my son lives with me, incredible. The boy is just 13 months old and do not have much correspondence.crazy.
For the flro application, will try and bring down the bill (safer grounds) while waiting for the appeal. That is my only negative point and overstaying.

@Goodness&Mercy, thanks, will definitely get in touch for more assistance.
@Seneca thanks a lot for the link and your advice.
@nilemarques, thanks got the case on 433
@evie233, go for it babe( free application) just include the evidence that you are being supported by the Social Service.

@adetaq welldone mate and congratulations. I am happy for you. Enjoy.

[ada4msd]

Hi Dear friends
Hope you're well
Alhamdolillah
I'm really happy and relieved,
Just received the documents by post with DLR approval for my daughter and wife for another 3 year.
It's really been good to be at this forum and thanks all for help and support
My prayers are always for you guys to get your applications approved soon.
Here is my time line

Date Applied/Docs sent: 16/12/2013
Date Received Ack. Letter : dated 18/12/13
Date received. 23/12/2013
Date Biometrics booking letter arrived: 07/01/2014
Date Biometrics Done at PO : 08/01/2014
Date Passport/Docs received from HO: 28th January 2014
Date Biometrics received : waiting

Good luck all, for your applications.

@ k_alibaba, CONGRATULATIONS , THAT WAS PRETTY QUICK. BRAVO.

[k_alibaba]

@Ada4msd
Thanks. yeh its Quick
Best wishes for your case

[Goodness&Mercy]

@smillingdaisy
All you can do is trust and believe God works wonder even in the most impossible situation to man.He created the judge and the HO office and his word said the heart of the king is in his hand and he turns it as he wishes.
I have personally attended 4 appeals on behalf of family members whose application I was sponsoring over the years .I could not afford to pay a solicitor so I presented the case myself.I was not privileged to know of the existence of this fantastic forum at the time.
3 of those cases were succesful and the last unsuccesful. On each of the 3 succesful occasion there was a positive indication from the judge and the last one I could tell also the chances was very slim.
God is able ,you have done your best ,just trust God and I pray that very soon you ll share your good news on the forum in Jesus name.