FLR(FP) Application Falls outside HO Normal Service Standard

[aliii]

Hi,
I varied my Teir 1 Ent application to SET (LR) 2 weeks ago (on the basis of 10 years LR). Also I varied my spouse Dependant Teir 1 Ent application to FLR(FP) at same time (Biometrics were given prior to variation for old applications).
However, my spouse received a letter regarding her FLR(FP) application stating
" your application raises issues relating to the European Convention on Human Rights which are complex in nature. As such, it falls outside our normal service standards for deciding leave to remain applications. Please be assured that we will make a decision on your case as quickly as possible."
Can anyone please update me regarding this letter. Is it a normal reply from HO?

Regards,

P.S. I am still waiting for the acknowledgement from HO regarding my SET(LR) Application.

[Casa]

It's fairly standard for a FLR(FP) application. Under what circumstances has your wife applied for FLR(FP)?

[aliii]

It's fairly standard for a FLR(FP) application. Under what circumstances has your wife applied for FLR(FP)?

She was my Teir 1 (Ent) dependant and I applied for my tier 1 ent extension along with my dependant. This month I qualified for LR route so I varied my application to SET(LR). At the same time I had to apply/vary her application as well so instead of FLR(M) I made FLR(FP) application (on basis Spouse of partner/10 years).

[Casa]

FLR(FP) is applies to the spouse or unmarried partner who is unable to meet the FLR(M) requirements but who may qualify for an Exception under Appendix FM of the Immigration Rules.
For example if you are unable to meet the Financial income level but there are “insurmountable circumstances” which would prevent you from living outside of the UK. A FLR(FP) application is likely to take a considerable time to process as it will be decided on your individual circumstances and there is no guarantee it will be approved. Do you realise that if the visa is granted, it will be a further 10 years before your wife qualifies for ILR?

[aliii]

FLR(FP) is applies to the spouse or unmarried partner who is unable to meet the FLR(M) requirements but who may qualify for an Exception under Appendix FM of the Immigration Rules.
For example if you are unable to meet the Financial income level but there are “insurmountable circumstances” which would prevent you from living outside of the UK. A FLR(FP) application is likely to take a considerable time to process as it will be decided on your individual circumstances and there is no guarantee it will be approved. Do you realise that if the visa is granted, it will be a further 10 years before your wife qualifies for ILR?

Will she receive a biometric enrolment letter or not? As HO said they will try to make decesion on her application quickly in acknowledgement letter but we are not sure about the biometric enrolment.

[CR001]

Will she receive a biometric enrolment letter or not? As HO said they will try to make decesion on her application quickly in acknowledgement letter but we are not sure about the biometric enrolment.

Biometrics MUST be enrolled with EACH application submitted. It has no bearing on whether an application will be approved or refused.

[Casa]

Also note that the letter doesn't actually say the HO will 'try to make a decision quickly', but 'as quickly as possible'. In other words, as soon as they are able. There is a subtle difference.

[aliii]

Also note that the letter doesn't actually say the HO will 'try to make a decision quickly', but 'as quickly as possible'. In other words, as soon as they are able. There is a subtle difference.

Hi Casa,
Many thanks for your reply. Now, she got the Case ID, do you think that she can request her passport for the purpose of ID for English Language by applying "requesting Documenting" on website and once English Language Test is done she can vary her application?
Regards