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

[naba]

Hello everyone

Congrats to those who have been granted leave to remain and I wish strength and succour to all bro and sis who have been refused or waiting eagerly for their stay.

I was not going to share this small progress at least for now but I thought it would be unfair to those who may receive encouragement from my story given that this forum has been a great source of rare inspiration and vigour to me in the last 20 months or so.

Here is my story. In August 2012 after the 9 July 2012 changes to family immigration rules I put in FLR O application for my self, wife and then 7 year old son under the parent of a child in the UK route.

Our immigration history is that I came here in 2002 as a visitor but overstayed but bravely in 2008 I left the UK and travelled to my home country in order to regularise my stay. I left the UK on faith and thankfully after nearly 3 months and two entry clearance applications I was allowed to come back as a dependant to my wife who had been granted five years work permit that would have qualified us for ILR in July 2013 but unfortunately she lost the job in 2009 and we have had to change course by staying here through student route.

My wife came here in March 2004 and have remained here lawfully since (she is currently applying for ILR under the LR route). Our two sons were born in the UK and now aged nine and seven. We have owned our home since December 2008.

Our FLR O application was refused in May 2013 because each of us do not have a sole responsibility of our son. I was initially denied an appeal which was later granted by an immigration judge.

In February 2014, our appeal was heard. The HO Presenting Officer though conceded that they have got the immigration rules wrong in our case tried her best to convince the judge that we could continue our family life in my home country by selling our house and use the proceeds to rent accommodation back home and use the remnants to put our children in private schools there. She argued that the children would adapt easily by making new friends. She further argued that career prospects for me and wife is just as good back home as it can be in the UK.

However, God prevailed for us and the judge allowed our appeals both under the immigration rules and article 8. For those of you that applied under the 7 year rule between July 2012 and 12 December 2012, the rule then did not include demonstrating that it was “unreasonable for the child to leave the UK”. This condition was added on December 13 2012 and there was a transitional provision that application submitted up-to 12 December 2012 should be considered under the rules subsisting pre 13 December 2012. The HO have been deciding all applications based on the amended rule from 13 December 2012.

Please seek advice if this is relevant to your case and it may make a different.

All thanks goes to everyone on this forum for sharing your lives with one and other but I would like to specially thank Nilesmarques for posting few decided unpublished upper tribunal cases as two of those cases were pivotal to our success. Thank you my friend. I wish everyone best of luck.

That's great- congratulations! Can you please share what happened after allowing your appeals? Actually I wanted to know the process. Have you got your permission to stay/resident card etc. I have heard that HO makes appeal against approvals...etc. God bless you!

[liaqatali]

Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds

HI Amjad can u please provide some information regarding the seven year child / family/ private life. I mean which types supporting documents u submitted with application related to seven year child.

thanks and regards

Dear brother Amjad i noticed u send private message but i am unable to open i don't know why. Can u sent here openly or email on liaqatmalik@gmail.com.

thanks

[nilemarques]

[quote="Rockefeller"]Hi Nilemarques
I think the applicable immigration rules you are referring to is as follows:
276ADE (1). The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK

Now, I believe you have already applied using iv and have been refused. Rules v and vi on the surface appears great as they did not contain any unreasonableness test. However, as you said in the absence of success stories of similar applications it is difficult to test the success rate but you may want to contact experts on this forum like Vinny and Amber for their opinions. Any news regarding your JR?

[quote="nilemarques"]Greetings forum family! I hope I find you all in good health! Need a little advice here. I've just been so caught up in my own application that I seem to be hoodwinked into not possibly looking at other options for my family.

I know that there are several people on the forum who are in similar circumstances as the one I want to highlight. Obviously most of you know about my FLR(O) application and it's subsequent refusal. I have just been procrastinating about my daughter. I believe the HO are deciding cases a lot quicker these days and I am wondering if it would be worthwhile to put in another application for my daughter in her own right who will be turning 18 soon. She came here at the age of 8 and has lived more than half her life here. Does anyone have any recent experience of being granted or know anyone who has. Your wise contributions will be greatly appreciated!!

Reason in why I'm thinking of doing that is because I have been following the unpleasant case of the poor sixth girl the HO want to deport

http://www.theguardian.com/uk-news/2014 ... on-protest

I really don't want to get to position where after having struggled so long, the HO will say that since she is now an adult, she must make her own application, which in turn will again prolong the regularisation process.

Sorry for the long post!
Stay blessed[/quote][/quote]

@ Rockefeller! Thanks for that! It's a pretty tricky situation. In my case, the HO didn't didn't consider for my kids, maybe because I was the main applicant and the refusal was directed at me with no consideration for the kids! It's wondering when cases like mine will start passing through the courts so that we can actually make an informed decision. Will get in tuch with Vinny and Amber and. Hear their take on the issue!

As regards to my JR, there's still nothing new to report. I am still waiting. I chase up the court every week and last whils chasing up, I was shocked to be informed that the court have not received the letter from TSol stating that they are not going to request another extension. So I put in a copy of the letter today in the post and then see what happens from there!

[MRLAOLU]

Hi Naba
You are right the HO as the loosing side has the rights to appeal to FTT for permission to take the matter to the UT if there is an error of law. The deadline to appeal was yesterday but I'll wait till tomorrow before checking with the court if they have appealed but from the determination it would be difficult for them to find anything to hang on. Its a nervy wait but I trust victory is already mine.
Once deadline passes then they will have to issue our BRP but I have seen people on this forum waiting for upto 12 weeks after appeal allowed before getting BRP. Please keep us in your prayer.

Hello everyone

Congrats to those who have been granted leave to remain and I wish strength and succour to all bro and sis who have been refused or waiting eagerly for their stay.

I was not going to share this small progress at least for now but I thought it would be unfair to those who may receive encouragement from my story given that this forum has been a great source of rare inspiration and vigour to me in the last 20 months or so.

Here is my story. In August 2012 after the 9 July 2012 changes to family immigration rules I put in FLR O application for my self, wife and then 7 year old son under the parent of a child in the UK route.

Our immigration history is that I came here in 2002 as a visitor but overstayed but bravely in 2008 I left the UK and travelled to my home country in order to regularise my stay. I left the UK on faith and thankfully after nearly 3 months and two entry clearance applications I was allowed to come back as a dependant to my wife who had been granted five years work permit that would have qualified us for ILR in July 2013 but unfortunately she lost the job in 2009 and we have had to change course by staying here through student route.

My wife came here in March 2004 and have remained here lawfully since (she is currently applying for ILR under the LR route). Our two sons were born in the UK and now aged nine and seven. We have owned our home since December 2008.

Our FLR O application was refused in May 2013 because each of us do not have a sole responsibility of our son. I was initially denied an appeal which was later granted by an immigration judge.

In February 2014, our appeal was heard. The HO Presenting Officer though conceded that they have got the immigration rules wrong in our case tried her best to convince the judge that we could continue our family life in my home country by selling our house and use the proceeds to rent accommodation back home and use the remnants to put our children in private schools there. She argued that the children would adapt easily by making new friends. She further argued that career prospects for me and wife is just as good back home as it can be in the UK.

However, God prevailed for us and the judge allowed our appeals both under the immigration rules and article 8. For those of you that applied under the 7 year rule between July 2012 and 12 December 2012, the rule then did not include demonstrating that it was “unreasonable for the child to leave the UK”. This condition was added on December 13 2012 and there was a transitional provision that application submitted up-to 12 December 2012 should be considered under the rules subsisting pre 13 December 2012. The HO have been deciding all applications based on the amended rule from 13 December 2012.

Please seek advice if this is relevant to your case and it may make a different.

All thanks goes to everyone on this forum for sharing your lives with one and other but I would like to specially thank Nilesmarques for posting few decided unpublished upper tribunal cases as two of those cases were pivotal to our success. Thank you my friend. I wish everyone best of luck.

That's great- congratulations! Can you please share what happened after allowing your appeals? Actually I wanted to know the process. Have you got your permission to stay/resident card etc. I have heard that HO makes appeal against approvals...etc. God bless you!

[Friendly2014]

Hi all!
I really need help to solve this puzzle.
I was granted 1st DL for 3 years in 2007, I applied for further DL in 2010 but initially used the wrong form and HO sent my application back after 4 months. Later, I was granted my 2nd DL for 4 years in 2011 but HO says there is a break in DL now, so I can not apply for ILR on the basis of 6 years (continuous) DL. My big question is what options I will have at the end of my this DL next year in 2015.
Please can anyone advice me and give some reliable information about it.

Your help will be much appreciated.

Thank you very much

Friendly2014

[God's Authority]

Hello everyone.

Quite a while since I have been on here, so much to catch up on.
Firstly congrats to everyone who had been granted so far and God's speed to everyone of us still at one stage of waiting or the other.

So much had happened since I have been on here but without going into so much details, I attended my appeal hearing in January as my solicitor requested an expedited hearing due to my health status at the time. As God would have it my appeal was allowed ,determination was received first week in Feb. I am yet to receive anything from the home office and I called a couple of times to see if I could get some of my with held documents back but they said I had to write to the case working team. Fees still not refunded and I haven't been able to write to the case working team either as I finally had my baby .

I don't know what the next step to take will be as I have read that a lot of people are still waiting several weeks after their appeal has been allowed and yet to recieve their BRP and docs back.

Am grateful to God and thanks to everyone who sent me very useful templates and witness statement examples. Am grateful for the support of everyone on this forum and i pray we will all have a happy story to tell at the end of it all.
God bless.

[naba]

Hello everyone.

Quite a while since I have been on here, so much to catch up on.
Firstly congrats to everyone who had been granted so far and God's speed to everyone of us still at one stage of waiting or the other.

So much had happened since I have been on here but without going into so much details, I attended my appeal hearing in January as my solicitor requested an expedited hearing due to my health status at the time. As God would have it my appeal was allowed ,determination was received first week in Feb. I am yet to receive anything from the home office and I called a couple of times to see if I could get some of my with held documents back but they said I had to write to the case working team. Fees still not refunded and I haven't been able to write to the case working team either as I finally had my baby .

I don't know what the next step to take will be as I have read that a lot of people are still waiting several weeks after their appeal has been allowed and yet to recieve their BRP and docs back.

Am grateful to God and thanks to everyone who sent me very useful templates and witness statement examples. Am grateful for the support of everyone on this forum and i pray we will all have a happy story to tell at the end of it all.
God bless.

What a fantastic news, Congratulations!! Hope people with relevant experience will let you know the next step. God bless.

[ThisYear]

Double congratulations God's Authority!!!!

From what I've seen others post on some other forums here, it does take a while for the BRP to be received it could be 3 - 6 months

This is something I wish the courts will pick up on with UKVI who enjoy wasting applicants time. I personally know someone whose appeal was allowed in Sept last year and is still waiting. I hope yours will be dealt with quickly.

Big kiss to the little one and have a stress free life with your family

[nilemarques]

[quote="God's Authority"]Hello everyone.

Quite a while since I have been on here, so much to catch up on.
Firstly congrats to everyone who had been granted so far and God's speed to everyone of us still at one stage of waiting or the other.

So much had happened since I have been on here but without going into so much details, I attended my appeal hearing in January as my solicitor requested an expedited hearing due to my health status at the time. As God would have it my appeal was allowed ,determination was received first week in Feb. I am yet to receive anything from the home office and I called a couple of times to see if I could get some of my with held documents back but they said I had to write to the case working team. Fees still not refunded and I haven't been able to write to the case working team either as I finally had my baby .

I don't know what the next step to take will be as I have read that a lot of people are still waiting several weeks after their appeal has been allowed and yet to recieve their BRP and docs back.

Am grateful to God and thanks to everyone who sent me very useful templates and witness statement examples. Am grateful for the support of everyone on this forum and i pray we will all have a happy story to tell at the end of it all.
God bless.[/quote]

@God's Authority. A massive massive congrats to you!! Two birds with one stone!! Lol!!!! Hope mum and baby are doing fine!

[God's Authority]

Thank you so much my lovely people. Naba,This year and Nilemarques. Am so grateful. We all have come a long way and I can only pray everything ends well for is all. God bless you all x

[shareen24h]

[quote="God's Authority"]Thank you so much my lovely people. Naba,This year and Nilemarques. Am so grateful. We all have come a long way and I can only pray everything ends well for is all. God bless you all x[/quote]


Thank you
God's Authority" God bless you.


http://www.bbc.co.uk/news/uk-england-london-26808636


Yashika Bageerathi's deportation to Mauritius delayed
Yashika Bageerathi
Yashika Bageerathi was due to be deported to Mauritius without her family
The deportation of a Mauritian student has been delayed after lawyers said they would seek a High Court injunction to block her removal.

[hatchsead]

Hi all!
I really need help to solve this puzzle.
I was granted 1st DL for 3 years in 2007, I applied for further DL in 2010 but initially used the wrong form and HO sent my application back after 4 months. Later, I was granted my 2nd DL for 4 years in 2011 but HO says there is a break in DL now, so I can not apply for ILR on the basis of 6 years (continuous) DL. My big question is what options I will have at the end of my this DL next year in 2015.
Please can anyone advice me and give some reliable information about it.

Your help will be much appreciated.

Thank you very much

Friendly2014

You will still be given DL. DL is minimum of 6 years and maximum of 10 years to qualify for ILR.

I hope this answers your question?

[babybaby]

Hi all,
I wonder did anyone apply for DLR extension on February 2014 already received their documents or decisions back?

[UK2013A]

Dear All,

I need your helpful suggestions with regards to my Mrs visa application.

The scenario is;
I have got ILR granted in November 2013.
Our Children have become British Citizen on 5th March 2014.
My Mrs has been in the UK since 2004 – she came to UK on spouse visa (her first relationship never established).
She has filed a legal divorce in UK under the provision of over 5 year separation in Dec 2013.

She is an over stayer but last she was granted LOTR in May 2011 and was aligned to my previous visa Category T1 General until October 2013. We were in impression that she had Discretionary Leave to Remain until we applied for her extension and got refusal as she couldn’t qualify under the new rules of Appendix FM as a partner (we couldn’t provide 2 year cohab month to month proof) or as a parent (she got the refusal before the kids got their citizenship). We got her SAR file which explained form the case worker notes in 2011 that she was only granted LOTR as she established her family life with me.

We have appealed against the refusal in first-tier tribunal through our solicitor and got the hearing date in mid-July 2014 – Now that we have found that she was granted LOTR not DL in 2011 – I am thinking to submit a new application FLR(O) or FLR(FP) ?! for her as there are less chances for the appeal to be successful even if gets through will only get 30 months under new rules 9 July 2012 after the long and costly process. We have an appointment to see our solicitor on Wednesday this week so see what they suggests – I personally don’t want to rely on her advice as because of past experience.

I need help from you guys;
If we submit a new application what form would you suggest to fill FLR(O) or FLR(FP)?
What category we would apply – partner – British children – or Article 8 under new rules?
Before we apply do we have to withdraw from the appeal?
Do we get the refund if we withdraw the appeal?

Awaiting your response guys specially Amber and other senior members.
I may come back to you guys with more queries if get stuck before submitting the application.

[nilemarques]

Greetings folks, hope I find you all well. Just wanted to post this recent judgement where the Court of Appeal ruled that it is unlawful for the SSHD to refuse a pre 09/07/2012 application under the new rule 276ADE.

http://www.bailii.org/ew/cases/EWCA/Civ/2014/402.html

Stay blessed

[nontsomi]

Hi everyone

Has anyone have an idea of what this means or received anything like this " your application raises issues relating to the European Convention on Human Rights which are complex in nature. As such, it falls outsider normal service standards for deciding leave to remain applications. Please be assured that we will make a decision on your case as quickly as possible."
Please help !!! Is this something new that gets sent to everyone ??? An explanation would be much appreciated. Should I be worried ???

Thanx in advance

[evie233]

Hi everyone

Has anyone have an idea of what this means or received anything like this " your application raises issues relating to the European Convention on Human Rights which are complex in nature. As such, it falls outsider normal service standards for deciding leave to remain applications. Please be assured that we will make a decision on your case as quickly as possible."
Please help !!! Is this something new that gets sent to everyone ??? An explanation would be much appreciated. Should I be worried ???

Thanx in advance

Hello.. I received the same thing with my biometrics, so I think its just a standard letter for flro applications, so please dont worry..

[nontsomi]

Hi evie

Thank you so much for the reply, Is this something new though ?? As never heard of it before ! I applied for flr (fp)

Thanks again for replying , as I wasn't sure what to make out of it. Very kind of you.

[evie233]

Hi evie

Thank you so much for the reply, Is this something new though ?? As never heard of it before ! I applied for flr (fp)

Thanks again for replying , as I wasn't sure what to make out of it. Very kind of you.

Yeah I made the same application myself on the 7th of march, they got it on the 10th, and I got my biometrics on the 2nd dated 31st . when I saw the same letter I was a bit surprised too but then I remembered its an application outside the rules, so they have to write it like that.. Did you use a lawyer? Or applied yourself?

[nontsomi]

Hi evie

Thank you so much for the reply, Is this something new though ?? As never heard of it before ! I applied for flr (fp)

Thanks again for replying , as I wasn't sure what to make out of it. Very kind of you.

Yeah I made the same application myself on the 7th of march, they got it on the 10th, and I got my biometrics on the 2nd dated 31st . when I saw the same letter I was a bit surprised too but then I remembered its an application outside the rules, so they have to write it like that.. Did you use a lawyer? Or applied yourself?

I did mine on the 26th march it arrived to them on 27th money was taken on the next day. Got acknowledgement letter 1st of April and 2nd was biometric letter with this letter. Oh i never thought of that you are right I will be able to sleep tonight lol.I have applied myself as couldn't afford the lawyers fees, are you using a lawyer ? Have you done your biometrics ?

[evie233]

Hi evie

Thank you so much for the reply, Is this something new though ?? As never heard of it before ! I applied for flr (fp)

Thanks again for replying , as I wasn't sure what to make out of it. Very kind of you.

Yeah I made the same application myself on the 7th of march, they got it on the 10th, and I got my biometrics on the 2nd dated 31st . when I saw the same letter I was a bit surprised too but then I remembered its an application outside the rules, so they have to write it like that.. Did you use a lawyer? Or applied yourself?

I did mine on the 26th march it arrived to them on 27th money was taken on the next day. Got acknowledgement letter 1st of April and 2nd was biometric letter with this letter. Oh i never thought of that you are right I will be able to sleep tonight lol.I have applied myself as couldn't afford the lawyers fees, are you using a lawyer ? Have you done your biometrics ?

I applied myself and filled the fee waiver form, so my biometrics were free.. I just pray I get good news..

[nontsomi]

Hiya evie

Oh that's good, I have to pay for mine I could have done with fee waiver tbh but I didn't know who's entitled to it etc. That's my prayer too. Fingers crossed for us both.

[convenantkeepingGod]

Hi everyone,
please has anyone been refused because they are claiming or have claimed benefits ?
can you advise please?


Thank you

[convenantkeepingGod]

hope that someone who has doubt or the same question I have had .claiming or have claimed benefits and worried about your application. I FOUND THIS:
Exceptions on claiming benefits :

woman is not excluded from getting IS, income-based JSA, HB, CTB and social fund payments if she is an EEA or Swiss national or a family member of an EEA or Swiss national who is a worker or an asylum seeker with transitional protection – see the asylum seekers’ information sheet.A woman with limited leave who is subject to a public funds restriction is not excluded from claiming IS, income-based JSA, HB, CTB and social fund payments if her funds from abroad are temporarily disrupted and she is without money. She is also not excluded if she has indefinite leave and is subject to a formal undertaking by a sponsor that she will not have recourse to public funds if she has been in the UK for at least five years or her sponsor has died. In these circumstances, she can claim urgent cases payments of IS and income-based JSA which will be paid at a reduced rate.A woman is not excluded from getting Child Benefit if she is an EEA or Swiss national; or a family member of an EEA or Swiss national (regardless of her nationality or whether her partner is a worker); or she has indefinite leave and is subject of a formal undertaking; or she is an asylum seeker or person with limited leave who has transitional protection.

Hope this helps

[convenantkeepingGod]

If you are a parent of a british child you fall within those exceptions