ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

2yr Discretionary leave completed ukba want me to fill flrfp

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
Sway
Newly Registered
Posts: 6
Joined: Mon Feb 24, 2014 7:24 pm

2yr Discretionary leave completed ukba want me to fill flrfp

Post by Sway » Mon Feb 24, 2014 7:41 pm

I recently completed a 2 year DL, I have now completed and submitted a flr o form, ukba have now requested I complete section 4 and section 6 of the flrfp form, can someone please explain why this request has been made, given I was awarded my DL in feb 2012 hence I should continue under the old law and not the 10 year route, I am understandably frighted at this prospect due to length it will take to ilr .

Sway
Newly Registered
Posts: 6
Joined: Mon Feb 24, 2014 7:24 pm

Re: 2yr Discretionary leave completed ukba want me to fill f

Post by Sway » Mon Feb 24, 2014 8:10 pm

[quote=Amber "]I recently completed a 2 year DL, I have now completed and submitted a flr o form, ukba have now requested I complete section 4 and section 6 of the flrfp form, can someone please explain why this request has been made, given I was awarded my DL in feb 2012 hence I should continue under the old law and not the 10 year route, I am understandably frighted at this prospect due to length it will take to ilr .[/quote]

Sway
Newly Registered
Posts: 6
Joined: Mon Feb 24, 2014 7:24 pm

Re: 2yr Discretionary leave completed ukba want me to fill f

Post by Sway » Mon Feb 24, 2014 8:11 pm

[quote amber_"][quote=Amber "]I recently completed a 2 year DL, I have now completed and submitted a flr o form, ukba have now requested I complete section 4 and section 6 of the flrfp form, can someone please explain why this request has been made, given I was awarded my DL in feb 2012 hence I should continue under the old law and not the 10 year route, I am understandably frighted at this prospect due to length it will take to ilr .[/quote][/quote]

Amber
Moderator
Posts: 17549
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: 2yr Discretionary leave completed ukba want me to fill f

Post by Amber » Tue Feb 25, 2014 2:50 am

If you believe you are under the old rules, write back to them, quoting the transitional provisions (click) at chapter 7.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Sway
Newly Registered
Posts: 6
Joined: Mon Feb 24, 2014 7:24 pm

Re: 2yr Discretionary leave completed ukba want me to fill f

Post by Sway » Tue Feb 25, 2014 7:25 am

Amber_ thanks for your response, I actually put together a strong worded letter yesterday but prior to this I rang the public inquiry office and I was advised as you suggested. I understand there is an active review for applicants such as myself applying for further leave, but having done my research I as well discovered Therein a clause exsisted transitional provisions and a public inquiry officer I spoke to confirmed this as well before I made the application that my application would be considered under the 6 year route, but what baffles me is that the caseworker has requested that I complete this section 4 and 6 of the flrfp, my question lies two folds. Can ukba move an applicant forcibly from the 6 year route unto a 10 year route given an active review is applied to further leave DL , and can ukba in retrospect infer issues that have already been disregarded when the initial DL was awarded under further leave applications for DL. My circumstances remain the same, I have been law abiding through the duration of the 2 yr probabtion period and better yet my partner who is a British and am married to both had a child recently. Hence my circumstances have even changed for the better. I hold a law and a masters in commercial law and during my school days I had a minor altercation thus paid a fine, awarded conviction, this is now spent over 7 yrs but dented my law career, I have worked in the city twice and I earned a good income and paid a hell load of tax, I have never sought public recourse to funds at any time during my 11years and inclusive is my wife who has a good job. I am somewhat frighted that my past conviction for a minor offence 7 years ago might have reared up in the eyes of this caseworker lastly how does the suitability rule and criminality rule affect me, I am reformed it was a 1 off offence and I regret it everyday I am sitting some exams in June due to a change in career path I would really appreciate your view, I apologise in advance for the lengthy ensemble I have written here.

Amber
Moderator
Posts: 17549
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: 2yr Discretionary leave completed ukba want me to fill f

Post by Amber » Tue Feb 25, 2014 8:13 am

What was the offence and the sentence imposed?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Sway
Newly Registered
Posts: 6
Joined: Mon Feb 24, 2014 7:24 pm

Re: 2yr Discretionary leave completed ukba want me to fill f

Post by Sway » Tue Feb 25, 2014 9:37 am

Dear Amber it was a shoplifting offence and the sentence was a sentence was a fine I did not serve a custodial sentence, this was over 7 years ago and it is now spent, I went shopping and paid for items excluding an item which was found unpaid for in my shopping bag, my error fell on deaf ears,the judge felt I was culpable given I was a law student I should know better regardless of my explanation

Amber
Moderator
Posts: 17549
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: 2yr Discretionary leave completed ukba want me to fill f

Post by Amber » Tue Feb 25, 2014 11:40 am

Then you should argue transitional protection. The conviction must still be declared.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Sway
Newly Registered
Posts: 6
Joined: Mon Feb 24, 2014 7:24 pm

Re: 2yr Discretionary leave completed ukba want me to fill f

Post by Sway » Tue Feb 25, 2014 12:04 pm

I have declared the conviction as I understand irrespective of whether it is spent or otherwise the duty lies with the applicant to always declare, transitional protection I would assume you would want me to argue that I am subject to policy set in place for applicants before July 2012, I appreciate your time taken to respond to my questions, and I shall update you as this matter progresses, thanks and Goodbye for now.

Locked