ESC
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It meansAliG123 wrote:@Godgives: Many Thanks godgives. I was just wondering what is this ECHR Letter means and I haven't received anything yet?
AliG123 wrote:Hi Guys
I'm a new member of this and need some help and advise from you guys as I have been reading this thread from quite sometime and wish if you guys can help me regarding my query.
I have been in the UK from feb 2007, came as a student and changed to Tier 1 General and when I applied for the 3 year extension my visa has been refused on the basis of interview and they said applicant is not credible.
I have appealed to First tier tribunal they refused and appealed to Upper Tribunal but they sent a letter saying they won't change the decision.
I have applied for FLP FP on the basis for family and private life and I had a girlfriend and we got married religiously not the registered marriage.
As I have applied after 28 days run out because of some issues at the time.
I currently don't have right to work and I don't know what to do till then as everyone here is saying it takes months and years to get reply from home office. I don't know what to do in this case. My wife wrote a letter to local mp but no luck and also to HomeOffice and they said they can't give me temporary right to work until application is decided.
Any help would be much appreciated.
Date application sent: 25/04/2015
Date Acknowledgement received: 29/04/2015
Date biometrics letter received : 19/05/2015
Date Biometrics done: 21/05/2015
Rest don't know what will happen next?
People are talking about ECHR Letter here in this thread but I haven't received anything like that and I also don't know what to do next.
Can anyone or senior members of this thread could help me that'll be much appreciated.
Many Thanks
So solicitor has just verified, it can take 6 months! Whatever happened to a straight forward renewal?aysie wrote:Hi all
Just a update
We received the letter inviting my partner to submit his biometrics, in the same letter it also states that because he was granted under the human rights article 8 in 2012, his application is a complex one and is exempt from the regular time frames!!!!!
We also received a letter today from a company called Capita (working on behalf of the HO) asking for us to confirm my partners status!
Surely if they work on behalf of the HO they should know his status? it says "we have been informed by the HO that his stay may have expired"
@tuga..Thanks for affirming what i think is the only way out for me. I am sure paying via a cheque and 15 days that i will get for biometrics will buy me enough time to cover 17 days shortfall. Just one question though..when you vary your application, what is you status then? will i be covered under 3c even if i have varied my initial application and given the right of appeal in case of refusal?Tuga wrote:@saady...The best thing to do is what you have rightly written in your last paragraph. If you have only 17 days away to qualify for SET (LR) then as u suggested you will need to put in an application within the 28 days lapse period.
There are different applications you can make but with what you've described the most plausible one is the flr (fp). It's very likely you won't be successful but the aim isn't to. From my understanding you can then make new applicationon the SET (LR) when you manage to buy that time.
I will share a friend's similar story and hopefully it will encourage you to be hopeful.
He was left with 2 months to qualify for the ILR application. He was advised to put in tier 1 application (entrepreneur route). After couple of weeks he got a letter to attend for interview regarding his application ( It's quite usual I heard, with the tier 1 ). He knew there on that it will be too early to get a decision, so didn't attend the interview but had medical note from Dr for sickness ( pls don't ask me how he managed this).
Basically, the case was dragged past the 2months period he needed. Eventually, he put in a new application and withdrew the tier 1. As we speak, he's indefinite leave to remain.
I will think it's so cruel to deport anyone who's so close to be settled, therefore I'm all for any means possible to drag your case for the period of qualification. It's a loophole in the system which allows that. A very thankful loophole I must say.
So saady, the suggestions you enlisted in your post is perfectly plausible and you will be deemed legal if you make the application within the 28days. I hope this helps, good luck.
@JJ4EVER, I think this might apply to you as well...I know your case is quite different but if you are so close to the qualifying period then may be the best way forward is to drag.
Hopefully, someone in the forum will add to our knowledge on this issue. I hope I'm right.
Hi its best you apply straight away on form set(lr)saady wrote:@tuga..Thanks for affirming what i think is the only way out for me. I am sure paying via a cheque and 15 days that i will get for biometrics will buy me enough time to cover 17 days shortfall. Just one question though..when you vary your application, what is you status then? will i be covered under 3c even if i have varied my initial application and given the right of appeal in case of refusal?Tuga wrote:@saady...The best thing to do is what you have rightly written in your last paragraph. If you have only 17 days away to qualify for SET (LR) then as u suggested you will need to put in an application within the 28 days lapse period.
There are different applications you can make but with what you've described the most plausible one is the flr (fp). It's very likely you won't be successful but the aim isn't to. From my understanding you can then make new applicationon the SET (LR) when you manage to buy that time.
I will share a friend's similar story and hopefully it will encourage you to be hopeful.
He was left with 2 months to qualify for the ILR application. He was advised to put in tier 1 application (entrepreneur route). After couple of weeks he got a letter to attend for interview regarding his application ( It's quite usual I heard, with the tier 1 ). He knew there on that it will be too early to get a decision, so didn't attend the interview but had medical note from Dr for sickness ( pls don't ask me how he managed this).
Basically, the case was dragged past the 2months period he needed. Eventually, he put in a new application and withdrew the tier 1. As we speak, he's indefinite leave to remain.
I will think it's so cruel to deport anyone who's so close to be settled, therefore I'm all for any means possible to drag your case for the period of qualification. It's a loophole in the system which allows that. A very thankful loophole I must say.
So saady, the suggestions you enlisted in your post is perfectly plausible and you will be deemed legal if you make the application within the 28days. I hope this helps, good luck.
@JJ4EVER, I think this might apply to you as well...I know your case is quite different but if you are so close to the qualifying period then may be the best way forward is to drag.
Hopefully, someone in the forum will add to our knowledge on this issue. I hope I'm right.
@ Godgiven...would'nt it be a alot more risk? Also, will CW count the time from date of entry to the date applied for application OR date of decision for ILR? sorry for the lack of knowledge but do i have to go for biometrics for set(ILR) too? If yes then it makes sense to apply for set(LR) in the first place.GodGives wrote:Hi its best you apply straight away on form set(lr)saady wrote:@tuga..Thanks for affirming what i think is the only way out for me. I am sure paying via a cheque and 15 days that i will get for biometrics will buy me enough time to cover 17 days shortfall. Just one question though..when you vary your application, what is you status then? will i be covered under 3c even if i have varied my initial application and given the right of appeal in case of refusal?Tuga wrote:@saady...The best thing to do is what you have rightly written in your last paragraph. If you have only 17 days away to qualify for SET (LR) then as u suggested you will need to put in an application within the 28 days lapse period.
There are different applications you can make but with what you've described the most plausible one is the flr (fp). It's very likely you won't be successful but the aim isn't to. From my understanding you can then make new applicationon the SET (LR) when you manage to buy that time.
I will share a friend's similar story and hopefully it will encourage you to be hopeful.
He was left with 2 months to qualify for the ILR application. He was advised to put in tier 1 application (entrepreneur route). After couple of weeks he got a letter to attend for interview regarding his application ( It's quite usual I heard, with the tier 1 ). He knew there on that it will be too early to get a decision, so didn't attend the interview but had medical note from Dr for sickness ( pls don't ask me how he managed this).
Basically, the case was dragged past the 2months period he needed. Eventually, he put in a new application and withdrew the tier 1. As we speak, he's indefinite leave to remain.
I will think it's so cruel to deport anyone who's so close to be settled, therefore I'm all for any means possible to drag your case for the period of qualification. It's a loophole in the system which allows that. A very thankful loophole I must say.
So saady, the suggestions you enlisted in your post is perfectly plausible and you will be deemed legal if you make the application within the 28days. I hope this helps, good luck.
@JJ4EVER, I think this might apply to you as well...I know your case is quite different but if you are so close to the qualifying period then may be the best way forward is to drag.
Hopefully, someone in the forum will add to our knowledge on this issue. I hope I'm right.
..decision takes longer than 17days you will be fine. All the best
@saady..the purpose of 3C is to prevent an individual from becoming an overstayer whilst either exercising the right of appeal or waiting a decision. Since your application is an in-time one, 3C applies to you. From what I know varying of application will not treated as a breach and therefore your status still remains legal. My friends case is a typical example; he was on tier4 and varied to tier1 and eventually ILR. Hope this helps.saady wrote:@tuga..Thanks for affirming what i think is the only way out for me. I am sure paying via a cheque and 15 days that i will get for biometrics will buy me enough time to cover 17 days shortfall. Just one question though..when you vary your application, what is you status then? will i be covered under 3c even if i have varied my initial application and given the right of appeal in case of refusal?Tuga wrote:@saady...The best thing to do is what you have rightly written in your last paragraph. If you have only 17 days away to qualify for SET (LR) then as u suggested you will need to put in an application within the 28 days lapse period.
There are different applications you can make but with what you've described the most plausible one is the flr (fp). It's very likely you won't be successful but the aim isn't to. From my understanding you can then make new applicationon the SET (LR) when you manage to buy that time.
I will share a friend's similar story and hopefully it will encourage you to be hopeful.
He was left with 2 months to qualify for the ILR application. He was advised to put in tier 1 application (entrepreneur route). After couple of weeks he got a letter to attend for interview regarding his application ( It's quite usual I heard, with the tier 1 ). He knew there on that it will be too early to get a decision, so didn't attend the interview but had medical note from Dr for sickness ( pls don't ask me how he managed this).
Basically, the case was dragged past the 2months period he needed. Eventually, he put in a new application and withdrew the tier 1. As we speak, he's indefinite leave to remain.
I will think it's so cruel to deport anyone who's so close to be settled, therefore I'm all for any means possible to drag your case for the period of qualification. It's a loophole in the system which allows that. A very thankful loophole I must say.
So saady, the suggestions you enlisted in your post is perfectly plausible and you will be deemed legal if you make the application within the 28days. I hope this helps, good luck.
@JJ4EVER, I think this might apply to you as well...I know your case is quite different but if you are so close to the qualifying period then may be the best way forward is to drag.
Hopefully, someone in the forum will add to our knowledge on this issue. I hope I'm right.
@JJ4EVER ... It will be really difficult to know what insurmountable obstacles you can state. It's a very vague term where I think interpretation becomes an issue, even the courts find it difficult to deal with. I think it's a case to case issue and it could be anything from ties to the UK, children, health, etc. For it to be successful you will need convincing evidence.JJ4EVR wrote:@ Tuga, thank you very much for your message & may God bless you abundantly . I'm finding it hard to mention what the insurmountable obstacles as they are not respecting my family life & my fiancés private + family life. Even the flr fp form asks that type of question. What shall I say to convince them this time?
Anybody help please I need to send this fresh application ASAP!!
This link may help go to EARLY APPLICATION you will be fine http://www.gov.uk/government/uploads/sy ... ce_v13.pdfGodGives wrote:Hi its best you apply straight away on form set(lr)saady wrote:@tuga..Thanks for affirming what i think is the only way out for me. I am sure paying via a cheque and 15 days that i will get for biometrics will buy me enough time to cover 17 days shortfall. Just one question though..when you vary your application, what is you status then? will i be covered under 3c even if i have varied my initial application and given the right of appeal in case of refusal?Tuga wrote:@saady...The best thing to do is what you have rightly written in your last paragraph. If you have only 17 days away to qualify for SET (LR) then as u suggested you will need to put in an application within the 28 days lapse period.
There are different applications you can make but with what you've described the most plausible one is the flr (fp). It's very likely you won't be successful but the aim isn't to. From my understanding you can then make new applicationon the SET (LR) when you manage to buy that time.
I will share a friend's similar story and hopefully it will encourage you to be hopeful.
He was left with 2 months to qualify for the ILR application. He was advised to put in tier 1 application (entrepreneur route). After couple of weeks he got a letter to attend for interview regarding his application ( It's quite usual I heard, with the tier 1 ). He knew there on that it will be too early to get a decision, so didn't attend the interview but had medical note from Dr for sickness ( pls don't ask me how he managed this).
Basically, the case was dragged past the 2months period he needed. Eventually, he put in a new application and withdrew the tier 1. As we speak, he's indefinite leave to remain.
I will think it's so cruel to deport anyone who's so close to be settled, therefore I'm all for any means possible to drag your case for the period of qualification. It's a loophole in the system which allows that. A very thankful loophole I must say.
So saady, the suggestions you enlisted in your post is perfectly plausible and you will be deemed legal if you make the application within the 28days. I hope this helps, good luck.
@JJ4EVER, I think this might apply to you as well...I know your case is quite different but if you are so close to the qualifying period then may be the best way forward is to drag.
Hopefully, someone in the forum will add to our knowledge on this issue. I hope I'm right.
..decision takes longer than 17days you will be fine. All the best
This link may help go to EARLY APPLICATION YOU WILL BE FINEsaady wrote:Hi guys,
Thankyou very much for your time. I will try to make it short and precise.
Date of entry clearance: 15/05/2005
date of entry in UK: 17/09/2005
Date when ILR is due: 17/09/2015 (able to apply 20/08/2015 as i can send my application 28 days prior to when my ILR is due)
Current visa status: was given tier 4 visa in september 2015 till january 2016 but because government wants to shut down every educational institute it touches. I have been given curtailment letter and my visa is restricted to 3rd august 2015 making me short of 17 days in order to apply for ILR.
Question: It also states on the letter that after 28 days from 3rd of august 2015, i will be considered over stayer > Am i right in thinking that i can utilize these 28 days to make up for the 17 days I require. Will it be a safe option?
1.Do i have any other options? I am cohabiting with EU partner, can it help me in any way, although i would rather avoid this route as much as possible.
I have been given the following answer. will appreciate if other members comment on the following:
Answer for Q1: From what I understand you can apply for FLR (FP) when your visa expires, by the time HO send you confirmation letter and Biometric letter, 17 days will pass. After 17 days you can apply for SET (LR) with a cover letter requesting to defer your FLR(FP) to SEL (LR).
.flozo64 wrote:Alhamdulilah. 2 years and 2 months after originally applying my husband finally has a visa. The solicitor called today and our documents are on the way. Best of luck to you all.
