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

[ladie14]

Thanks. I'm a British born citizen, moved to America to study where I met and married my husband. We had a baby and moved to England last year due to health issues my daughter was having, had no family there.. We were due to move to Ireland as we didn't have enough savings for a spouse vis and move back to England with an eu family permit. In the meantime I got a full time job, my daughter has had zero health problems since moving (she had more than 10 separate antibiotic prescriptions in a 6 month period in America) and starts nursery on Monday. We didn't want to move her again so we applied for discretionary leave for my husband. He was originally here on a visitor visa.the one and Only reason for the denial was that my daughter according to them isn't a British citizen (she was born in America.) our solicitor has said she is speechless at this logic as basic law states that my daughter is British by descent automatically. We applied in April, refusal at end of May and now court.

thanks for your reply. Your case is very strong i am 100% sure u will win the case. i am surprise why they said your daughter is not British as my understanding if mother or father is British their children automatically British . it is start forward case your husband will be get visa InshaAllah.

best regards,

They might right that your daughter is not automatically a British citizen,although by birth she is a British by descent and you need to prove it with a British passport,right of abode or registration.Does your daughter have a British passport/Right of abode?If yes,that means their decision was wrong.

[Ems1927]

She doesn't have a British passport but our solicitor said this does not matter and she is British.

[geemo]

Date Applied/Doc sent 28-06-2014
Date Ack received 01-07-2014
Date Biometrics letter:04-07-2014
Date Biometrics done:16-07-2014
Date Doc received :05-09-2014
Date Biometric received :05-09-2014
Applied to extend discretionary leave

Got answer for wife extension. Glory be to God in the Highest. My prayers and thoughts for all still waiting.

[fanfare]

Hi guys,

I stumbled across this page a couple weeks ago whilst doing some research for a family friend (she's not very good with computers! Lol). I read a lot of the thread, and I'd like to say that I am very impressed with how members are going out of their ways to help and advise others.

Anyway, I had a question to ask: She's been in the UK since 12. I believe that she'll be eligible to apply based on private life around next year summer. She'd life to go to university, so her question is: seeing as she came when she was 12 years and 1 month, does she only qualify when she's 24 years and 2 months. I.e. Exactly half life? I got the impression that applications are taking 2 months to process. Can she apply say when she is 23 years and 11 months? I hope my question is clear! Haha!

So I'm asking: does anyone know if the decision is made at the 2 month mark, so that by the time they get to dealing with her application, she'll finally reach 24 years and 2 months?

I'm so sorry if I've confused anyone. I tried my best to explain. If you'd like to clarify anything, please ask, and I'll reply as soon as I've spoken to her!

God bless

[ladie14]

She doesn't have a British passport but our solicitor said this does not matter and she is British.

Your solicitor does not know much about British Nationality,it is very complex.If your daughter was born in UK that would be a different case without British passport,your solicitor caused the refusal for poorly advice,.A foreign passport without right of abode/ USA birth certificate is not a prove of British nationality despite the fact you are a British citizen otherwise than descent.you can only prove her British nationality to UKBA by British passport/right of abode/Registration.Try to apply for anyone of these for her and re apply again for flr.

[subtlegirl]

She doesn't have a British passport but our solicitor said this does not matter and she is British.

Because she wasn't born here she needs to apply for a passport to claim her British citizenship.

My cousin is the same as your daughter. Until she register or gets a passport she'll not be recognised as british. Your lawyer is wrong there I'm afraid

[Ems1927]

I don't have a choice now. Our solicitor had been confident about the appeal going through and I have asked countless times whether she needed to be registered. We have no choice but to hope at this point. I'll be very upset if this is the case as we asked the solicitor before applying if we needed to get her a British passport. We were told it wasn't necessary and I still trust in that, it's on Tuesday so all we can do is cross our fingers!

[Believe2013]

Hello Good people

I am with Subtle-girl and ladie14 on this Ems127 sadly.
The Home office do not infer. The evidence needs to be clear and in black and white! It would be complacent to think otherwise - funny enough i discussed this with Dapsonlee on Wednesday afternoon! Well the saving grace is that judges do have that ability to interpret and infer so i think you will be ok - good luck.

Congrats to all those that have been successful so far and commiserations to those that have been refused.

[laseye]

hello people please i need a bit of help my lawyer seem to have complicated my case.

home office requested more documents from me.

sent my application is june (used lawyer) FLr(FP) my partner and Child british child partner parmanent residence but i do not have enough proof for 2 years as a matter of fact i have just about 14 months or almost.. the documents the require i honestlt dont have more thank half (2012-2014) but i do not have any for 2012 as my documnts started in 2013 but every other documents requedt for my partner and child we have more than enough. my fear is..
will my application be refused? i am really angry now as i wanted the lawyer to put in parent of british child and play along like i have sole responsibility at least i wonthave to look for 2 years cohabiting proof which i do not have


i will like to hear from those who have had this before or who know anything of this kind of case please.. should i send them the 2013 i have with cover letter of stories ? will my child and wife been citizen be a reason not to reject?
am an overstayer now.[/color][/color][/color]

[Ems1927]

Hello Good people

I am with Subtle-girl and ladie14 on this Ems127 sadly.
The Home office do not infer. The evidence needs to be clear and in black and white! It would be complacent to think otherwise - funny enough i discussed this with Dapsonlee on Wednesday afternoon! Well the saving grace is that judges do have that ability to interpret and infer so i think you will be ok - good luck.

Congrats to all those that have been successful so far and commiserations to those that have been refused.

Moving my family from USA to UK for my daughters health was anything but complacent. At this point I have no choice but to hope for the best, it doesn't matter who you side with as it's not a competition, this is about my daughter and whether her dad stays with us or not. I can only hope for a good outcome, can't look back.

[dapsonlee]

Hello Good people

I am with Subtle-girl and ladie14 on this Ems127 sadly.
The Home office do not infer. The evidence needs to be clear and in black and white! It would be complacent to think otherwise - funny enough i discussed this with Dapsonlee on Wednesday afternoon! Well the saving grace is that judges do have that ability to interpret and infer so i think you will be ok - good luck.

Congrats to all those that have been successful so far and commiserations to those that have been refused.

Moving my family from USA to UK for my daughters health was anything but complacent. At this point I have no choice but to hope for the best, it doesn't matter who you side with as it's not a competition, this is about my daughter and whether her dad stays with us or not. I can only hope for a good outcome, can't look back.

Hello Ems1927,

A gracious and humble welcome to the forum. Please do not despair, I believe everyone who have pointed the fact out to you are only looking out for you because of the home office inept ability to use common sense. It's indeed an office filled with minimum wage workers so you can see how quick they want to rush cases off without consideration and heading straight to the pub to talk about our misgivings. And solicitors on the other hand are not always that helpful just because of the few extra quid they want to make off you hence the sugar coated mouth and making us all fall prey to the so called courts.

It's too late to start putting things together and sincerely, I pray the outcome on Tuesday is a positive one and I for one will be very anxious looking forward with positive anticipation that the judge will go against all odds to see where common sense was displaced. Good luck with Tuesday.

[Believe2013]

Apologies Ems1927 the complacent comment was not directed at you but your legal reps. Thought i would clarify that. All the best anyways, i strongly believe you will succeed!

[Ems1927]

Thank you everyone. I will update when it's all over with!

[fanfare]

Hi guys,

I stumbled across this page a couple weeks ago whilst doing some research for a family friend (she's not very good with computers! Lol). I read a lot of the thread, and I'd like to say that I am very impressed with how members are going out of their ways to help and advise others.

Anyway, I had a question to ask: She's been in the UK since 12. I believe that she'll be eligible to apply based on private life around next year summer. She'd life to go to university, so her question is: seeing as she came when she was 12 years and 1 month, does she only qualify when she's 24 years and 2 months. I.e. Exactly half life? I got the impression that applications are taking 2 months to process. Can she apply say when she is 23 years and 11 months? I hope my question is clear! Haha!

So I'm asking: does anyone know if the decision is made at the 2 month mark, so that by the time they get to dealing with her application, she'll finally reach 24 years and 2 months?

I'm so sorry if I've confused anyone. I tried my best to explain. If you'd like to clarify anything, please ask, and I'll reply as soon as I've spoken to her!

God bless

Anyone? Any help would be really appreciated. I hope you're all having a good day.

[dapsonlee]

Hi guys,

I stumbled across this page a couple weeks ago whilst doing some research for a family friend (she's not very good with computers! Lol). I read a lot of the thread, and I'd like to say that I am very impressed with how members are going out of their ways to help and advise others.

Anyway, I had a question to ask: She's been in the UK since 12. I believe that she'll be eligible to apply based on private life around next year summer. She'd life to go to university, so her question is: seeing as she came when she was 12 years and 1 month, does she only qualify when she's 24 years and 2 months. I.e. Exactly half life? I got the impression that applications are taking 2 months to process. Can she apply say when she is 23 years and 11 months? I hope my question is clear! Haha!

So I'm asking: does anyone know if the decision is made at the 2 month mark, so that by the time they get to dealing with her application, she'll finally reach 24 years and 2 months?

I'm so sorry if I've confused anyone. I tried my best to explain. If you'd like to clarify anything, please ask, and I'll reply as soon as I've spoken to her!

God bless

Anyone? Any help would be really appreciated. I hope you're all having a good day.

Hello fanfare,

Welcome to the forum. To answer your question to my understanding and in view of the pattern of how applications have turned out on this forum, you cannot cut corners by taking into consideration the time it takes home office to deal with applications. Application has to be made when half of their life is spent and must not be older than 25 years of age. Anything short of that could result in refusal and advised to apply again. So 24 years and 2 months seem like the way forward. Someone on here was recently refused cos they applied just before.

Also to your second question the guideline on their websites states "they aim to complete applications within 6 months and if the application is complex, this might take longer and it will be confirmed to you in writing". The word "aim" means they will try to. On the other hand applications recently have seen faster response time so just brace yourself and be prepared to go both ways.

[fanfare]

Hi guys,

I stumbled across this page a couple weeks ago whilst doing some research for a family friend (she's not very good with computers! Lol). I read a lot of the thread, and I'd like to say that I am very impressed with how members are going out of their ways to help and advise others.

Anyway, I had a question to ask: She's been in the UK since 12. I believe that she'll be eligible to apply based on private life around next year summer. She'd life to go to university, so her question is: seeing as she came when she was 12 years and 1 month, does she only qualify when she's 24 years and 2 months. I.e. Exactly half life? I got the impression that applications are taking 2 months to process. Can she apply say when she is 23 years and 11 months? I hope my question is clear! Haha!

So I'm asking: does anyone know if the decision is made at the 2 month mark, so that by the time they get to dealing with her application, she'll finally reach 24 years and 2 months?

I'm so sorry if I've confused anyone. I tried my best to explain. If you'd like to clarify anything, please ask, and I'll reply as soon as I've spoken to her!

God bless

Anyone? Any help would be really appreciated. I hope you're all having a good day.

Hello fanfare,

Welcome to the forum. To answer your question to my understanding and in view of the pattern of how applications have turned out on this forum, you cannot cut corners by taking into consideration the time it takes home office to deal with applications. Application has to be made when half of their life is spent and must not be older than 25 years of age. Anything short of that could result in refusal and advised to apply again. So 24 years and 2 months seem like the way forward. Someone on here was recently refused cos they applied just before.

Also to your second question the guideline on their websites states "they aim to complete applications within 6 months and if the application is complex, this might take longer and it will be confirmed to you in writing". The word "aim" means they will try to. On the other hand applications recently have seen faster response time so just brace yourself and be prepared to go both ways.

Hi Dapsonlee,

Thanks for your kind response I suspected that would be the answer. Ok, I'll encourage her to gather evidence for now, and wait till 24 years and 2 months. Hopefully I'll be back here to share her success in around a year's time.

Have a nice day

[laseye]

home office requested more documents from me.

Sent my application in june (used lawyer) FLr(FP) my partner and Child british child partner parmanent residence but i do not have enough proof for 2 years, as a matter of fact i have just about 14 months or almost.. the documents they require i honestly dont have more than half (2012-2014) and i do not have any for 2012 as my documnts started in 2013 but every other documents requedt for my partner and child we have more than enough. my fear is will my application be refused? i am really angry now as i wanted the lawyer to put in parent of british child and play along like i have sole responsibility at least i wonthave to look for 2 years cohabiting proof which i do not have

Please , can i need all the advice i can get on this matter , i need to send thgem urgently , any prospect or approval ?
am an overstayer now

[icehouse256]

Hi Everyone, I have an update on my flr(FP) application. I just received a call from my lawyer that the HO returned my wife's passport and provisional license counterpart, we never asked for any return of documents. I am just surprised why this has happened, it wasn't accompanied with any letter, neither did they send my own documents. Please does anyone have any experience on this.

[dapsonlee]

home office requested more documents from me.

Sent my application in june (used lawyer) FLr(FP) my partner and Child british child partner parmanent residence but i do not have enough proof for 2 years, as a matter of fact i have just about 14 months or almost.. the documents they require i honestly dont have more than half (2012-2014) and i do not have any for 2012 as my documnts started in 2013 but every other documents requedt for my partner and child we have more than enough. my fear is will my application be refused? i am really angry now as i wanted the lawyer to put in parent of british child and play along like i have sole responsibility at least i wonthave to look for 2 years cohabiting proof which i do not have

Please , can i need all the advice i can get on this matter , i need to send thgem urgently , any prospect or approval ?
am an overstayer now

Laseye,

I trust that you are ok! I believe that the home office requesting for more documents does sometimes but not all the time justify them granting you. But the request from them fulfilled by you should be a good sign that they are actively looking into your case. People with less than 2 years have sometimes been granted on here though not all the time. Therefore a good statement from yourself backed up by the lawyer should see you through. In as much as you are looking to be assured, this is a 50/50 chance. With faith, I am casting my 50 on the positive news as we can't wait to hear your good news. Goodluck.

[flozo64]

home office requested more documents from me.

Sent my application in june (used lawyer) FLr(FP) my partner and Child british child partner parmanent residence but i do not have enough proof for 2 years, as a matter of fact i have just about 14 months or almost.. the documents they require i honestly dont have more than half (2012-2014) and i do not have any for 2012 as my documnts started in 2013 but every other documents requedt for my partner and child we have more than enough. my fear is will my application be refused? i am really angry now as i wanted the lawyer to put in parent of british child and play along like i have sole responsibility at least i wonthave to look for 2 years cohabiting proof which i do not have

Please , can i need all the advice i can get on this matter , i need to send thgem urgently , any prospect or approval ?
am an overstayer now

I know of a woman who lived in the uk with her husband, who was an overstayer of two years (came on visit visa) and they couldn't produce much proof of him living in the uk - she was living with parents and everything was in her name. And just last week he was granted flr(fp).

Don't give up hope, just explain everything to them and be patient

[Melisly]

Hi all, I have been reading this forum for years and thank everyone for sharing. I married EU national In 2008. Relationship broke down after 3,5 years. Got pregnant while briefly seeing someone who was BC. He went to jail for alleged rape. Only saw my daughter once. I have restraining order in place as him and his family became abusive. Am not yet divorced as eu national is not willing to provide any documents or his address after very bad breakup.
My residence card expires in oct 2014. I just sent application as sole parent and destitute as my house burned in October 2013. Lost every thing and in temporary accommodation with council waiting for permanent. I need your thoughts on possible outcome so I am prepared. I was self employed at the time of the fire and lost all my work. I have struggled for a while and just secured part time job in August. Started this month. I included in my application:
Nonmolestation order against my child's father
Child's passport
Proof of not having adequate accommodation
Job info
Bank statements
Letters from GP and nursery school
My degrees certificates
Etc...
Many thx for your thoughts

[Ems1927]

Hi all

Just wanted to update about court today. Firstly the home office and judge both agreed that our daughter was a British citizen regardless of whether she had a passport or not, so they said that was a mistake which was good.. However the judge wasn't convinced that it'd be impossible for us to move back to America.. She said obviously compared to other countries it's easier to move to and that our daughters health issues were temporary and wouldn't necessarily occur if we were told to move back. She has asked for some additional things regarding how difficult it'd be for me to gain re entry into America and will be on holiday for a while so won't get a response for a good few weeks.
The court room itself was a bit like a classroom. It was relaxed, nobody buy myself, my husband, our solicitor and the judge/home office rep were there.. Both the rep and judge were very nice. If anyone has any questions feel free. Thanks everyone!

[lucky007]

Hi all

Just wanted to update about court today. Firstly the home office and judge both agreed that our daughter was a British citizen regardless of whether she had a passport or not, so they said that was a mistake which was good.. However the judge wasn't convinced that it'd be impossible for us to move back to America.. She said obviously compared to other countries it's easier to move to and that our daughters health issues were temporary and wouldn't necessarily occur if we were told to move back. She has asked for some additional things regarding how difficult it'd be for me to gain re entry into America and will be on holiday for a while so won't get a response for a good few weeks.
The court room itself was a bit like a classroom. It was relaxed, nobody buy myself, my husband, our solicitor and the judge/home office rep were there.. Both the rep and judge were very nice. If anyone has any questions feel free. Thanks everyone!

Good new Ems1927 home office and judge agreed one point that ur daughter is British and thanks God debate finished on this point and other issues will sorted out soon InshaAllah.

[Kombwe]

Hi all

Just wanted to update about court today. Firstly the home office and judge both agreed that our daughter was a British citizen regardless of whether she had a passport or not, so they said that was a mistake which was good.. However the judge wasn't convinced that it'd be impossible for us to move back to America.. She said obviously compared to other countries it's easier to move to and that our daughters health issues were temporary and wouldn't necessarily occur if we were told to move back. She has asked for some additional things regarding how difficult it'd be for me to gain re entry into America and will be on holiday for a while so won't get a response for a good few weeks.
The court room itself was a bit like a classroom. It was relaxed, nobody buy myself, my husband, our solicitor and the judge/home office rep were there.. Both the rep and judge were very nice. If anyone has any questions feel free. Thanks everyone!

Thank you for the update Ems1927 , I told you to listen to what your lawyer told you they know the rules more than common knowledge ,Goodluck and I will keep you informed.

[dapsonlee]

Hi all

Just wanted to update about court today. Firstly the home office and judge both agreed that our daughter was a British citizen regardless of whether she had a passport or not, so they said that was a mistake which was good.. However the judge wasn't convinced that it'd be impossible for us to move back to America.. She said obviously compared to other countries it's easier to move to and that our daughters health issues were temporary and wouldn't necessarily occur if we were told to move back. She has asked for some additional things regarding how difficult it'd be for me to gain re entry into America and will be on holiday for a while so won't get a response for a good few weeks.
The court room itself was a bit like a classroom. It was relaxed, nobody buy myself, my husband, our solicitor and the judge/home office rep were there.. Both the rep and judge were very nice. If anyone has any questions feel free. Thanks everyone!

Good new Ems1927 home office and judge agreed one point that ur daughter is British and thanks God debate finished on this point and other issues will sorted out soon InshaAllah.

Glad the judge was able to correct the error of the home office ways. Common sense prevailed. Congrats on that and I hope they give you your final home run with other outstanding issues. Waiting to share the victorious news with you!