Separated and need to make application

[Orvilleb]

Hi there hope you're all well.

I am looking for some help or guidance with this. I am a Jamaican national married to a uk national with 3 children, I am coming to the end of my leave to remain permit issued in 06/2013. We have been separated for over a year now and I need to file my application my question is what form of application should I be sending is it FLR(M)? If I've already done 3 years does that mean i'll be on the Family life as partner... 5year route? Am I applying for second period of leave to remain?

Any help would be appreciated.

Many Thanks...

[Casa]

If you're separated and the relationship has broken down, you won't be able to apply for FLR(M) as a spouse. You may be successful with a FLR(FP) application as a parent, but this is a much longer route to settlement. You would have to submit documented evidence that you have regular and ongoing contact with your children.
https://www.gov.uk/government/uploads/s ... _04-16.pdf

[Obie]

Who does the child lives with , or is there a contact arrangement in place? Are you working at present.

If you are working and earning and play a role in the life of the 3 children, you may qualify under the parent route under the 5 years ILR path.

[Orvilleb]

Thanks for your reply casa and obie
I am working full time and I've also got my own business. The children presently live with there mum, I see them every weekend that's present agreement and I pick up the youngest from school 2 days per week. We were trying to make things work but can't say for sure if we'd get back together. I was hoping I could send this off myself but not that clued up on the different forms..

[Casa]

Obie and I are in agreement then...and I've given you a link to the FLR(FP) application form in my previous post.

[Orvilleb]

Is flr the same as ilr and what is the difference between 5years and 10years?

[Obie]

They are different. 5 years means you will need to wait for 5 years since your first grant of leave to secure ILR. 10 years path means you will need to wait for 10 years from the first grant of leave to secure ILR.

[Orvilleb]

So flr is ilr? I was given live to remain in 2013 so would any of that 3 year be taken into consideration when applying?

[Orvilleb]

So flr is ilr? I was given live to remain in 2013 so would any of that 3 year be taken into consideration when applying?

[Casa]

No. As Obie has already advised, they are different.
FLR = Further Leave to Remain
ILR = Indfinite Leave to Remain (permanent residence).

My understanding is that FLR(FP) parent route would start a new 5 year period before your would qualify for ILR.

[Orvilleb]

Ok so to confirm flr(fp) first starting a new period wait 5 years and then apply for ilr?

Thanks

[CR001]

Ok so to confirm flr(fp) first starting a new period wait 5 years and then apply for ilr?

Thanks

Yes

[Orvilleb]

Do you think the FLR(FP) is a straight forward application or should I get a solicitor?

[naija99]

Was the initial 3 years that you were granted discretionary leave to remain? Because if it was I think you should be applying for another 3 years discretionary leave to remain on the basis of your relationship with the children. It would be a quicker route to ILR.

[Orvilleb]

Yes the initial 3 years was granted descretionary leave to remain

[naija99]

Then I think you should be applying on FLR O for a further 3 years discretionary. After 6 years in total it would be ILR application. They may question of your circumstances are still the same as when the first 3 years were granted though. Hopefully you should still get it based on your relationship with the children.

Do they stay overnight weekends with you? You would need to show how involved in their lives you are.

[Orvilleb]

Do I have to get a letter from church to say I've been attending with children because I don't go to church..

[Orvilleb]

Flr fp: what is the difference between applying for 5 years and 10 years could someone explain please? And why would you apply for either?