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FLR(FP) and working illegally

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r_reid1988
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FLR(FP) and working illegally

Post by r_reid1988 » Thu May 26, 2016 9:39 am

Timeline for my husband's application...

US Citizen, Student in the UK for 6 years, was married to British lifelong citizen during 6th year of stay now looking to stay together in UK.

FLR RP App received by HO: 19/05/2016
Fee/Payment for App taken by HO: 25/05/2016

awaiting the rest...

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CR001
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by CR001 » Thu May 26, 2016 9:42 am

r_reid1988 wrote:Timeline for my husband's application...

US Citizen, Student in the UK for 6 years, was married to British lifelong citizen during 6th year of stay now looking to stay together in UK.

FLR RP App received by HO: 19/05/2016
Fee/Payment for App taken by HO: 25/05/2016

awaiting the rest...
Why did he not apply for FLR(M) as your spouse? Does he currently have a valid visa?
Char (CR001 not Casa)
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r_reid1988
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by r_reid1988 » Thu May 26, 2016 10:18 am

CR001 wrote:
r_reid1988 wrote:Timeline for my husband's application...

US Citizen, Student in the UK for 6 years, was married to British lifelong citizen during 6th year of stay now looking to stay together in UK.

FLR RP App received by HO: 19/05/2016
Fee/Payment for App taken by HO: 25/05/2016

awaiting the rest...
Why did he not apply for FLR(M) as your spouse? Does he currently have a valid visa?
We applied last year with the Home Office when he still had his student visa. HO gave us the wrong App to complete, and did not tell us until the 6 months mark when they rejected it. We could not appeal this as they sent us it 6 weeks later than when the letter was dated, meaning we were past the time line.

We then dealt with lawyers who messed us about and cost us a fortune and wasted our time.

Finally we have new lawyers, and by now his visa had run out and was considered an over stayer. So this has become our only option. And because he has no "status" currently, we couldn't even apply for the one day decision, which we could afford. It's been such a mess.

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CR001
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by CR001 » Thu May 26, 2016 10:33 am

r_reid1988 wrote:
CR001 wrote:
r_reid1988 wrote:Timeline for my husband's application...

US Citizen, Student in the UK for 6 years, was married to British lifelong citizen during 6th year of stay now looking to stay together in UK.

FLR RP App received by HO: 19/05/2016
Fee/Payment for App taken by HO: 25/05/2016

awaiting the rest...
Why did he not apply for FLR(M) as your spouse? Does he currently have a valid visa?
We applied last year with the Home Office when he still had his student visa. HO gave us the wrong App to complete, and did not tell us until the 6 months mark when they rejected it. We could not appeal this as they sent us it 6 weeks later than when the letter was dated, meaning we were past the time line.

We then dealt with lawyers who messed us about and cost us a fortune and wasted our time.

Finally we have new lawyers, and by now his visa had run out and was considered an over stayer. So this has become our only option. And because he has no "status" currently, we couldn't even apply for the one day decision, which we could afford. It's been such a mess.
Yes, your previous posts indicate you applied under the EU rules, which is not relevant to you.

I hope he is not working if he has no legal status.
Char (CR001 not Casa)
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r_reid1988
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by r_reid1988 » Thu May 26, 2016 10:50 am

CR001 wrote: Yes, your previous posts indicate you applied under the EU rules, which is not relevant to you.

I hope he is not working if he has no legal status.
He does work as he was working before his Visa ended, and then was also granted the right to work during the EU app we did, and at the end of that my work made us all redundant so we had to rely on his wages to keep our home, I am now back in work, but the application does request information regarding his employment how much he earns etc etc.

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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by CR001 » Thu May 26, 2016 11:14 am

r_reid1988 wrote:
CR001 wrote: Yes, your previous posts indicate you applied under the EU rules, which is not relevant to you.

I hope he is not working if he has no legal status.
He does work as he was working before his Visa ended, and then was also granted the right to work during the EU app we did, and at the end of that my work made us all redundant so we had to rely on his wages to keep our home, I am now back in work, but the application does request information regarding his employment how much he earns etc etc.
If he has no valid leave and is an overstayer, he likely does not have the right to work. When did his student visa expire? When did he get the refusal for the EU application?
Char (CR001 not Casa)
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by r_reid1988 » Thu May 26, 2016 11:35 am

CR001 wrote:
r_reid1988 wrote:
CR001 wrote: Yes, your previous posts indicate you applied under the EU rules, which is not relevant to you.

I hope he is not working if he has no legal status.
He does work as he was working before his Visa ended, and then was also granted the right to work during the EU app we did, and at the end of that my work made us all redundant so we had to rely on his wages to keep our home, I am now back in work, but the application does request information regarding his employment how much he earns etc etc.
If he has no valid leave and is an overstayer, he likely does not have the right to work. When did his student visa expire? When did he get the refusal for the EU application?
Visa expired November 2015, EU refusal was January. We started with the new lawyers in Jan, they messed us around, started with these new ones in March, granted they took their damn time too, but at least application is in etc.

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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by CR001 » Thu May 26, 2016 12:37 pm

r_reid1988 wrote:Visa expired November 2015, EU refusal was January. We started with the new lawyers in Jan, they messed us around, started with these new ones in March, granted they took their damn time too, but at least application is in etc.
So he is working with out the right to work. This could be a problem for him as between Jan refusal and May FLR(FP) he had no application with HO and no leave or right to work, which he still doesn't have until such time as he is granted a visa.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

r_reid1988
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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by r_reid1988 » Thu May 26, 2016 12:53 pm

CR001 wrote:
r_reid1988 wrote:Visa expired November 2015, EU refusal was January. We started with the new lawyers in Jan, they messed us around, started with these new ones in March, granted they took their damn time too, but at least application is in etc.
So he is working with out the right to work. This could be a problem for him as between Jan refusal and May FLR(FP) he had no application with HO and no leave or right to work, which he still doesn't have until such time as he is granted a visa.
Yeah we are aware that it's not the greatest position to be in with the application, but I'm afraid financially we really had no choice. The lawyer has written a letter with the app to cover everything we went through (what I've given you is a basic breakdown, there was a lot more to it which i don't want to go into on a forum of people I don't know) and explained obviously the fact they wouldn't allow us to appeal even though they send us the rejection so late after the decision date that we couldn't even appeal, then the mess with the previous lawyers etc etc.

At this point there is nothing we can do or change, we just need to wait for the outcome and hope that it is positive. Our first year of marriage and it's been a continual nightmare with this stuff.

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Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by CR001 » Thu May 26, 2016 12:58 pm

r_reid1988 wrote:
CR001 wrote:
r_reid1988 wrote:Visa expired November 2015, EU refusal was January. We started with the new lawyers in Jan, they messed us around, started with these new ones in March, granted they took their damn time too, but at least application is in etc.
So he is working with out the right to work. This could be a problem for him as between Jan refusal and May FLR(FP) he had no application with HO and no leave or right to work, which he still doesn't have until such time as he is granted a visa.
Yeah we are aware that it's not the greatest position to be in with the application, but I'm afraid financially we really had no choice. The lawyer has written a letter with the app to cover everything we went through (what I've given you is a basic breakdown, there was a lot more to it which i don't want to go into on a forum of people I don't know) and explained obviously the fact they wouldn't allow us to appeal even though they send us the rejection so late after the decision date that we couldn't even appeal, then the mess with the previous lawyers etc etc.

At this point there is nothing we can do or change, we just need to wait for the outcome and hope that it is positive. Our first year of marriage and it's been a continual nightmare with this stuff.
His working illegally will have an impact on any British citizenship application he wishes to make. His employer is also at risk of a substantial fine. There have been recent changes and I think it now a criminal offence and HO can seize any money from working illegally. Will dig out the reference link.
Char (CR001 not Casa)
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noajthan
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Re: FLR(FP) and working illegaly

Post by noajthan » Thu May 26, 2016 1:06 pm

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: FLR(FP) and working illegaly

Post by CR001 » Thu May 26, 2016 1:20 pm

See this topic, link below, on the changes.

http://www.immigrationboards.com/immigr ... l#p1349351
Char (CR001 not Casa)
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