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FLR (FP) some suggestions please

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sju
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Some guidance on FLR (M)

Post by sju » Fri Mar 24, 2017 2:31 am

I have a question which I would appreciate some advice on.

My partner is a permanent resident, while I'm on a DES (Doctoral Extension Scheme) leave to remain that expires 27 September 2017.

My plan is to apply for the FLR(M) leave to remain. I am applying on the basis of CAT A (over the 18,600 GBP threshold). Moreover, my wife is in full time education, so I will be using only my income to satisfy the financial requirement.

My question is:

1) I have to show continuous employment for minimum of 6 months with same employer. I will be commencing a 6 months full time contract on 27 March 2017 - which will end on the 22 September 2017. This is five days before my DES leave to remain expires. My salary will be paid on the 14th of every month.
Am I able to apply by the 22 September or before? I am hoping to get an appointment at the Premium Service Centre.

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Casa
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Re: Some guidance on FLR (M)

Post by Casa » Fri Mar 24, 2017 9:41 am

In order to qualify with your income alone you are required to submit evidence that the employment is ongoing with a contract and a letter from your employer confirming this.

6 months earnings relating to a contract which has terminated (or about to terminate) won't be accepted. The Case Worker will want to see that you will continue to earn £18,600 p.a for the forseeable future.

You mention that your wife has permanent residence. Is this ILR under the UK Immigration Rules, or PR as an EEA national?
(Casa, not CR001)
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sju
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FLR (FP) some suggestions please

Post by sju » Sat Oct 21, 2017 4:38 pm

Hi,

I would really appreciate some suggestions about my potential FLR FP application.

I've been in the UK for 9 years plus (TIER 4, PSW and DES) and my wife was granted ILR ( using long residence criteria) last year. We have a child who is 2 years plus and I sent his MN1 application on the 13th of July 2017 under section 1(3), which I am still awaiting a decision from the HO. My Leave to Remain is due to expire on the 31st of this month.I have just finished my PhD and actively looking for a Job.

My questions are:

1. Can I apply for FLR FP partner route?
2. Can I apply using premium service if I am able to secure one?
3. Given the fact that my child's British Citizenship has not yet been decided by the HO can it affect the outcome of my application?
4. My child has an allergy and as a result, we've been seeing a consultant and dietitian for more than a year now and he is experiencing delayed speech, so we are also seeing a speech therapist. My wife cannot leave the UK partly due to this. Can I put these forward as one of the insurmountable obstacles?

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Re: FLR (FP) some suggestions please

Post by CR001 » Sat Oct 21, 2017 4:41 pm

Did you not apply for FLR(M) in March when you posted the question? (topics merged now).
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sju
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Re: FLR (FP) some suggestions please

Post by sju » Sat Oct 21, 2017 5:42 pm

CR001 wrote:
Sat Oct 21, 2017 4:41 pm
Did you not apply for FLR(M) in March when you posted the question? (topics merged now).


Thank you for your response. No, I didn't because my contract finished earlier than anticipated and I got my DES corrected, so my leave was extended until 31st of October 2017.

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Re: FLR (FP) some suggestions please

Post by CR001 » Sat Oct 21, 2017 5:52 pm

1. Can I apply for FLR FP partner route?
You can.
2. Can I apply using premium service if I am able to secure one?
You can apply in person but you might not get a decision on the day.
3. Given the fact that my child's British Citizenship has not yet been decided by the HO can it affect the outcome of my application?
It might. Child is still small (2 years you say) and HO could argue child can adapt in home country. Is the child UK born?
4. My child has an allergy and as a result, we've been seeing a consultant and dietitian for more than a year now and he is experiencing delayed speech, so we are also seeing a speech therapist. My wife cannot leave the UK partly due to this. Can I put these forward as one of the insurmountable obstacles?
You can write about it but HO might not see these as compelling circumstances.
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Re: FLR (FP) some suggestions please

Post by sju » Sat Oct 21, 2017 6:48 pm

Many thanks. Yes, he is British born and he is 2 years 8 months to be precise.

Let's say I send my application by post and write a cover letter to explain that I'll send his certificate and passport once I receive them since I hope to get a decision for his application anytime now or at the very latest before January, will that strengthen my application?

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Re: FLR (FP) some suggestions please

Post by sju » Thu Nov 23, 2017 3:48 pm

Urgent Advise Please

Today, I received two letters from the HO; one of the letters says my application raises issues relating to the European Convention on Human Rights, while the second letter says my application is not yet valid, I have failed to provide my sponsor's passport and I should send it within 10 working days of the date of the letter.

I made my flr (FP) application online and paid the IHS and application fee online. My application was submitted on time before my leave to remain expired. I submitted all the documents that were required on the document checklist including my partner's immigration status (BRP for ILR) and birth certificate and there was nowhere on that list where my partner's passport was required.

My leave to remain has expired now and I would really appreciate if you can answer my following questions:

1) I am a couple of months away from completing the 10 years ILR requirement, will this affect/interrupt that?
2) Will my application still be counted as made on time, if I send the required document?
3) Do I need to write a letter to explain the document they are requesting was not listed in the document checklist that is why I did not send it and challenge their assertion that my application is not yet valid?

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Re: FLR (FP) some suggestions please

Post by CR001 » Thu Nov 23, 2017 4:10 pm

1. No it should not.

2. It is mandatory to submit your partners passport, send it as soon as possible by recorded delivery. See page 51 of the paper form, it is clearly stated as a mandatory document.

https://www.gov.uk/government/uploads/s ... -04-17.pdf

3. Don't argue with HO, send the document.
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.

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Re: FLR (FP) some suggestions please

Post by sju » Thu Nov 23, 2017 4:50 pm

CR001 wrote:
Thu Nov 23, 2017 4:10 pm
1. No it should not.

2. It is mandatory to submit your partners passport, send it as soon as possible by recorded delivery. See page 51 of the paper form, it is clearly stated as a mandatory document.

https://www.gov.uk/government/uploads/s ... -04-17.pdf

3. Don't argue with HO, send the document.
Thank you so much for answering my questions much appreciated

sju
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Re: FLR (FP) some suggestions please

Post by sju » Thu Nov 30, 2017 5:29 pm

I sent my partner's passport via special delivery and it showed it was delivered on Monday. However, my online application status still says 'Reference number not recognised' when I checked. I used both my case ID and IHS number respectively.

Although in the letter the HO sent to me, it only says I failed to provide my sponsor's passport and I should send it within 10 working days of the letter. Do I need to send my child passport, please? I am worried that because I haven't sent my child's passport that might pose a problem. I sent a birth certificate and a certificate of registration as a British citizen for my child when I sent all my documents initially.

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Re: FLR (FP) some suggestions please

Post by bathanza » Thu Nov 30, 2017 7:35 pm

You can call the Home Office to confirm reciept of the correspondence (it will not say they have got your passport but item recieved) sometimes the online checker may not work for some people, removing the 0 in front of the reference helps

As for your child's passport I am sure you're okay, as you've given the BC. But hopefully mods will confirm . If the case worker requires it you'll be notified

This main partner passport was important to validate the application.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

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