flr(fp)

[Nj2016]

hi,

I am new to this forum. after reading many comments i thought someone can help me.


1. I arrived UK in October 2009 as a tier 4 student.
2. I passed my LLB (Hons) in 2009- 2013
3. I entered in to University for LPC in 2013-2014.(3 subjects to be completed)
4. In 2015 I have completed my Masters, LLM in Employment Law.(2014-2015)
5. I tried to get a placement to do my PhD. But recent immigration law changes not allowed me to do so. (under 8 yr rule)
6. Tier 4 Visa expired on 7th of February 2016.
7. To avoid the overstay solicitor applied for FLR (FP).
8. I am married and no kids.
9. Yesterday got an email from HO saying my application has been refused.(solicitor hasn't received yet)
10. Still I haven’t received my IHS refund.
Please tell me what shall I do now. Do I have to go back to my country without professionally (Cannot complete my LPC due to visa. Only 3 subjects’ left) and academically qualified.

[Casa]

Without knowing the reasons for the FLR(FP) refusal, it's difficult for anyone to advise you. Is your wife British or have permanent settlement here?

[Nj2016]

hi,

Thanks for your response. Sorry my husband is not a British citizen. I have not received the reason for refusal yet. But i am sure that we haven't fulfil the requirements. just to avoid the overstay we applied this. please let me know what are the options available for me.

[Casa]

If you were unable to submit compelling reasons for remaining in the UK and without strong family ties, your FLR(FP) application was bound to fail. Under what terms did your solicitor believe you would qualify? Preferring the life in the UK won't be sufficient and the HO are getting wise to FLR(FP) applications submitted simply to buy time.
If your husband isn't British, what is his residence status in the UK?

[Nj2016]

He is my dependent

[CR001]

You have virtually no chance as there are no 'compelling' reasons why HO should let you stay. If you cannot extend your Tier 4 further, there is really no other application that you qualify for.

Can your husband not apply or does he not qualify for a Tier 4 or Tier 2 visa?

[Nj2016]

Yes He can apply for tier 4. Will work out on it. Thanks.All universities refused my PhD application just before few days my current visa expired. So we could not find any option that time than apply for this application

[uk71]

Can you please casa / cr001 what you mean by compelling resons. What sort of reasons for exemple.
You never know they might existe but we do not c them as a compelling reasons until some 1 professional like you point them.
Thank you

[noajthan]

Can you please casa / cr001 what you mean by compelling resons. What sort of reasons for exemple.
You never know they might existe but we do not c them as a compelling reasons until some 1 professional like you point them.
Thank you

In this case, OP has legal representation.
Lawyer knows intimate details of case and should have been able to identify any such compelling reasons.

[Casa]

I'm not a legal professional. As noajthan has suggested, the OP's solicitor has the full facts of the case and should be able to advise on 'compelling reasons'.

[Nj2016]

hi guys,

Still I am waiting for HO refusal letter and IHS refund. HO email stated that they have made this decision on 10th May & posted the documents to Solicitor. However still he hasn't received it. My Solicitor’s advice is to apply for JR. What do you think?

I desperately want to qualify before I go home. The reason to do Law in UK is, UK has the similar legal system as we are under British colony. So I chose UK. .I really desperately want to complete my PhD as I knew lots of prospects are available in all over the world and also in my country as there are few PhD holders in Law and I will definitely get a higher rank and higher qualified jobs.

I feel 2012 immigration rule changes made hindering my studies. Due to this Visa changes I could not professionally qualified or academically qualified.

I already wrote to Home Secretary and Prime minister in this regards. But I haven't got any response. So I thought to write to Human right officer regarding my study matter. Does anyone know whom should I write for. Please if you know let me know the email address and postal address please.

[Casa]

This doesn't appear to be a Human Rights issue. Preferring to continue your studies in the UK with your husband as your dependent isn't a 'compelling reason'. Your solicitor should have sufficient legal experience to explain to you that even where the spouse is British or settled with children, this can still fail under Article 8. Your case is even weaker as neither of you have strong family ties to the UK.
It's not surprising in the circumstances that you have received no response from the Home Secretary or the Prime Minister. Teresa May is currently fighting in the Courts to return Afghan translators to Afghanistan, where they face persecution and possibly death. Continuing education will be extremely low on her priority list.

http://www.dailymail.co.uk/news/article ... thrie.html

[noajthan]

hi guys,

Still I am waiting for HO refusal letter and IHS refund. HO email stated that they have made this decision on 10th May & posted the documents to Solicitor. However still he hasn't received it. My Solicitor’s advice is to apply for JR. What do you think?

I desperately want to qualify before I go home. The reason to do Law in UK is, UK has the similar legal system as we are under British colony. So I chose UK. .I really desperately want to complete my PhD as I knew lots of prospects are available in all over the world and also in my country as there are few PhD holders in Law and I will definitely get a higher rank and higher qualified jobs.

...

It's not altogether clear why you didn't focus on completing the LPC earlier rather than taking up the LLM route (post-2012).

A PhD is not necessary in order to practice as a solicitor.
You appear to be well qualified already with LLB & LLM under your belt; there must be localised routes to practice in the other jurisdictions that follow the British model.

You could also explore the various CILEX routes to acquiring professional status.
Either way, once licensed or practising abroad it should be possible to return to the UK in the future under the QLTS scheme.

[Nj2016]

Hi everyone,

My solicitors have not got any refusal letter yet. This is the email I received from HO on 12th May.

"Thank you for your email correspondence of 12 April to the Home Secretary about your immigration case. Your enquiry has been forwarded to Customer Service Operations to reply.

Please be advised that the Home Secretary does not intervene or comment on individual cases.

On 10 May we wrote to your representatives, Solicitors Name removed by moderator, to inform them that your application for Leave to Remain has been refused. Please contact your representatives if you have not yet heard from them. The refusal notice also contains advice about what you should do now.

Yours sincerely

Customer Service Operations
UK Visas and Immigration"

Do I need to reply?

[CR001]

You need to contact your solicitor as the letter says.

[Nj2016]

He asked me to send. What shall I do

[Casa]

He asked me to send. What shall I do

Send what? The letter you've received to your solicitor? Are they claiming that they've had no correspondence from the Home Office regarding the refusal?

[Nj2016]

Yes that's what he said. They haven't received any refusal letter yet. Also I haven't received IHS refund yet. Really confusing. Almost 1 week gone. Don't know what to do.

[Casa]

Well you know that your application has been refused as the HO letter sent to you confirms this. Your solicitor should be dealing with everything, so send him/her the letter you've received and ask them to chase up the missing refusal letter that the HO say has been sent to them.
You can't do anything until the solicitor informs you of the reasons for the application being refused and what the HO are asking you to do now.

[Nj2016]

Thank you.

[favour]

It has probably been sent to the wrong address.
you could call the customer line to confirm the address that it was sent to.
I pray the window for you to appeal won't have ended (if there is any) before you receive it, if not it could make things more complicated.

[Casa]

It has probably been sent to the wrong address.
you could call the customer line to confirm the address that it was sent to.
I pray the window for you to appeal won't have ended (if there is any) before you receive it, if not it could make things more complicated.

This is something the solicitor should do as the correspondence was addressed to them.

[Casa]

It has probably been sent to the wrong address.
you could call the customer line to confirm the address that it was sent to.
I pray the window for you to appeal won't have ended (if there is any) before you receive it, if not it could make things more complicated.

Regarding an appeal, the solicitor should be aware that that Immigration Act 2016 is now law following Royal assent and includes the following:
"Through the Immigration Act 2014, we introduced a ‘deport first, appeal later’ rule for foreign national offenders"
"we will now remove even more illegal immigrants by extending this rule to all immigration appeals including where a so-called right to family life is involved, apart from asylum claims"

[favour]

Agreed Casa, solicitor should do it.
But when such happened to us, our solicitor did not do anything, we only got to the bottom of the fact after writing to the case worker who then sent another copy of the decision letter. We eventually got a copy of the decision letter after the appeal deadline, we lost our job, we had to ask court to accept appeal etc We waited for about 4 months to get our 3c re-instated. Hence my suggestion that Nj2016 should follow it up.

[Casa]

I can see your point. If the solicitor can't be relied on, then there's nothing to be lost by the OP chasing it up with the HO.