ILR for wife please help

[vinny]

Dear amber, the home office already refused us when we had given them evidence of each and every correspondence with royal mail, i dont think arguing with them will make any difference as they have clearly declined right of appeal. According to my new solicitor form FLRO was the right choice at the time of application but it should have beeen changed to FLRM as soon as my ILR arrived.

Let a judge decide on your wife's rights of appeal. It's illogical to say that FLR(O) was the correct form for a Long residence's spouse, when the only outstanding requirement was the Long residence applicant's ILR.

[flyingv26]

Thank you vinny and amber for your help, you guys have given me your time and advice when i was struggling to find the right solicitor.

@amber: my solicitor has finally seen all the evidence of in time application(including apology letter from Royal Mail) and is going to launch an appeal as well as judicial review, which ever gets done sooner. (I'm sorry i being a layman, couldnt understand how could i make an appeal when i had no right to). Really appreciate your genuine advice

@vinny: i'm sure flro wasnt the right choice, but we cant change that now, my soliciotr said for my wife to get spouse visa, she needs to go back to pakistan and apply from there. At the minute i just want leave for my spouse for whatvever it takes so i didnt want to argue with my solicitor.

So if she gets a leave through flro now, cant she switch back to flrm again?

If we got to go at oral hearing, can we mention to consider flrm there?

Many thanks for your patience and help.

[Amber]

I shall comment again now your solicitor has come to her senses, somewhat at least.

Your solicitor needs to realise that if your wife doesn't appeal and ask the tribunal to consider to FLR(M) under the transitional protection she will be set on a course of settlement which is at least another 5 years, with a financial requirement and much more expense. If she goes for judicial review to get FLR(O) that's a 10 year route to settlement which is even longer! Not to mention that lawful residence could also be considered broken for the purpose of Long Residence ILR. Your solicitor has been very very sloppy to say the least. She could have still rectified applying for FLR(O) by varying it to FLR(M), the fact she did not is very concerning and I would be asking her to pay for any additional applications and expense.

[flyingv26]

Hi everyone
I just received a letter today from the tribunal for my wife stating that her oral hearing will be on 15th May 2014. I have also applied for naturalization of my daughter and myself, so by the time we go for that hearing, hopefully me and my daughter will get citizenship as well making the case more stronger.
Now my solicitor is asking that i should go for judicial review as well, as we dont know what they're going to decide on that hearing, i am bit confused that maybe my solicitor's insisting on judicial review so he can make more money. Could you please help me decide if we should file judicial review or not, the deadline for judicial review is till jan 2014.

[vinny]

If you have been granted full rights of appeal under 82(2)(d), then a judicial review may fail.

2. Judicial review may be used where there is no right of appeal or where all avenues of appeal have been exhausted.

[Amber]

Why would you apply for Judicial review when you have been grated an appeal hearing? Who has acted ultra vires?

[flyingv26]

Thanks Amber and vinny for replying, you've been giving genuine advices free when I couldn't get them from solicitors even after spending hundreds of pounds.
My solicitor wrote: the home office have failed to respond to our pre action protocol letter before claim. You now need to decide whether you wish to proceed with a judicial review or take your chances with the appeal. Although the appeal has been listed, it may well turn out that the judge may decide that should not be a right of appeal because you had no valid leave to remain at the time you made your application.the appeal is not due to be heard for another 6 months, judicial review may result in a favorable outcome in shorter space of time."
Is it possible that they don't hear our appeal after giving us hearing date?
What if my appeal is not successful at that time, what's the next course of action?

[vinny]

Doesn't your solicitor have proof that the application was posted in-time?

[flyingv26]

He has all the proof we got, he even based our appeal on that proof (letter fr Royal Mail, letter from previous solicitor, and the dates on the filled form)

[Amber]

If you have proof that the application was posted in-time, then you have a right to appeal, there is no questions about that, it is a matter of fact. The proof of postage would be fact that the application was posted in time. Moreover, what exactly are you asking for at Judicial Review? As opposed to FLR(M) and settlement straight away as is what the solicitor should have done in the first place. I cannot believe that your current solicitor is stating that:

......should not be a right of appeal because you had no valid leave to remain at the time you made your application....

[flyingv26]

Hi everyone, hope you're all doing okay. Just here with a query again, but would just like to post a short summary of my story.
"So while i was applying for my ILR via 10 year route(June 2012), my solicitor applied for my wife (who was my student dependant at that time) via form FLRO. My ILR was approved within 6 months whereas reply for my wife came after nearly 1.5 years refusing her visa on the grounds of application posted late (my solicitor's/royal mail's fault) and also declining her right to appeal. After a lot of stress, expenditure and a change of solicitor, we were allowed the right of appeal but our solicitor suggested to go for judicial review as this will get us all the money back as well, in the end home office went for out of court settlement and visa was granted to my wife and daughter in october 2014. I am a british citizen now as well as my 5 years old daughter. My wife's here since 6 years and her visa expires october 2016."
Now i'm already stressing on which basis to renew her visa on and she got it via form FLRO, is there anyway she can be transferred to FLRM or straight to ILR for that matter. Any help will be appreciated. xx

[vinny]

What category and period of leave did they grant your wife and daughter?

If the period of leave was for two years, then they may have treated her FLR(O) application as a FLR(M) application.

Have you registered your UK born daughter as a British citizen?

[flyingv26]

Hi vinny thanks for your reply, yes I have registered my daughter as a British citizen since 2014. My wife's visa lasts from April 2014- Oct 2016. It says work permitted and no use of public funds. But I can't tell from her residence permit what kind of visa it is, is there any way I can find out?

[vinny]

It looks like they may have treated her FLR(O) application as a FLR(M) or FLR(FP) application, and under Appendix FM rather than 285.

Did her grant of leave come give with any more information on her category of leave? Was there any accompanying letter stating when she may be eligible for ILR?

Her incorrect FLR(O) application complicated things. Without knowing exactly what path they have put her on makes it impossible to give any more helpful advice.

Perhaps her SAR records may yield more.

If you have any contact details for the caseworkers, then do write and ask them.

[flyingv26]

Thank you vinny, your post gives me some hope, i'll definitely write to them and request SAR as well. Fingers crossed, will keep posting.

[flyingv26]

hi guys, so my wife is on 10 year route via partner indeed. Is there any thread for flr fp as a partner where i can find more information about it please.

[CR001]

hi guys, so my wife is on 10 year route via partner indeed. Is there any thread for flr fp as a partner where i can find more information about it please.

What information in particular are you looking for.

Moved to the Family Immigration sub forum.

[flyingv26]

I'm somewhat stuck to choose between window or postal application. Would it be a straightforward enough application considering all the old facts?

[flyingv26]

Also since my wife is a dentist and it's hard to find a training post for them, she got offered a one year contract in Scotland and we decided to go ahead with that. She's been working in Scotland for weekdays and coming back to us in England every weekend. Since our daughter had already started school in England, she would stay with me during school term and my wife used to take her to Scotland during holidays. My wife finally has a job offer in England and she's moving back with us at the end of this month. We've got all the evidence of her travelling at every weekend and when my daughter would join her for holidays. Also all her post still came at our address and she stayed registered with our GP all that time as well.
Adding all this information to the application, would it make it complicated? Would it be worth to go through the window route? I'll appreciate any help and advice.

[Casa]

In my opinion, you should apply by post.

[flyingv26]

In my opinion, you should apply by post.

Thank you for your reply casa, would you say so because she's been working away from home or do you think flr fp category on it own is complicated enough?

[Casa]

In my opinion, you should apply by post.

Thank you for your reply casa, would you say so because she's been working away from home or do you think flr fp category on it own is complicated enough?

On both issues.

[flyingv26]

In my opinion, you should apply by post.

Thank you for your reply casa, would you say so because she's been working away from home or do you think flr fp category on it own is complicated enough?

On both issues.

Thankyou again casa, would it be worth consulting a solicitor then? (Had such bad experiences in the past that I wanted to deal with the application myself)

[Casa]

Help is always available on the forum if you get stuck with anything in the application.

Regarding working away from the marital home, you'll need to submit evidence of your return visits + proof that you've maintained a joint address.

Why is your wife on a 10 year route to settlement?

[flyingv26]

Help is always available on the forum if you get stuck with anything in the application.

Regarding working away from the marital home, you'll need to submit evidence of your return visits + proof that you've maintained a joint address.

Why is your wife on a 10 year route to settlement?

I appreciate your help Casa. This is a very sad story of 2 solicitors messing me up one after the other. My first solicitor put her on flro while I was waiting for my ilr via 10 year route. Unluckily her application was delayed by 15 days due to royal mail's (or maybe my solicitor's) fault. It took 1.5 years for her visa to be finally decided and refused with no right of appeal on the grounds that the application was submitted late. We switched to solicitor 2 with proof of postage and a letter of apology from Royal Mail and he advised us judicial review. Soon after home office granted us right to appeal but my solicitor 2 tricked us in taking the judicial review route, we got the visa in the end but it was the inevitable 10 yr route to settlement for my wife when me and my daughter were already naturalised and British by then.