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FLR (LR) need help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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jackylau2046
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FLR (LR) need help

Post by jackylau2046 » Sun Aug 07, 2016 9:23 pm

Hi everyone,

I am currently applying for a FLR (LR) application, I have sent the application by post on the 5th of June and the Home Office have taken my application fee on the 8th of June. Then I have received a letter saying "You have requested leave to remain outside the Immigration Rules which are complex in nature..." on the 15th of July. I haven't got any news from the HO since then.

I have been calling them and ask but all they can tell is the application is still on progress. It has now been more than 8 weeks but I am still waiting for the biometric enrollment letter. Does anyone encounter a similar situation? I am panic because I have now moved out of the original address that I sent my application from, due to the end of the rent contract, and I could not update the address online because I have sent the passport and BRP to the HO along with the application. Therefore I have to keep contacting my old landlord and ask him to look for the biometric enrollment letter for me. But just today I have got the message from him saying there is still no letter for me at the apartment.

Thank you for reading this and I am really looking forward to any reply.

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CR001
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Re: FLR (LR) need help

Post by CR001 » Sun Aug 07, 2016 9:36 pm

Why have you applied for FLR(LR)?

Why did you not do a Royal Mail post redirection to your new address?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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Casa
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Re: FLR (LR) need help

Post by Casa » Sun Aug 07, 2016 9:42 pm

Any application which falls outside of the Immigration Rules is likely to take a considerable time to decide. Without any background on your FLR(LR) application it's impossible to give any advise.

Edit: Beaten by CR001
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jackylau2046
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Re: FLR (LR) need help

Post by jackylau2046 » Sun Aug 07, 2016 11:35 pm

CR001 wrote:Why have you applied for FLR(LR)?

Why did you not do a Royal Mail post redirection to your new address?

Thank you for your reply, I did not know about the Royal Mail post redirection, thank you so much for telling me, it is very helpful.

I am a student who came to study in the UK in 2008. It has been 8 years and I am going to graduate this year. My current Tier 4 student visa is going to expire in September. Therefore I thought I should apply the FLR (LR) to extend my visa for two extra years, which then will grant me 10 years of legal stay to apply for the SET (LR).

monty87
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Re: FLR (LR) need help

Post by monty87 » Sun Aug 07, 2016 11:57 pm

jackylau2046 wrote: I am a student who came to study in the UK in 2008. It has been 8 years and I am going to graduate this year. My current Tier 4 student visa is going to expire in September. Therefore I thought I should apply the FLR (LR) to extend my visa for two extra years, which then will grant me 10 years of legal stay to apply for the SET (LR).

You can only apply for FLR(LR) if you have already spent 10 years.

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Casa
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Re: FLR (LR) need help

Post by Casa » Mon Aug 08, 2016 8:45 am

monty87 wrote:
jackylau2046 wrote: I am a student who came to study in the UK in 2008. It has been 8 years and I am going to graduate this year. My current Tier 4 student visa is going to expire in September. Therefore I thought I should apply the FLR (LR) to extend my visa for two extra years, which then will grant me 10 years of legal stay to apply for the SET (LR).

You can only apply for FLR(LR) if you have already spent 10 years.
Exactly. FLR(LR) is for those who have completed 10 years of legal residence but don't meet all of the conditions, e.g KOLL. This application doesn't buy you time for a shortfall in the 10 year period.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

physicskate
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Re: FLR (LR) need help

Post by physicskate » Mon Aug 08, 2016 4:27 pm

Casa wrote:
monty87 wrote:
jackylau2046 wrote: I am a student who came to study in the UK in 2008. It has been 8 years and I am going to graduate this year. My current Tier 4 student visa is going to expire in September. Therefore I thought I should apply the FLR (LR) to extend my visa for two extra years, which then will grant me 10 years of legal stay to apply for the SET (LR).

You can only apply for FLR(LR) if you have already spent 10 years.
Exactly. FLR(LR) is for those who have completed 10 years of legal residence but don't meet all of the conditions, e.g KOLL. This application doesn't buy you time for a shortfall in the 10 year period.

Though, ironically, it is currently buying time for this applicant....

Agreed with previous posters. This application will be rejected correctly and this is a time-wasting application.

jackylau2046
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Re: FLR (LR) need help

Post by jackylau2046 » Mon Aug 15, 2016 11:53 am

You can only apply for FLR(LR) if you have already spent 10 years.[/quote]

Exactly. FLR(LR) is for those who have completed 10 years of legal residence but don't meet all of the conditions, e.g KOLL. This application doesn't buy you time for a shortfall in the 10 year period.[/quote]


Though, ironically, it is currently buying time for this applicant....

Agreed with previous posters. This application will be rejected correctly and this is a time-wasting application.[/quote]


I think I have misunderstood what it says on the gov.uk 'Settle in the UK' overview page...

1. Overview
You can apply to settle in the UK if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’).
Exceptions
You may be able to extend your stay for another 2 years (known as ‘leave to remain’) even if you don’t meet all the eligibility requirements.

I thought what it means is that if I have got 8 years of legal stay, I can apply for a visa extend for another 2 years and meet the required 10 years. Seemingly I have made a really big mistake for apply the application, I should have asked for help before I sent it.

I have just called the enquiry line and ask about the status of my case, and the lady said my case is still in progress and they have not sent me any biometric letter yet at this point. It has been more than 2 months now.

So for now, if the application is a 100% fail, when will they actually reject the application and send me back the documents? I am stuck in the country without my passport and my original visa is going to expire in September...I am currently staying at a temporary accommodation due to this case is going out of plan and I really need my documents back asap. Should I cancel the application myself in hope to get the documents back earlier?

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