FLR(FP) 10 years partner submitted before 39E changed

[paulfish]

Hi,

Application for extention of FLR(FP) made in mid August 2016
Her Previous residency expired on 11/9/2016
Application Rejected because no proper payment made and they returned the whole application on 24/9/16
I have applied for an extension for FLR(FP) 10 years route Partner/Spouse on 29/Sep/2016, with the proper payments.
i.e application was still made within the original 28 Grace period par 39E of allowed overstaying.
Bio-metric letter received 14/10/16 and submitted the same day.

Bottom line.. HO consider the application as made out of time and complex, yet nothing in the circumstances has changed from the previous FLR(FP) 10 years partner ....

Complained, they did not upheld, asked for review they did not upheld and said that she is staying illegally in the UK. With no answer as to when the application would be considered...

My Q:
1- was the application still valid since it was sent within the 28 days grace period of the original Residency permit
2- is the FLR(FP) partner subject to the 8 weeks service standard as the FLR(M)? because in the service standard they mention partner/spouse and they did not specify whether it is FLR(FP) partner/spouse or FRL(M)
3- what are my options in law for a valid legal case

[paulfish]

ok here are some updates:

1- The Application is considered Valid
answers to Q2 is not answered yet anyone could help please?? is the FLR(FP) 10 years route partner is subject to European Convention Human Right that are outside the Immigration rules or not? if not then why the Home office send these letters to say that it has risen an ECHR issue hence outside the Service standard?

that contradicts with the publish standard for Spouse/partner application for 8 weeks...

i.e either the Home office is deluding people by saying that the spouse service standard is 8 weeks (as they don't mention which route in the service standard, just included spouse i.e irrelevant if it is FLR(M) or FLR(FP)) or the home office is just sending these letters randomly as an excuse for delay because of incompetent staff not knowing how to deal with it.. It depends from a person to person, not necessarily all of the home office.. in my case the first submission in 2014 for flr(fp) 10 years route took just 5 week and they did not send a letter stating that this application falls outside the service standard.. so apparently we are at the mercy of individual Immigration staff's mood or competency and that is shameful.

[paulfish]

is the FLR(FP) 10 years route partner is subject to European Convention Human Right that are outside the Immigration rules or not? if not then why the Home office send these letters to say that it has risen an ECHR issue hence outside the Service standard?

that contradicts with the publish standard for Spouse/partner application for 8 weeks...

i.e either the Home office is deluding people by saying that the spouse service standard is 8 weeks (as they don't mention which route in the service standard, just included spouse i.e irrelevant if it is FLR(M) or FLR(FP)) or the home office is just sending these letters randomly as an excuse for delay because of incompetent staff not knowing how to deal with it.. It depends from a person to person, not necessarily all of the home office.. in my case the first submission in 2014 for flr(fp) 10 years route took just 5 week and they did not send a letter stating that this application falls outside the service standard.. so apparently we are at the mercy of individual Immigration staff's mood or competency and that is shameful.

Please note as far i am aware that FRL(FP) 10 years route partner makes use of appendix ex.1 which is part of article 8 ofthe ECHR that are embedded within the UK immigration rules and not outside the immigration rules.

any insight on this issue?

[bathanza]

Hello, a family member was able to extend FLR FP (10 years route) as a partner with no issues using same day service so wasn't subject to the article 8 ECHR or have a delay.

In your case, yes, you should be fine as a qualifying period, perhaps taking longer in the postal route. An extension, I would have thought would have been easier for you as she has a valid visa. Depends on the caseworker I guess. Plus with Brexit, it's probably taking longer to decide now.