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

[summer2013]

good evening all,

congratulations to all of those who have been granted!! those who are still fighting please do not give up jet. Our day will come!!!!

I have a question, having biometric request while waiting for reconsideration what does it mean? those who have been refused reconsideration have they done biometrics again?
I'm confused, we have been invited to do it again but what can i expect??!!

Hi summer2013,

A second invitation for biometrics can only be a sign gearing towards a positive outcome. I believe perhaps your case has been decided and biometrics is just the final piece to the puzzle. Don't panic as I believe next week could be your week.

dapsonlee hello,
thankyou for your encouraging reply. as days pass by i get more anxious. we have done biometrics but my son's name error is holding as back. i had to call and correct the mistake now waiting for his new biometrics letter to arrive. I think at this stage waiting is more difficult. im confusing my self as i cannot be calm

All the best to you!!

[dapsonlee]

good evening all,

congratulations to all of those who have been granted!! those who are still fighting please do not give up jet. Our day will come!!!!

I have a question, having biometric request while waiting for reconsideration what does it mean? those who have been refused reconsideration have they done biometrics again?
I'm confused, we have been invited to do it again but what can i expect??!!

Hi summer2013,

A second invitation for biometrics can only be a sign gearing towards a positive outcome. I believe perhaps your case has been decided and biometrics is just the final piece to the puzzle. Don't panic as I believe next week could be your week.

dapsonlee hello,
thankyou for your encouraging reply. as days pass by i get more anxious. we have done biometrics but my son's name error is holding as back. i had to call and correct the mistake now waiting for his new biometrics letter to arrive. I think at this stage waiting is more difficult. im confusing my self as i cannot be calm

All the best to you!!

Oh I see, that's perhaps why the delay is in the pipeline. Not to worry you will be fine once that has been rectified. Remember Verbina was granted a week or so after her biometrics. It's ok to be anxious it's only a sign of something good about to happen. I am waiting anxiously lol to share the good news with you.

[naba]

Hello @ all,
Rina I'm very happy to hear that your aid got approved. Well done you

@Keisha, @Believe, @Nilemarques, @Dapsonlee, @Al Haqq, @Verbina, @ Shondra Sharma, @Thisyear, @kukuwife, @Summer2013, and all those whose name I didn't mention, I hope that all is well with thee

Congratulation to those who got granted their stay and also a very big congratulation to MissA and TurboA wishing you guys a very happy and stress- free life. You both earned it

To those that got refused keep praying and believe that someday you will be granted. Don't take your refusals laying down, get up and fight, for your future is at stake.

And last but not the least to those of us waiting for a decision on our JR, PAP, Appeals or Applications know that victory for all of us is very close and our day of peace from HO is coming very soon.

I wanted to update that my hearing which is scheduled for next week has been postponed as the HO wanted some more time to look at my case so I have to wait for a new hearing date from the court and I will let you all know when I get it.

Stay Blessed.

Just have a relax time, god bless!

[naba]

Dear friends, hope that you are keeping well. It's been ages I was away. Congratulations who have been granted and all the best who are waiting as me.
Can anybody share court hearing experience please, I mean the environment. Do 12-13 year old children need to attend the hearing for the children's case?
Thank you. Go bless you all.

[elastep]

Dear friends, hope that you are keeping well. It's been ages I was away. Congratulations who have been granted and all the best who are waiting as me.
Can anybody share court hearing experience please, I mean the environment. Do 12-13 year old children need to attend the hearing for the children's case?
Thank you. Go bless you all.

Hello @all, I hope all is well. I pray that God gives us all our freedom from the HO.

@ congratulations!! to all those who have been granted and to those who are waiting for decisions, know that our day is around the corner. Very soon our worry will turn into tears of joy and laughter.

@naba,its upto you to decide but I will take the kids with me to the hearing if i was you. Its good for the Judge to put a face to the name and case in front of him. At my hearing the Judge looked at me a couple of times when he was speaking. people tend to react to things differently when they are looking at it rather than speaking about it without seeing it. When taking the kids with you explain to them what is going to happen and ask them to be quiet and make sure that you guys are siting where the Judge can see you. For me I sat right in front of him and thanks for the kind word and I will try to relax.
Good Luck.

[thamsinkumar]

Friend Rockerfeller

One question

Student I have been on for 7 Years and nearly 4 months and then I got 2 years PSW Visa

Does this mean that even the student I apply will I be eligible to get Tier 4 ? or the 8 years capping will kill me as already on student for last 7 Years and 3 months ?

Student only ACCA or CIMA, as no time for PHD,

and even if I put student and I get refused because of 8 years capping, do you think that appeal will allow me to extend for till remaining 7 to 8 months ? or Homeoffice will finalise appeal very quickly and not allow me to finish my 10 years ?


and If I apply private life how much time do you think will take to finalise and if we put appeal how much time will it take to come on board?

Please guide me brother

[Rockefeller]

Hi Thamsinkumar
I'm not very conversant with rules around maximum time allowed to study in UK so I can't answer your questions on that front.
However, to answer your other question, if you make an in-time application (i.e. application submitted while your leave to remain is still valid). You will be allow to appeal if your application is refused under section 82 (2)(d) immigration act 2002. Now based on cases seen so far I don't think both your application and appeal will be completed within 8months. My view is that the remaining months can be accrued if you make your application while your leave is valid.
As advised earlier try and get advice from a solicitor and ensure your application is submitted before your leave lapse. Also ensure your application is not rejected for reasons such as fees, photograph etc.
Good luck.

Friend Rockerfeller

One question

Student I have been on for 7 Years and nearly 4 months and then I got 2 years PSW Visa

Does this mean that even the student I apply will I be eligible to get Tier 4 ? or the 8 years capping will kill me as already on student for last 7 Years and 3 months ?

Student only ACCA or CIMA, as no time for PHD,

and even if I put student and I get refused because of 8 years capping, do you think that appeal will allow me to extend for till remaining 7 to 8 months ? or Homeoffice will finalise appeal very quickly and not allow me to finish my 10 years ?


and If I apply private life how much time do you think will take to finalise and if we put appeal how much time will it take to come on board?

Please guide me brother

[thamsinkumar]

Thanks friend.

Do you think that Human rights Application on Private Life and Article 8 too will not be able to cover 8 months ? I mean Application and appeal ?

Please guide and I am getting mixed reviews

Hi Thamsinkumar
I'm not very conversant with rules around maximum time allowed to study in UK so I can't answer your questions on that front.
However, to answer your other question, if you make an in-time application (i.e. application submitted while your leave to remain is still valid). You will be allow to appeal if your application is refused under section 82 (2)(d) immigration act 2002. Now based on cases seen so far I don't think both your application and appeal will be completed within 8months. My view is that the remaining months can be accrued if you make your application while your leave is valid.
As advised earlier try and get advice from a solicitor and ensure your application is submitted before your leave lapse. Also ensure your application is not rejected for reasons such as fees, photograph etc.
Good luck.

Friend Rockerfeller

One question

Student I have been on for 7 Years and nearly 4 months and then I got 2 years PSW Visa

Does this mean that even the student I apply will I be eligible to get Tier 4 ? or the 8 years capping will kill me as already on student for last 7 Years and 3 months ?

Student only ACCA or CIMA, as no time for PHD,

and even if I put student and I get refused because of 8 years capping, do you think that appeal will allow me to extend for till remaining 7 to 8 months ? or Homeoffice will finalise appeal very quickly and not allow me to finish my 10 years ?


and If I apply private life how much time do you think will take to finalise and if we put appeal how much time will it take to come on board?

Please guide me brother

[Rockefeller]

Hi Thamsinkumar

I think I answered that question last week or so. Any valid application made to HO whether student, Private life or others will count towards extending your leave to remain under section 3c or 3d of immigration act 1971 (i.e. your last granted leave to remain is extended while application is being considered by HO or waiting for appeal to be heard).
If you're confused due to mixed suggestions from bloggers in this forum then seek legal advice. Don't forget all of us here can only advise based on our limited knowledge and experience which may or not be accurate. My advice is don't gamble your chances seek a legal advice as soon as possible.

All the best.

Thanks friend.

Do you think that Human rights Application on Private Life and Article 8 too will not be able to cover 8 months ? I mean Application and appeal ?

Please guide and I am getting mixed reviews

Hi Thamsinkumar
I'm not very conversant with rules around maximum time allowed to study in UK so I can't answer your questions on that front.
However, to answer your other question, if you make an in-time application (i.e. application submitted while your leave to remain is still valid). You will be allow to appeal if your application is refused under section 82 (2)(d) immigration act 2002. Now based on cases seen so far I don't think both your application and appeal will be completed within 8months. My view is that the remaining months can be accrued if you make your application while your leave is valid.
As advised earlier try and get advice from a solicitor and ensure your application is submitted before your leave lapse. Also ensure your application is not rejected for reasons such as fees, photograph etc.
Good luck.

Friend Rockerfeller

One question

Student I have been on for 7 Years and nearly 4 months and then I got 2 years PSW Visa

Does this mean that even the student I apply will I be eligible to get Tier 4 ? or the 8 years capping will kill me as already on student for last 7 Years and 3 months ?

Student only ACCA or CIMA, as no time for PHD,

and even if I put student and I get refused because of 8 years capping, do you think that appeal will allow me to extend for till remaining 7 to 8 months ? or Homeoffice will finalise appeal very quickly and not allow me to finish my 10 years ?


and If I apply private life how much time do you think will take to finalise and if we put appeal how much time will it take to come on board?

Please guide me brother

[hatchsead]

There is a interesting case which i thought i should bring to your attention. If this case is successful, it could lay a precedence and be a big door opener for other things to come.

This is for people who have been granted only 30 months leave to remain even though they have children who are British. That is being challenged in court for a ILR instead of 30 months LTR.

30 months leave to remain arguably breach of S.55 BCIA 2009. Permission to apply for judicial review granted

http://www.theimmigrationbarrister.co.u ... w-granted/

[Al Haqq]

There is a interesting case which i thought i should bring to your attention. If this case is successful, it could lay a precedence and be a big door opener for other things to come.

This is for people who have been granted only 30 months leave to remain even though they have children who are British. That is being challenged in court for a ILR instead of 30 months LTR.

30 months leave to remain arguably breach of S.55 BCIA 2009. Permission to apply for judicial review granted

http://www.theimmigrationbarrister.co.u ... w-granted/

@hatchsead thanks for this. It is only reasonable the HO should be giving ILR to parrents of BC. Well I can not remember the last time HO was reasonable.

[naba]

Dear friends, hope that you are keeping well. It's been ages I was away. Congratulations who have been granted and all the best who are waiting as me.
Can anybody share court hearing experience please, I mean the environment. Do 12-13 year old children need to attend the hearing for the children's case?
Thank you. Go bless you all.

Hello @all, I hope all is well. I pray that God gives us all our freedom from the HO.

@ congratulations!! to all those who have been granted and to those who are waiting for decisions, know that our day is around the corner. Very soon our worry will turn into tears of joy and laughter.

@naba,its upto you to decide but I will take the kids with me to the hearing if i was you. Its good for the Judge to put a face to the name and case in front of him. At my hearing the Judge looked at me a couple of times when he was speaking. people tend to react to things differently when they are looking at it rather than speaking about it without seeing it. When taking the kids with you explain to them what is going to happen and ask them to be quiet and make sure that you guys are siting where the Judge can see you. For me I sat right in front of him and thanks for the kind word and I will try to relax.
Good Luck.

Thank you hun. This is helpful. God bless.

[fm9]

Dear friends, hope that you are keeping well. It's been ages I was away. Congratulations who have been granted and all the best who are waiting as me.
Can anybody share court hearing experience please, I mean the environment. Do 12-13 year old children need to attend the hearing for the children's case?
Thank you. Go bless you all.

Hello @all, I hope all is well. I pray that God gives us all our freedom from the HO.

@ congratulations!! to all those who have been granted and to those who are waiting for decisions, know that our day is around the corner. Very soon our worry will turn into tears of joy and laughter.

@naba,its upto you to decide but I will take the kids with me to the hearing if i was you. Its good for the Judge to put a face to the name and case in front of him. At my hearing the Judge looked at me a couple of times when he was speaking. people tend to react to things differently when they are looking at it rather than speaking about it without seeing it. When taking the kids with you explain to them what is going to happen and ask them to be quiet and make sure that you guys are siting where the Judge can see you. For me I sat right in front of him and thanks for the kind word and I will try to relax.
Good Luck.

Thank you hun. This is helpful. God bless.

hello there, i have been a fellower of this topic for some time now, i first applied for zambrano and it was refused, the homeoffice advice me to go for the flr(m) or the flr(o), and i did as they said, i had a call from my solicitor this evening that i have been granted 2.12 as a parent of BC. I have two children both BC AND MY HUSBAND ALSO BC, SEEK GOD AND HIS KINGDOM FIRST AND ALL THESE SHALL BE ADDED UNTO YOU. this is my time line.
application sent 18/01/14
ho received 21/01/14
biomatic letter received 23/01/14
add document requested 7/02/14
document sent on 14/02/14
granted 17/03/14

[Kukuwife]

hello there, i have been a fellower of this topic for some time now, i first applied for zambrano and it was refused, the homeoffice advice me to go for the flr(m) or the flr(o), and i did as they said, i had a call from my solicitor this evening that i have been granted 2.12 as a parent of BC. I have two children both BC AND MY HUSBAND ALSO BC, SEEK GOD AND HIS KINGDOM FIRST AND ALL THESE SHALL BE ADDED UNTO YOU. this is my time line.
application sent 18/01/14
ho received 21/01/14
biomatic letter received 23/01/14
add document requested 7/02/14
document sent on 14/02/14
granted 17/03/14[/quote][/quote]


Big congratulations to you and your family. Remain bless

[elastep]

hello there, i have been a fellower of this topic for some time now, i first applied for zambrano and it was refused, the homeoffice advice me to go for the flr(m) or the flr(o), and i did as they said, i had a call from my solicitor this evening that i have been granted 2.12 as a parent of BC. I have two children both BC AND MY HUSBAND ALSO BC, SEEK GOD AND HIS KINGDOM FIRST AND ALL THESE SHALL BE ADDED UNTO YOU. this is my time line.
application sent 18/01/14
ho received 21/01/14
biomatic letter received 23/01/14
add document requested 7/02/14
document sent on 14/02/14
granted 17/03/14

[/quote]


Big congratulations to you and your family. Remain bless[/quote]

@fmg, A very big congratulations to you and your family. At least this route leads to settlement unlike Zambrano. Have a happy HO stress-free life

[nontsomi]

Hi Everyone

first i would like to say to those who have been freed congraculations and to enjoy your freedom.

i just need a bit of advice i am trying to figure out which sections to fill in as its a bit confusing for me and plus i cant afford to make any mistakes on it, i am applying as a parent of a BC flr(fp) new application : do i also fill in section 9 ? which is about human rights! and any advice filling this form is welcome please as this is all new to me oh and are the sections not applying to me to be posted back with the form or is there something i need to write on the sections eg n/a ? i know these questions may sound a bit thick to someone else lol but i dont wanna make a mistake that will cost me. thanx in advance.

[geemo]

hello there, i have been a fellower of this topic for some time now, i first applied for zambrano and it was refused, the homeoffice advice me to go for the flr(m) or the flr(o), and i did as they said, i had a call from my solicitor this evening that i have been granted 2.12 as a parent of BC. I have two children both BC AND MY HUSBAND ALSO BC, SEEK GOD AND HIS KINGDOM FIRST AND ALL THESE SHALL BE ADDED UNTO YOU. this is my time line.
application sent 18/01/14
ho received 21/01/14
biomatic letter received 23/01/14
add document requested 7/02/14
document sent on 14/02/14
granted 17/03/14

I like your testimony - Congrats (IRIFMOIJN)

[Rockefeller]

Hi
The FLR FP form is an application form for leave to remain in the UK on the basis of article 8 of Human Rights. There are 2 elements to article 8 namely family life and private life. In your case applying as a parent of a BC child falls under family life while private life relates to ties or roots you have established in the UK e.g friends, career, work in the community, how long you have been here etc.
Now, my advise is that you detailed both your family life and private life(i.e.section 9) as they will both strengthened your case. If you don't detailed it now and your case goes to appeal (hopefully not) the HO will use it against you and besides the decision maker may not have a clear picture of your life if you omit it. The more you can demonstrate that you have stronger ties in the UK than your home country the better for you.

All the best.

Hi Everyone

first i would like to say to those who have been freed congraculations and to enjoy your freedom.

i just need a bit of advice i am trying to figure out which sections to fill in as its a bit confusing for me and plus i cant afford to make any mistakes on it, i am applying as a parent of a BC flr(fp) new application : do i also fill in section 9 ? which is about human rights! and any advice filling this form is welcome please as this is all new to me oh and are the sections not applying to me to be posted back with the form or is there something i need to write on the sections eg n/a ? i know these questions may sound a bit thick to someone else lol but i dont wanna make a mistake that will cost me. thanx in advance.

[nontsomi]

Rockefeller thank you so much for your reply that helps a lot and makes sense, very much appreciated thanks again. I think H.O is trying to confuse us a bit with this form thanks again.

God bless

[bsmith13]

I came to the United Kingdom at the age of thirteen 11 years ago and since I have been in this country, my brother who is a British national has been the one looking after my welfare and also the one providing me with an accommodation as we both live together with his wife and children (all british) as I don't have a father.
However, since I have been here, I have been able to attend high school, sixth form, college and I obtained my university degree.
Since I have been in the United Kingdom, I have never taken any form of benefits neither have I pertained in any form of crime.
Having lived here for 11 years I have been able to develop family ties in this country as all my close relatives including my mum, brother, my sister, my in laws, nieces, nephews, cousins, aunties and uncles are all settled here.
Although my mum is not settled here at the moment, though she used to have an indefinite stay which she lost and she was a victim of identity fraud and recently the judge granted her permission for judicial review which she is waiting for a court hearing date. In addition to the family ties that I have with this country, I also have social and cultural ties here in the UK as all my friends are all here as I have spent most of my teen years here and my early adult life which I cannot imagine life without them as they have all been there to support me morally, spiritually, physically, mentally, academically etc
In January, I applied for a leave to remain in the UK with many support letters from my family members but the application got refused as the home office are claiming I still have relatives back home which is not true. They also claim that all the relatives I claim to have in UK including my brother, sister, inlaws, uncles, aunties, nieces, nephews, cousins etc are not classified as having a family life in the UK. I'm not married, I'm just a young adult of 24 and those are the people have known as my family. I wasn't given a right of appeal as well. Please can anyone help me out here on what I need to do. Thanks

[dapsonlee]

I came to the United Kingdom at the age of thirteen 11 years ago and since I have been in this country, my brother who is a British national has been the one looking after my welfare and also the one providing me with an accommodation as we both live together with his wife and children (all british) as I don't have a father.
However, since I have been here, I have been able to attend high school, sixth form, college and I obtained my university degree.
Since I have been in the United Kingdom, I have never taken any form of benefits neither have I pertained in any form of crime.
Having lived here for 11 years I have been able to develop family ties in this country as all my close relatives including my mum, brother, my sister, my in laws, nieces, nephews, cousins, aunties and uncles are all settled here.
Although my mum is not settled here at the moment, though she used to have an indefinite stay which she lost and she was a victim of identity fraud and recently the judge granted her permission for judicial review which she is waiting for a court hearing date. In addition to the family ties that I have with this country, I also have social and cultural ties here in the UK as all my friends are all here as I have spent most of my teen years here and my early adult life which I cannot imagine life without them as they have all been there to support me morally, spiritually, physically, mentally, academically etc
In January, I applied for a leave to remain in the UK with many support letters from my family members but the application got refused as the home office are claiming I still have relatives back home which is not true. They also claim that all the relatives I claim to have in UK including my brother, sister, inlaws, uncles, aunties, nieces, nephews, cousins etc are not classified as having a family life in the UK. I'm not married, I'm just a young adult of 24 and those are the people have known as my family. I wasn't given a right of appeal as well. Please can anyone help me out here on what I need to do. Thanks

Welcome Bsmith13,

Wow!!! This is really interesting. I can tell you you categorically a lot of people that applied via this route even with residency longer than yours were refused last year and still waiting for their day in court. My case as well under the same route which I applied since December 2012 based on exactly yours with family all here, I am still waiting on a decision till date.

Since you came in as a minor and still under 25, I will suggest you file a PAP immediately with the hope of finally going for JR (Judicial Review) to at least get the enforcement team off your back. You need your day in court for this. I really have a feeling this case was not looked into properly. What has your solicitor suggested to you?

[bsmith13]

@Dapsonlee

Thanks for replying me, I can imagine how you feel putting an application in since 2012 without any response.

My application only took exactly a month. Yeah everyone have been speaking to regarding this issue all told me the decision was defective and biased.
A barrister suggested to me to do a reconsideration or try and obtain a right of appeal which is difficult to do.
Another suggested I go for JR and initially my solicitor suggested a JR too because there's no one I can go back to as all my peeps are here. But most of this solicitors are all unreliable all they do is to take our money that's why I've suggested to seek for an advice on this forum.

[ikeron]

@bsmith13
I personally think you should go for the JR .

[elastep]

I came to the United Kingdom at the age of thirteen 11 years ago and since I have been in this country, my brother who is a British national has been the one looking after my welfare and also the one providing me with an accommodation as we both live together with his wife and children (all british) as I don't have a father.
However, since I have been here, I have been able to attend high school, sixth form, college and I obtained my university degree.
Since I have been in the United Kingdom, I have never taken any form of benefits neither have I pertained in any form of crime.
Having lived here for 11 years I have been able to develop family ties in this country as all my close relatives including my mum, brother, my sister, my in laws, nieces, nephews, cousins, aunties and uncles are all settled here.
Although my mum is not settled here at the moment, though she used to have an indefinite stay which she lost and she was a victim of identity fraud and recently the judge granted her permission for judicial review which she is waiting for a court hearing date. In addition to the family ties that I have with this country, I also have social and cultural ties here in the UK as all my friends are all here as I have spent most of my teen years here and my early adult life which I cannot imagine life without them as they have all been there to support me morally, spiritually, physically, mentally, academically etc
In January, I applied for a leave to remain in the UK with many support letters from my family members but the application got refused as the home office are claiming I still have relatives back home which is not true. They also claim that all the relatives I claim to have in UK including my brother, sister, inlaws, uncles, aunties, nieces, nephews, cousins etc are not classified as having a family life in the UK. I'm not married, I'm just a young adult of 24 and those are the people have known as my family. I wasn't given a right of appeal as well. Please can anyone help me out here on what I need to do. Thanks

@bsmith13, hello and welcome to the forum. I'm in the same situation as you and I went for JR which got refused at a paper hearing but at the oral hearing the HO have asked for some time to reconsider my application and if they still refuse my application, they will give me right of appeal.
My advice to you will be the same as dapsonlee and Ikeron have suggested, start with JR and don't waste any time on it.

[bsmith13]

@Elastep and @Ikeron

Thanks for replying me.

But do you think I have any merit to my case by going for a JR.

@Elastep, at your oral hearing, did the judge grant you permission to go ahead with JR. Please could you please shed more light on this. Thanks