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

[verbina]

Really hoping for a breakthrough early next week. Sighhhhhh

Fingers crossed !..

And toes too

Does anyone know if a caseworker using his discretion can grant an ILR instead of DLR ?

Hun, I dont think they can, sorry

[Dusya]

What a day !

basically we received the documents today which have a two-sided explanation letter which says that I have not lived half of my life in this country and thus haven't lost my ties with my home country. It also says that they considered any special circumstances that I may have and decided that there aren't any. Thus application is refused, but shocking comes after:

You are not entitled to appeal under section 82 of the nationality immigration and asylum act 2002 which does not provide a right to appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here.

You still have leave to remain where your current condition continue to apply. Please ensure you understand the conditions of your stay.

You are not required to leave the United Kingdom as a result of this decision.



What on earth? Is that because they consider that our divorce is not yet finalized as they haven't seen the decree absolute and thus I still have a right to be here ? Please tell me if I am wrong..... P.S as visa was in an old passport they haven't carried forward that residence card to the new passport which was in the same envelope so that might no be the case with the divorce.... probably should ring them next week to ask to explain what did just happen here.

Please read whole story if aren't following:

1 - http://www.immigrationboards.com/viewto ... 287#871287

2 - http://www.immigrationboards.com/viewto ... 315#871315

[verbina]

What a day !

basically we received the documents today which have a two-sided explanation letter which says that I have not lived half of my life in this country and thus haven't lost my ties with my home country. It also says that they considered any special circumstances that I may have and decided that there aren't any. Thus application is refused, but shocking comes after:

You are not entitled to appeal under section 82 of the nationality immigration and asylum act 2002 which does not provide a right to appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here.

You still have leave to remain where your current condition continue to apply. Please ensure you understand the conditions of your stay.

You are not required to leave the United Kingdom as a result of this decision.



What on earth? Is that because they consider that our divorce is not yet finalized as they haven't seen the decree absolute and thus I still have a right to be here ? Please tell me if I am wrong..... P.S as visa was in an old passport they haven't carried forward that residence card to the new passport which was in the same envelope so that might no be the case with the divorce.... probably should ring them next week to ask to explain what did just happen here.

Please read whole story if aren't following:

1 - http://www.immigrationboards.com/viewto ... 287#871287

2 - http://www.immigrationboards.com/viewto ... 315#871315

Whoa!!!! Best bit: 'You are not required to leave the United Kingdom as a result of this decision '
Ask your solicitor to shed some light....

[GodGives]

@godgive

Think you case been touched if they have put it on system and can you share your time line

App sent march 2012

[rec212]

@dusya: would you please tell us more about your story? I am so sorry for the refusal because i know how you feel now.

It seems to me like they copied my refusal letter and paste it with your name on it!

When i asked my solicitor he said that: it is because i still had a valid visa by time a decision has been taken. Therefore, i was not entitled to appeal the decision.

You options in my opinion:

1) reconsideration letter
2) wait for the removal letter and then appeal
3) judicial review
4) make a new application (that's what i did in my case) if you choose this option, please apply before 28 days are over, otherwise they will use overstaying against you.

Good luck and i hope Ramadan will bring with it some good news.

[Dusya]

@dusya:

It seems to me like they copied my refusal letter and paste it with your nam on it!

When i asked my solicitor he said that: it is because i still had a valid visa by time a decision has been taken. Therefore, i am not entitled to appeal the decision.

You options in my opinion:

1) reconsideration letter
2) wait for the removal letter and then appeal
3) judicial review
4) make a new application (that's what i did in my case) if you choose this option, please apply before 28 days are over, otherwise they will use overstaying against you.

Ooomm:

You still have leave to remain where your current condition continue to apply. Please ensure you understand the conditions of your stay.

You are not required to leave the United Kingdom as a result of this decision

How can that say 28 days anywhere? I just don't get it.

[Dusya]

P.S My previous visa in old passport was valid until march 2015. So maybe still is in their system? We are planning to apply as soon as we get married but that might take longer than 28 days, I would rather say 2 months at minimum as it all should be organized. Or do you still think that we only have 28 days ?

[rec212]

When your visa expires, you will have 28 days to make flight arrangements. Thus, you need to act quickly before that period is over. It would be even best if you act now as you still have a valid leave to remain am I right?
I know they did not say anything about the 28 days because they are very deceiving...

[rec212]

Of course it's still on their system!
What visa do you have that expires till 2015 if u dont mind me asking?
If you dtill have a visa then why did you apply?

[Dusya]

Of course it's still on their system!
What visa do you have that expires till 2015 if u dont mind me asking?
If you dtill have a visa then why did you apply?

Residence Card of a family member who is EEA national and I've decided to apply for another visa because my relationship broke with my husband, I got divorced, I started relationship with another man and my passport with that visa was destroyed so I do not phisycally had a visa anymore neither the passport, had to get a new passport and a new visa.

HO saw that the passport is new and does not have any visas inside. Also they have read a supportive letter where I've explained the circumstances. But they never recieved decree of absolute as the divorce have been finalized after documents were sent away.

[rec212]

Well wouldn't you be able to transfer the visa you had before to your current passport?
If not, you need to seek legal advice as I believe yo have a case here.
Good luck!

[yahwadud]

Well wouldn't you be able to transfer the visa you had before to your current passport?
If not, you need to seek legal advice as I believe yo have a case here.
Good luck!

http://www.freemovement.org.uk/2013/07/ ... justified/

[rec212]

Well wouldn't you be able to transfer the visa you had before to your current passport?
If not, you need to seek legal advice as I believe yo have a case here.
Good luck!

http://www.freemovement.org.uk/2013/07/ ... justified/

Wow! I am wondering whether this is going to be agreed uppn or not.
Well 18k is madness. No one can meet that amount!
I am hoping we will all be granted then. What do u think of this??? And what does it mean in the long terms? Are all people married to british people exempted from meeting the 18k requirement?

[yahwadud]

http://www.freemovement.org.uk/2013/07/ ... justified/

[yahwadud]

Well wouldn't you be able to transfer the visa you had before to your current passport?
If not, you need to seek legal advice as I believe yo have a case here.
Good luck!

http://www.freemovement.org.uk/2013/07/ ... justified/

Wow! I am wondering whether this is going to be agreed uppn or not.
Well 18k is madness. No one can meet that amount!
I am hoping we will all be granted then. What do u think of this??? And what does it mean in the long terms? Are all people married to british people exempted from meeting the 18k requirement?

. government can not over Rule judicial judgement .Its a good news for spouses/partners of British citizen and refugees

[majojo]

http://www.ukba.homeoffice.gov.uk/sitec ... -threshold



Guys look at this HO is putting some applications on hold if you do not meet the financial income

[rec212]

@ yahwadude, so what's gonna happen to me since i am married to a british citizen and my application FlR(o) is awaiting a decision?

[GodGives]

@ yahwadude, so what's gonna happen to me since i am married to a british citizen and my application FlR(o) is awaiting a decision?

your partner would have to meet the minimum financial requirement.

[rec212]

@ yahwadude, so what's gonna happen to me since i am married to a british citizen and my application FlR(o) is awaiting a decision?

your partner would have to meet the minimum financial requirement.

Even if I applied under human rights for private life?

[yahwadud]

@ yahwadude, so what's gonna happen to me since i am married to a british citizen and my application FlR(o) is awaiting a decision?

your partner would have to meet the minimum financial requirement.

Even if I applied under human rights for private life?

it only applies to FLR(M) applicants

[rec212]

I am thinking now of withdrawing my FLR(0) application and lodge a spouse visa application instead!
The reason why i did not apply for a spouse visa was the preposterous income, apart from that, i meet all the requirements.

What do you think guys???

[Choc-Ice]

I am thinking now of withdrawing my FLR(0) application and lodge a spouse visa application instead!
The reason why i did not apply for a spouse visa was the preposterous income, apart from that, i meet all the requirements.

What do you think guys???

In my own opinion, I would advise you to just wait and see what Theresa May does. You dont want to be caught up in the middle of this battle which no one knows where it will end. On BBC, Home Office spokesperson said:

'"We are looking closely at the judgement and its likely impact on the minimum income threshold before we decide how to respond.
"In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold."

Meanwhile, she might just decided to appeal the decision and we're back to square one! Imagine when HO puts your application on hold. When will they have time to go back to it?

[He_can]

What a day !

basically we received the documents today which have a two-sided explanation letter which says that I have not lived half of my life in this country and thus haven't lost my ties with my home country. It also says that they considered any special circumstances that I may have and decided that there aren't any. Thus application is refused, but shocking comes after:

You are not entitled to appeal under section 82 of the nationality immigration and asylum act 2002 which does not provide a right to appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here.

You still have leave to remain where your current condition continue to apply. Please ensure you understand the conditions of your stay.

You are not required to leave the United Kingdom as a result of this decision.



What on earth? Is that because they consider that our divorce is not yet finalized as they haven't seen the decree absolute and thus I still have a right to be here ? Please tell me if I am wrong..... P.S as visa was in an old passport they haven't carried forward that residence card to the new passport which was in the same envelope so that might no be the case with the divorce.... probably should ring them next week to ask to explain what did just happen here.

Please read whole story if aren't following:

1 - http://www.immigrationboards.com/viewto ... 287#871287

2 - http://www.immigrationboards.com/viewto ... 315#871315

Like you said. you STILL have a valid visa till 2015. my advise, look for a way to get the old visa on your new passport (get a police report etc. and apply to the HO), use it to apply for your wedding and then apply for a spouse visa afterwards before middle of 2014. within these period, gather all the documents you need for your spouse visa application including the decree absolute.

don't bother wasting your money on reconsideration or JR cos it will still be refused with no right of appeal. Reason? you made your application too early while you still have leave to remain!

READ THIS AND THE LINKS PROVIDED


http://www.immigrationboards.com/viewto ... 244#530244

[majojo]

I am thinking now of withdrawing my FLR(0) application and lodge a spouse visa application instead!
The reason why i did not apply for a spouse visa was the preposterous income, apart from that, i meet all the requirements.

What do you think guys???

U could have applied flro 10 year partner visa that was available for those who could note et the 5 year rule and that's what I apploed

[Azhaar]

Of course it's still on their system!
What visa do you have that expires till 2015 if u dont mind me asking?
If you dtill have a visa then why did you apply?

Residence Card of a family member who is EEA national and I've decided to apply for another visa because my relationship broke with my husband, I got divorced, I started relationship with another man and my passport with that visa was destroyed so I do not phisycally had a visa anymore neither the passport, had to get a new passport and a new visa.

HO saw that the passport is new and does not have any visas inside. Also they have read a supportive letter where I've explained the circumstances. But they never recieved decree of absolute as the divorce have been finalized after documents were sent away.

how long have you been married to the eu national.

if it was for 3 years or more, then you can retain your right of residence but you have to continue working. so basically you will have to excercise treaty rights as if you are the eu national.

but if it was less than three years, you may not be able to retain your right unless there were some special circumstances that caused the divorce such as domestic violence.

anyway if you did not get decree absolute yet then you still havent lost your rights even you are you separated from you husband.

the minute you let them (HO) know about your decree absolute, and if you do not meet the conditions above then you will automatically lose your right of residence.
...........