FLR FP refused

[AlexWN]

We had a phone call this afternoon from the Home Office "Croydon" asking if I would like to make an Asylum application. I said I would speak to my solicitor who's dealing my pending application. She gave me the phone number to call if I decided to apply for it. I rang my solicitor and he haven't got a clue at all he just said that it could be because they think my application meets the asylum criteria. But why would they asked me to apply for Asylum Claim if I already had an application?Is this normal? Does it mean my Flr FP application will be refused?


History
Overstayer since 2013 after civil partnership broke down(first partner), met my new partner back 2013 and been living together for more than 4 years now,

2014 applied for civil partnership dissolution and got the approval one year after(2015)

Timeline
24/09/16 -application sent for FLR FP unmarried same sex partner
19/10/16 - Biometric and Acknowledgment letter received. Dated 13/10/16
19/10/16 -Biometric done
Application status "awaiting decision " since April 11 with IHS number then "awaiting decision" with Royal Mail reference since April 21 .Not until 2 weeks ago the Royal Mail reference number all of a sudden can't recognised.

[AlexWN]

Anyone can give me some advice/answers? Many Thanks

[CR001]

Without knowing any of the full details of your case and history, I don't think anyone on the forum, who are all strangers, can offer advice other than guessing.

Your solicitor is probably best placed to advise you as that is what you are paying for and they will know you whole case.

[AlexWN]

2009- came in the uk as a Student
2010- met my first british partner
2011- got married( civil partnership) got my Flr(m) for 2.5 years
2012- civil partnership broke down, he left home and didn't returned, never heard from him since
2013- officially overstayer but was illegally working with my old job. No criminal records aside from being overstayer,
April 2013- met my new british partner, he moved in with me in August 2013.
2014- I applied for dissolution of civil partnership
2015- dissolution approved
2016- moved in to the new house with my partner sharing with a friend( girl bestie) but my name is not on tenancy agreement, the fact that I'm an overstayer.
2016 July - stopped working
2016 September- applied for FLR FP same sex partner
2017- still awaiting decision, and yesterday afternoon when I received that strange call from the home office Croydon asking if I would like to apply for Asylum, it was a weird phone call, she didn't introduced her name or whatsoever, she was claiming that she's been told by the home office sheffield to give me a call and ask if I'm willing to apply for asylum but other than that she didn't say anything else. But she knew what month and year I applied for my Flr fp. I asked her for any details regarding my current application and she won't give me anything, that it's got nothing to do with her. I'm a bit worried now that they will refused my FLR FP application that why they were trying to pursuade me to apply for Asylum.

Summary of what I submitted
*cover letter (written from me and my partner)
*confirmation of IHS payment
*FLR FP same sex partner form
*2 passport photos of me, and one of my partner
*My current and expired passport, partner'd&g current passport
*Certificate of Entitlement to a Dissolution Order
*Old/expired biometric card

Evidence of Cohabitation
* covers 2 years period up to application month September 2014- September 2016
Various items of official- some joint name and some individually addressed to each of us.
4x joint name( savings account,council tax, water bill, electric bill( confirmation letter from the company but spelt my name wrong)
HMRC, bank statements/letters, hospital appointment letters, phone bills , voter registration, council letters, specsaver's appointment letter, debt collectors/bill letters,tv license, nHs letters, etc etc... We've moved to a new house with a friend last year, my name is not on Tenancy agreement as per our solicitor they will do some right to rent checks.

Additional Evidence
* greeting cards(4 years of birthdays, valentines, christmas etc)
*photographs (about 30 of them I know it was a lot., with friends and families)
*facebook screenshots
*whatsapp, Facebook and phone messages
*evidence of obstacles continuing outside the UK( I originally from Philippines, same sex relationship is not officially recognised, with limited rights, my partner can't apply for any form of visa, etc etc etc)

Evidence of Financial Requirements
*Payslips for the 6 months preceding application date
* 6 months of Bank Statements showing of payslips deposited into account
*letter from employer
*P60 (2015 and 2016)
* above minimum income requirement- £21,+++

[AlexWN]

We did actually asked our solicitor regarding the phone call but he can't give us an answer. He never heard something like that before. We are absolutely clueless what's going on. We escalated out case 2 months ago but they never get back to my solicitor.

[Nevergiveup1]

Repost
*evidence of obstacles continuing outside the UK( I originally from Philippines, same sex relationship is not officially recognised, with limited rights, my partner can't apply for any form of visa, etc etc etc)
...............................................


Above is the reason why they offer you asylum its sign that ur case is a bit difficult for them to come to decision, they dont want to make a wrong decision thats why they contacted you to offer other alternative. dont get worried too much yet just wait for their decision or ask ur solicitor to adress a letter to them for more clarification it.

[AlexWN]

Repost
*evidence of obstacles continuing outside the UK( I originally from Philippines, same sex relationship is not officially recognised, with limited rights, my partner can't apply for any form of visa, etc etc etc)
...............................................


Above is the reason why they offer you asylum its sign that ur case is a bit difficult for them to come to decision, they dont want to make a wrong decision thats why they contacted you to offer other alternative. dont get worried too much yet just wait for their decision or ask ur solicitor to adress a letter to them for more clarification it.

My solicitor wasn't really sure. There are two possible scenario.

1. If I apply it can strengthen my FLR FP application

2. If I apply they it will give the home Office a reason to refuse my FLR FP and detain me.


I don't know what to do now.

[AlexWN]

Unfortunately my FLR FP same sex partner application has been refused after nearly 14months of waiting.

Reason: "You have a genuine and subsisting relationship with your British partner. We note the points you have raised in your application, including your claim that your relationship with your partner cannot continue in the Philippines due to same sex relationship not being recognised. However, being in a same sex relationship is not legal in the Philippines. Therefore it is accepted that your family life with your British partner can continue there"

But the Home Office don't understand, yes it same sex relation is legal, but WITH LIMITED RIGHTS.


Given 14 days to appeal, any advice what to do next?

[AlexWN]

supporting documents were returned except my passport.

I don't really know what to do.

[AlexWN]

I spoke to my solicitor and appeal is not his specialty, so my partner and I decided not to use him again, we are back to zero.

Anyone can give advice and help?

Is it worth appealing this?

[AlexWN]

I've given an appeal date which is in May 2018

However,

I received a letter today and I was asked to report to an immigration official at Eaton House, Hounslow every once a month.

According to description, Eaton House is a reporting centre for Asylum Seeker I wasn't seeking for asylum though.

Can they send me home or detain me despite appealing my case?

What is the worst that can happen if I go there?

[Tamandua]

Can they send me home or detain me despite appealing my case?

What is the worst that can happen if I go there?

They can detain you if your appeal is unsuccessful. However, they will give you the chance to leave the country voluntarily. You might be able to apply from your home country. Just because you didn't qualify for FLR(FP) doesn't mean your settlement visa will be refused.

[Obie]

If you cannot lawfully and freely exercise your right as a same sex couple in the Philippines, then it cannot be said, that you could move there.

[AlexWN]

If you cannot lawfully and freely exercise your right as a same sex couple in the Philippines, then it cannot be said, that you could move there.

Thanks Obie and Tamandua

My follow up question can I be detained before my appeal date? Can I be detained at any of my reporting dates?

My furst reporting date is in 2 weeks

[AlexWN]

In the letter it says:

NOTIFICATION OF GRANT/VARATION OF IMMIGRATION BAIL TO A PERSON DETAINE OR LIABLE TO BE DETAINED.

This notice is given to you because you are being granted immigration bail.

The Secretary of State may grant immigration bail to a person who is detained, or who is liable to be detained. The following reason applies to you.

*You are liable to be detained because you are a person without leave who has been served with a notice of liability to removal or are dependent of such a person.

You must report to an immigration official at Eaton Housr 581 Staines Road Hounslow TW4 5DL every 4 weeks.

Although you may have been granted immigration bail, you remain liable to be detained.

Any thought?

[Tamandua]

I don't know. Maybe you were supposed to be detained but you were not?

People who had their FLR(FP) application refused were being detained --like me. The judge released me with citation to art 8 of the ECHR. I'm sure others have been ,..released on the same grounds. Maybe they aren't detaining spouses or parents anymore, but because you have no valid leave you remain liable to be detained?

It's hard to say. They keep changing their protocol. In December 2016 (when I got my first refusal), in-country appeals for family members were curtailed. Many people got a 'clearly unfounded' certification. However, I've now seen lots of spouses being granted in-country appeals.

Home Office and the incoherence of their policy.

[AlexWN]

I don't know. Maybe you were supposed to be detained but you were not?

People who had their FLR(FP) application refused were being detained --like me. The judge released me with citation to art 8 of the ECHR. I'm sure others have been ,..released on the same grounds. Maybe they aren't detaining spouses or parents anymore, but because you have no valid leave you remain liable to be detained?

It's hard to say. They keep changing their protocol. In December 2016 (when I got my first refusal), in-country appeals for family members were curtailed. Many people got a 'clearly unfounded' certification. However, I've now seen lots of spouses being granted in-country appeals.

Home Office and the incoherence of their policy.

It's a torture
From my own understanding not everyone reporting is liable to be detained, esp if you have a pending application/appeal.

What confusing me is they mentioned that I'm on immigration bail, but I never applied for one. I haven't recieved any removal or deportation eating at all.

When I recieved my refusal letter for FLR FP, we lodged an appeal straight away...is that automatically put you on immigration bail and they can't just detain me at any of my reporting dates.

Actually I'm feeling scared right now if whether they are going to detain me, my appeal date is 4 months away, anything could happen before then

[AlexWN]

@Tamandua

Have you had a succesful appe? I need your tips

[AlexWN]

First Tier tribunal hearing in 2 weeks, any advice guys that can be useful..or any tips to guide me through.

My partner will represent me.

[AlexWN]

Court hearing is On Friday but still haven't received the bundle from the home office.

What should I do?

[AlexWN]

UPDATE:

21/05/18- Court Hearing
26/06/18- Determination letter received(dated 19/06/18) Appeal Allowed under Immigration rules and Human rights.

Home Office has not sought to appeal the determination.