Discretionary leave to remain

[adetaq]

Good Afternoon,
I am applying for discretionary leave to remain and need someone to help me to draft supporting letter from myself and my wife. We have established private life here and have two daughters from which one is my biological and the older one is step. One is 4 and another is 9. Have been living together since 2008 I have already drafted one letter by me but not sure where to start one from my partner. Just to let you know that we been only married under Islamic law not UK. Need help urgently.
Many thanks

[God's Authority]

Hi

I think you would find more advice on this thread.

http://immigrationboards.com/viewtopic.php?t=103135

Just scroll to the last page and post your comment/question. However, you might also want to consider legal advice.

Good luck and all the best.

[Amber]

How long has your child been in the UK, what is the nationality of the child and what is the nationality of your partner?

[adetaq]

Hi both,

Sorry for not replying as was very busy collating documents. Please accept my apology

I have applied now

Thanks God's Authority will check there and I have indeed gone solicitor route.

Application Type : FLR(0) -
Date Applied/Docs sent: 06/12/2013 via parcel force as my documents were massive.
Date Received Ack. Letter: 16/12/2013 dated 12/12/2013
Date Funds Taken: 13/12/2013

Amber -
My partner has Indefinite Leave to Remain and she has now applied for Naturalisation. She got in 2010
My Daughter - Indefinite Leave to Remain - 2010
My Step daughter - British (She had been with me since she was 4 years old and she is 9 now. No connection with her father what so ever.

___________________________________
Just brief about my story.

Came to this country on student visa for Msc in 2006. In 2007 had to change my course due to lack of interest and took technology. Got invloved with my partner in 2007. Got married in 2008 ( Islamic Niqah ). Applied for extension in 2009 under via tier 4 and was refused. Lodged an appeal though solicitor 2010. Judge said that fault does not lie with me and was unfortunate for me. Applied for upper tribunal 2010 and never heard back from solicitor. In 2010 Indefinite given to my partner and my biological daughter. Paid 3k still no luck. Been working as senior digital analyst throughout the course. Have paid tax and NI. When started working was on visa and employer never asked after that. As you can understand I had family so was working. Had to stablise my immigration status so went through another solicitor. Solicitor advised should not work. Left work in sep 2013. My solicitor asked for subject access request from HO and drafted my application. Have submitted as many documents as i could gather. Applied on 06th Dec 2013.
Now am just waiting ....

Lets hope for the best and thank you for your replies.


Regards
Adetaq

[Amber]

Where was your biological child born? What is your current status, does your partner work, are you both eligible to marry?

[adetaq]

Hi Amber,

Good Morning

My biological child was born in UK. My current status is unknow but what i figured it out that I might have overstayed my leave. My partner does work full time and not sure if I am eligible marry here due to my immigration status.

Regards

[Amber]

As your child was born in the UK and one parent has ILR the child is entitled to register as British by virtue of section 1(3) BNA. This should be done ASAP and will strengthen a case of FLR(FP). You should be able to marry and should discuss this with the superintendent registrar again being married will strengthen the case. If may also be an idea to find out if you meet the requirement for spouse leave (click). This would mean leaving the UK and applying from your native Country for EC, this would be a 5 year route to settlement as apposed to a 10 year route to settlement under FLR(FP).

[adetaq]

Hi Amber,

Thanks a lot for your advise.

My solicitor has already applied for discretionary leave using FLR O application form. Don't you think it's right application for me? We have been together 5+ years now and I know I should register my child but due to my wife applying for neutralization and my application. I have paid almost £2,900 already and was planning to apply for my daughter once one of us get our documents back as the cost for child application is another 700+ solicitor fee. Regarding marriage, I thought register office will ask for my immigration status and my documents have already been sent to HO.
My case is bit different. I have applied via private life + breadwinner for my family + step daughters relation + my daughers life + how my daughers have established their life here socially, educationally and physically. I have also explained the consequences and danger to my family if we had to move back.

What do you think my next step should be.

Wait or get married or apply for my daughters registration. Finally to let you know that as I have sent all documents which include my wife ILR, my daughters orignal ILR, my step daughters british passport with other supporting documents.

[similo]

You must apply for your child naturalisation ASAP! You should have done that they refused my patner based on our son not being British citizen eventhough I was so please apply for your daughter you can do it yourself avoid solicitors fee

We now had to pay more for JR because of our silly mistake UKBA is brutal

[adetaq]

Hi Similo,

Thank you for your conern.

Will sort it out on Monday and apply straight away. As my daughters orignal ILR and birth certificate was sent with my application, will they accept certified copy of her ILR and birth certificate with her application? and do you think its wise idea to apply via local NCS ?

I think it takes upto 4 weeks for chid to get neutralized and do I need to send those documents again to support my application?

Too much stress and on top of that I am currently not working.

Your help will be highly appreciated.

Regards

[similo]

We used copies for my son as his ILR stamp was with the home office for transfer of condition. We put a letter of his ILR, copy of a ILR stamp, copy of a birth certificate and my naturalisation certificate I think- it came back within 3 weeks our lawyer was able to send it with a PAP in your case I will suggest once you receive acknowledgement you send with a covering letter

[adetaq]

Hi Similo,

Thanks once again.

I will be applying tomorrow for my daughter's neutralization. Got documents ready but still will give quick ring to my solicitor regarding why she didn't advised this. I got her ILR, mothers ILR, birth certificate and HO letter which was sent when ILR was granted. Is there anything else which you suggest to include?

Really appreciate your help.

Regards

[similo]

Your daughters birth certificate, if a child is British makes your case stronger

[adetaq]

Hi Smilo,

Thanks for pointing me in the right direction. Spoke to my solicitor today and she is saying that HO will not accept copies and they will need to see orignals? Is that right? I think she is bluffing as many nationality checking service centres send certified copies not orignals which she is willing to do for small fee.

Also she mentioned that its not good idea to send additional documents while my application is in progress and HO might not accept them. Seriously don't think she knows what she is talking lol. Been speaking to her legal assistant.

I have completed the MN1 application form myself and will be getting relevant documents certified tommorow.

1. Birth certificate of my daugher
2. ILR of my daughter
3. Home Office letter when ILR was granted
4. Mother's ILR

All of the above are copies as have sent orignals with my application.

Please let me know if i am hitting right target.

PS: Today received acknowledgement for my application.

Peace
Regards

[similo]

These solicitors sometimes I wonder I don't see any harm in sending additional documents with a covering letter she is just lazy! Keep pushing

[adetaq]

Hi Similo,

Hope you are well.

Today I have applied for my daughters registration as british citizen through local NCS and hope everything goes well. I have also received my biometrics lettter today and will try to get it done tommorow.

As soon as i get acknowlege letter for her application, will instruct my solicitor to send it straight away to HO with converting letter to support my application.

Regards
OD

[adetaq]

Hi,

Thanks a lot for your help.

Had a call from my solicitor earlier today and I have been granted 30 months leave to remain.

Regards

[Amber]

Congratulations.

[adetaq]

Congratulations.

Thank you soo much Amber.!!!

[similo]

Well done! That is great news

[adetaq]

Well done! That is great news

Hi Similo,

Thank you so much. As advised I did sent application for my daughters naturalisation but received acknowledgement on the same day leave was granted.

The HO did asked for additional documents on 16th Jan and just days after submitting them on 20th Jan, visa was granted.

Thanks a lot for all your help and I wish you luck for your JR.

Regards

[similo]

Well done! That is great news

Hi Similo,

Thank you so much. As advised I did sent application for my daughters naturalisation but received acknowledgement on the same day leave was granted.

The HO did asked for additional documents on 16th Jan and just days after submitting them on 20th Jan, visa was granted.

Thanks a lot for all your help and I wish you luck for your JR.

Regards

I'm so please for you, I can imagine how you and family maybe be feeling! Enjoy your life.
Thanks for your best wishes, we are also hopeful now as HO/TSol has requested we withdraw the JR and have agreed to reimburse our cost of lodging the JR, also agreed to reconsider their original decision within 3months. We have faith in God that all will be ok.

[adetaq]

Afternoon,

Hope you all are doing well !!!

I want some advice.

As you know I have been granted discretionary leave to remain for 30 months initially and have to compete total of 120 months to apply for settlement visa (ILR). Also my both daughters are British Citizen now but we have not registered our marriage here in UK and only had Islamic Niqah.

I know that 120 months option is there but would like to ask is there any way to get settlement visa before that. If we get our marriage registered, can I apply via any other route or should I keep extending this limited leave.

Your advice will be much appreciated.

Regards,

[Choc-Ice]

Afternoon,

Hope you all are doing well !!!

I want some advice.

As you know I have been granted discretionary leave to remain for 30 months initially and have to compete total of 120 months to apply for settlement visa (ILR). Also my both daughters are British Citizen now but we have not registered our marriage here in UK and only had Islamic Niqah.

I know that 120 months option is there but would like to ask is there any way to get settlement visa before that. If we get our marriage registered, can I apply via any other route or should I keep extending this limited leave.

Your advice will be much appreciated.

I stand to be corrected if I am wrong -You can apply for FLR-M when your marriage is fully registered under UK LAW...This will shorten your settlement down to 60 months..However you have to pay for the application all over again and submit the relevant docs! Hope this helps.

Regards,

[Choc-Ice]

Afternoon,

Hope you all are doing well !!!

I want some advice.

As you know I have been granted discretionary leave to remain for 30 months initially and have to compete total of 120 months to apply for settlement visa (ILR). Also my both daughters are British Citizen now but we have not registered our marriage here in UK and only had Islamic Niqah.

I know that 120 months option is there but would like to ask is there any way to get settlement visa before that. If we get our marriage registered, can I apply via any other route or should I keep extending this limited leave.

Your advice will be much appreciated.

Regards,

I stand to be corrected if I am wrong -You can apply for FLR-M when your marriage is fully registered under UK LAW...This will shorten your settlement down to 60 months..However you have to pay for the application (FLR-M) all over again and submit the relevant docs! Hope this helps.