Advise Needed please

[hksujan]

To all knowledgeable moderators Casa, geriatrix, John, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, vinny, Obie, EUsmileWEallsmile, batleykhan, sbrennan

***********I''m sharing my long SAD STORY ... I'M BEGGING EVERYONE'S HELP & SUGGESTIONS FOR MYSELF & MY FAMILY. PLEASE HELP ME WITH VALUABLE ADVISE YOU HAVE.*************

I first entered the United Kingdom on 13 October 2004 as a student this visa was valid to 31st of October 2005 and then I made a number of in time renewals as a student. Please note I went back home to got married in 2005. Then we have our first son born in 2006 December. We have our second child born in 2012 December ( UK)

My wife came to this country on second of march 2006 as a student not dependent on me.

One 27 March 2014 I made an application for an extension of leave to remain in the United Kingdom as a student that application was refused by the security of state in a letter dated seventh of May 2014 I received a letter on 15th of May 2014 ,the secretary off state stated that the reason for this vision was that I failed to meet the requirements of paragraph 245ZX (HA) on the immigration rules.as a result I didn't have any right to appeal against that decision.

On third of June 2014 me and my wife and my eldest son made an application for leave to remain on the basis of their protected rights under article 8.this application was made on two separate application forms separating the first claimants which was me from the rest of the family however the applications were submitted in the same envelope and it was requested that the secretary of state considered them together under one set of re-presentation. Please note I made this application within 28 days.

now cut the story short , after had hearing at first tribunal & upper tribunal finally my wife and my eldest son head right to remain in the United Kingdom and we have received a discretionally for my wife and my son middle of September 2016.as my wife were in this country lawfully for 10 years we went to Glasgow and made an application for long residency for ILR and she has got that ILR on 19th of October 2016.we are planning to get our eldest son British citizenship within a week by filling MN1 form.

Meanwhile on the 14th of October my judiciary view where dismissed as well as respected Judge didn't give me any right to appeal to the Court of Appeal even though my wife has got ILR.

Please note I never overstayed in this country and made all the application on time but when I was refused in the first place without any right to appeal eventually that gives a break to my 10 years long residency and I can't apply for ILR!!

Can someone please advise me what would be my best possible way to stay with my family and my children. Should I withdraw the current application and make a fresh application under my wife or my son.

Could you please also let me know whether I can apply under my wife (as a spouse) on same day service under any rule.

Best regards

J

[Casa]

FLR(FP) Partner 10 year route to settlement. I would advise against applying in person.

7. When you can't use the service
(inlcudes) someone whose case is complex because of personal circumstances

[hksujan]

FLR(FP) Partner 10 year route to settlement. I would advise against applying in person.

7. When you can't use the service
(inlcudes) someone whose case is complex because of personal circumstances

Thanks a lot casa, for your valuable advise. It's been going on for last 2 years ... I just can't take it anymore ...Keep praying that Allah never put in my situation.

My elder son who's going to submit his Naturalisation application this monday (through Council checking services ) As I mentioned my Wife got ILR (Through 10 years long residence) 10 days ago. But my wife never worked in UK because she was always on a student Visa. Could you please let me know whether do I have to proof my wife income of £18600 ....We got 3 children together. Life becomes extremely hard & my time's running out. My judicial review was declined just 2 weeks before & I really don't know what to do. I believe FLR(FP) as u suggested me will be the best option. Please let me know whether do we have to show my wife's income or not?

Many thanks in advance
J

[hksujan]

Thanks a lot casa, for your valuable advise. It's been going on for last 2 years ... I just can't take it anymore ...Keep praying that Allah never put in my situation.

My elder son who's going to submit his Naturalisation application this monday (through Council checking services ) As I mentioned my Wife got ILR (Through 10 years long residence) 10 days ago. But my wife never worked in UK because she was always on a student Visa. Could you please let me know whether do I have to proof my wife income of £18600 ....We got 3 children together. Life becomes extremely hard & my time's running out. My judicial review was declined just 2 weeks before & I really don't know what to do. I believe FLR(FP) as u suggested me will be the best option. Please let me know whether do we have to show my wife's income or not?

Many thanks in advance
J

[Casa]

There isn't an income level requirement for FLR(FP) Partner route but you must show that there are insurmountable obstacles to continue family life outside of the UK with that partner.

In other words, convince the Case Worker that you are unable to continue your family life if you have to leave the UK.

[Nzekells]

Do you work, and earn up to that? If yes, I believe you can show the money in your own account as both of you are already resident in the UK. You will be fine anyway as I don't see the need yet for that earning. When your FLR FP becomes successful (ur case is 99.9% likely to succeed), they would still give you an extension of 30 months, at the very least. I stand to be corrected but I believe that when on that, you can then vary ur leave to FLR(M) and then ILR (SET O). Don't think and worry about ILR through Long residency anymore, as ur next qualification time would be in 2024. Luckily, other avenues that you roundly qualify for exist! Good luck, bro.

[hksujan]

******** PLEASE HELP ME AS I NEED YOUR ADVISE *******

I first entered the United Kingdom on 13 October 2004 as a student this visa was valid to 31st of October 2005 and then I made a number of in time renewals as a student. I've completed my MBA from CARDIFF METROPOLITAN University 0on 2013

Please note I went back home to got married in 2005. Then we have our first son born in 2006 December. We have our second child born in 2012 December ( UK) and our third child born on 16th of April 2015.

My wife came to this country on second of march 2006 as a student not dependent on me.

One 27 March 2014 I made an application for an extension of leave to remain in the United Kingdom as a student that application was refused by the security of state in a letter dated seventh of May 2014 I received a letter on 15th of May 2014 ,the secretary off state stated that the reason for this vision was that I failed to meet the requirements of paragraph 245ZX (HA) on the immigration rules.as a result I didn't have any right to appeal against that decision.

On 3rd of June 2014 me and my wife and my eldest son made an application for leave to remain on the basis of their protected rights under article 8.this application was made on two separate application forms separating the first claimants which was me from the rest of the family however the applications were submitted in the same envelope and it was requested that the secretary of state considered them together under one set of re-presentation. Please note I made this application within 28 days.

now cut the story short , after had hearing at first tier tribunal & upper tribunal finally my wife and my eldest son had right to remain in the United Kingdom and they have received a discretionally leave to remain for 30 months and as my wife were in this country lawfully for 10 years we went to Glasgow and made an application for long residency for ILR and she has got that ILR on 19th of October 2016.

Within a week , we made applications for British citizenship for our eldest Son Adiyat and on 12th of January Secretary of State has issued British citizenship and passport for my eldest son.

Meanwhile on the 14th of October my judiciary view where dismissed as well as respected Judge didn't give me any right to appeal to the Court of Appeal even though my wife has got ILR. I was granted a further date till 31st of January 2016 to submit my bundle to the civil office.

Please note, I never overstayed in this country and made all the application on time but when I was refused in the first place without any right to appeal eventually that gives a break to my 10 years long residency and I can't apply for ILR !

I want to know what would be my best option at the moment to stay with my family in U.K.


Best regards

Kabir

[vinny]

Posts split and merged.

Please don't hijack someone else's unrelated topic. Do continue in this thread.

[vinny]

See also British child.

[Obie]

OP is saying he entered in 2004, and has never overstayed, then why has he not applied for Long Residence aswell?

[jthek]

Dear Vinny,

My younger brother was trying to help me. Actually it is my scenario. He hasn't hijacked anyone's story. As I couldn't logged in due to username error.

Can you please help us.

Best regards
Postby hksujan » Fri Jan 20, 2017 12:11 am

******** PLEASE HELP ME AS I NEED YOUR ADVISE *******

I first entered the United Kingdom on 13 October 2004 as a student this visa was valid to 31st of October 2005 and then I made a number of in time renewals as a student. I've completed my MBA from CARDIFF METROPOLITAN University 0on 2013

Please note I went back home to got married in 2005. Then we have our first son born in 2006 December. We have our second child born in 2012 December ( UK) and our third child born on 16th of April 2015.

My wife came to this country on second of march 2006 as a student not dependent on me.

One 27 March 2014 I made an application for an extension of leave to remain in the United Kingdom as a student that application was refused by the security of state in a letter dated seventh of May 2014 I received a letter on 15th of May 2014 ,the secretary off state stated that the reason for this vision was that I failed to meet the requirements of paragraph 245ZX (HA) on the immigration rules.as a result I didn't have any right to appeal against that decision.

On 3rd of June 2014 me and my wife and my eldest son made an application for leave to remain on the basis of their protected rights under article 8.this application was made on two separate application forms separating the first claimants which was me from the rest of the family however the applications were submitted in the same envelope and it was requested that the secretary of state considered them together under one set of re-presentation. Please note I made this application within 28 days.

now cut the story short , after had hearing at first tier tribunal & upper tribunal finally my wife and my eldest son had right to remain in the United Kingdom and they have received a discretionally leave to remain for 30 months and as my wife were in this country lawfully for 10 years we went to Glasgow and made an application for long residency for ILR and she has got that ILR on 19th of October 2016.

Within a week , we made applications for British citizenship for our eldest Son Adiyat and on 12th of January Secretary of State has issued British citizenship and passport for my eldest son.

Meanwhile on the 14th of October my judiciary view where dismissed as well as respected Judge didn't give me any right to appeal to the Court of Appeal even though my wife has got ILR. I was granted a further date till 31st of January 2016 to submit my bundle to the civil office.

Please note, I never overstayed in this country and made all the application on time but when I was refused in the first place without any right to appeal eventually that gives a break to my 10 years long residency and I can't apply for ILR !

I want to know what would be my best option at the moment to stay with my family in U.K.


Best regards

Kabir
Top

[vinny]

It may be helpful if you elaborate more on the details your refused applications. What were the applications? Also, why you didn't get a right of appeal? Why did the JR fail? If you have legal representatives, then what are they advising you to do?

It seems strange that your wife, who came after you, succeeded and you kept on failing. Perhaps you made the wrong type of applications? What application form did you use when you applied with your wife in the same envelope?

Casa's advice seems to be the best option. Have you tried that before?

[jthek]

Hi Vinny,

Thank you very much for your prompt reply. The story begins here On 27th of March 2014 I applied under tier 4 a general student but apparently I had failed to meet section 245ZX(HA) even though I've achieved 40 points as required, and therefore I didn't have any right to appeal. On that time my barrister told me I don't have any leg to stand because they did not give me any right to appeal and that's kills all the possible route to 10 years ( ILR ) it was only 5 months !!

I had Barrister from XXXXX and they have advised me to apply for a fresh application under 7 years route ( child born in U.K. ) as my eldest child was seven years plus on that time. And the rest of the history was That initially Home Office rejected our application that's including all the family members ,however as my wife had an extended leave till October 2014 ( she was also student on her visa ) therefore she had right to appeal and we didn't have that.

After A long battler at first tier tribunal and Upper tier tribunal finally my wife and my eldest son got the Visa and as we speak my wife currently has indefinite leave to remain and my son has became British citizen on 14th of January 2017 and please note 2 of my other child are also eligible to become British citizen as my wife got indefinite leave to remain.

Even on last Friday on 19th of January 2017 I met a new barrister and I was advised to make a fresh application under EX1 that could be 10 years parental route and I'm also eligible for 10 years family and private route.

As I have stated on my previous letter that I lost on JR and I didn't have the right to appeal to appeal to the Court of appeal. Since then I made a fresh application to the court of appeal and for the right of appeal and always given 31st of January 2017 to prepare and submit my court bundle. But since 14th of January 2014 few vital elements has changed as I have stated that my eldest son already octane a British passport therefore I'm thinking to make a fresh Application under if filler FP (EX1 or EX 2) I was also advised that I need to withdraw
my current application from Court of Appeal and once again I my time line ends on 31st of January 2017.

My intention are , go to premium service at the end of the month and make a fresh application under FLR (FP) as I've been hanging for the last 2 1/2 years like this and I can't take this any more therefore I decided to go to the premium service, what do you suggest and what sort of paper I need to submit over there. By the way if I would draw my current application from court of appeal will I be a overstayer ? Or is there any chance I could be detained in the premium service?

I look forward to hearing from you soon and once again thank you very much in advance for your kind assistance in regards this issue.

Yours sincerely
JtheK

[jthek]

FLR(FP) Partner 10 year route to settlement. I would advise against applying in person.

7. When you can't use the service
(inlcudes) someone whose case is complex because of personal circumstances

Dear CASA,

My son has got British passport should I apply under EX 1 ?
Pls advise

[Casa]

You can't apply under the FLR(FP) Parent route as it appears from your posts that you are living with your child's mother.

[jthek]

Dear CASA,

Thank you once again.

So, you are advising on 10 year partner route and just wonder "private life in the UK ( 10 year route ) is it another option for me or not ?

And can you please kindly advise why it wouldn't wise to apply under British Child route !! Not to mention they never a spent a day without me. ?

I would really appreciate your valuable time.

Best regards

Jthek

[Casa]

You can't apply under the FLR(FP) Parent route as it appears from your posts that you are living with your child's mother.

This is ONLY for parents who are living apart but sharing in the child's upbringing.

[CR001]

Kindly refrain from posting company names of solicitors etc.

[jthek]

Once again Thank you CASA for explain why can't you use parental route. Cheers !!

CR001. Sorry. I won't do it again.

Best regards

JtheK

[vinny]

Once again Thank you CASA for explain why can't you use parental route. Cheers !!

You can't apply under the FLR(FP) Parent route as it appears from your posts that you are living with your child's mother.

This is ONLY for parents who are living apart but sharing in the child's upbringing.

[jthek]

Dear Vinny and casa,

Thank you very much for your valuable advise.

Now, should I withdraw my current application from court of appeal ( as I have stated that,I lost my JR on 14th of October and I wasn't given permission to appeal to the court of AppeaL) On 1st of November I served appeal notice to have rights to appeal to the court of Appeal.
Civil office at court of appeal permitted me to submit my court bundle until 31st of January 2017.

I Trust, that FLR FP partner route would be my best option and which I am going to apply on to leave to remain. now, the question is should I withdraw my current application ( last date to submit my court bundle on 31st of January) ?

I have also decided to apply in person at premium service along with my whole family ( didn't see mother for 9 years and she is not well !!) beginning of February 2017, I believe at least I don't have to wait 6 months to years !! if case worker wants to take a week or more I don't mind!

please advise, I looking forward to hear from you soon.

Best regards

[jthek]

FLR(FP) Partner 10 year route to settlement. I would advise against applying in person.

7. When you can't use the service
(inlcudes) someone whose case is complex because of personal circumstances

Postby jthek » Wed Jan 25, 2017 8:48 pm

Dear Vinny and casa,

Thank you very much for your valuable advise.

Now, should I withdraw my current application from court of appeal ( as I have stated that,I lost my JR on 14th of October and I wasn't given permission to appeal to the court of AppeaL) On 1st of November I served appeal notice to have rights to appeal to the court of Appeal.
Civil office at court of appeal permitted me to submit my court bundle until 31st of January 2017.

I Trust, that FLR FP partner route would be my best option and which I am going to apply on to leave to remain. now, the question is should I withdraw my current application ( last date to submit my court bundle on 31st of January) ?

I have also decided to apply in person at premium service along with my whole family ( didn't see mother for 9 years and she is not well !!) beginning of February 2017, I believe at least I don't have to wait 6 months to years !! if case worker wants to take a week or more I don't mind!

please advise, I looking forward to hear from you soon.

Best regards

[jthek]

It may be helpful if you elaborate more on the details your refused applications. What were the applications? Also, why you didn't get a right of appeal? Why did the JR fail? If you have legal representatives, then what are they advising you to do?

It seems strange that your wife, who came after you, succeeded and you kept on failing. Perhaps you made the wrong type of applications? What application form did you use when you applied with your wife in the same envelope?

Casa's advice seems to be the best option. Have you tried that before?

Postby jthek » Wed Jan 25, 2017 8:48 pm

Dear Vinny and casa,

Thank you very much for your valuable advise.

Now, should I withdraw my current application from court of appeal ( as I have stated that,I lost my JR on 14th of October and I wasn't given permission to appeal to the court of AppeaL) On 1st of November I served appeal notice to have rights to appeal to the court of Appeal.
Civil office at court of appeal permitted me to submit my court bundle until 31st of January 2017.

I Trust, that FLR FP partner route would be my best option and which I am going to apply on to leave to remain. now, the question is should I withdraw my current application ( last date to submit my court bundle on 31st of January) ?

I have also decided to apply in person at premium service along with my whole family ( didn't see mother for 9 years and she is not well !!) beginning of February 2017, I believe at least I don't have to wait 6 months to years !! if case worker wants to take a week or more I don't mind!

please advise, I looking forward to hear from you soon.

Best regards