Reasons for late Upper Tribunal appeal request and question about FLR (FP)

[bongo1809]

Hello,

First time posting here.



My solicitor advised me earlier this year that I should submit a Spouse Visa application FLR(M). My solicitor alleges that he submitted the application in March 2017 in which we sent him fees for. I was recently detained upon signing in at my local police station and the Home office advised that no pending application can be found on their system which took me by surprise. I was released following a judicial review thankfully.

My solicitor recently advised me that an FLR (HRO) form was submitted instead as I currently do not hold a visa as I entered the UK from Zambia on a visit visa through my dad who is a British citizen. I entered 13 years ago as a minor on a visit visa which expired. My dad had unsuccessfully regularized my stay.

The UK Visa and Immigration services center have confirmed on a number of occasions that they do not have a pending application on their records. The solicitor is unable to provide me with any acknowledgements from the home office, a payment reference nor a royal mail tracking number. Also, to date, I still have not received any bio-metric instructions.

It is likely that no application has been submitted to the home office to date so I am seeking advice.

Upon getting back my money from the solicitor, I would like to find out what application I need to complete as my wife who is a British citizen (2nd generation citizen as her mother was born here as well as my wife being born here) and was my sponsor, she is now studying full-time in University doing a Masters degree for 2 years so she only works part-time. Before September 2017, my wife met the sponsor requirements of earning over £18,600pa. We are unsure of the next steps to take and what application to make that would increase our chances of winning the case.

Circumstances to consider:

- My wife and I married in the UK in September 2015, we hold a UK marriage certificate and have been living together since that time (over 2 years). Also, we were together as partners from 2012. We cannot separate from each other. My wife is committed to her MA Social Work degree and cannot withdraw from the course that has only just started.

- I have a medical condition which is monitored by the NHS and has been over the years.

- My wife has endometriosis and has to regularly have ultra-sound scans in order to monitor her fibroid and cyst growth.

- Neither me nor my wife have professional skills that we can use to gain employment in my home country.

- My dad is a British citizen who lives in the UK with my step-mother (settled in the UK/ILR)
- My brother (settled in the UK/ LR) lives in the UK
- My half-brother (British citizen) lives in the UK
- My step-brother (settled in the UK/ ILR) lives in the UK

- I have no family back home and no knowledge of how the system works now as I arrived in the UK as a minor.

- I completed A-Levels in the UK and was offered a University place at Queen Mary that I was unable to take up due to funding back in 2008.

- I am heavily involved in my local Church and my Pastor can account of my voluntary community work.


Any help and advice would be welcomed.

Many thanks

[bongo1809]

Hello, Thanks in advance for you advice.

Here's my story.

My solicitor advised me earlier this year that I should submit a Spouse Visa application FLR(M). My solicitor alleges that he submitted the application in March 2017 in which we sent him fees for. I was recently detained upon signing in at my local police station and the Home office advised that no pending application can be found on their system which took me by surprise. I was released following a judicial review thankfully.

My solicitor recently advised me that an FLR (HRO) form was submitted instead as I currently do not hold a visa as I entered the UK from Zambia on a visit visa through my dad who is a British citizen. I entered 13 years ago as a minor on a visit visa which expired. My dad had unsuccessfully regularized my stay.

The UK Visa and Immigration services center have confirmed on a number of occasions that they do not have a pending application on their records. The solicitor is unable to provide me with any acknowledgements from the home office, a payment reference nor a royal mail tracking number. Also, to date, I still have not received any bio-metric instructions.

It is likely that no application has been submitted to the home office to date so I am seeking advice.

Upon getting back my money from the solicitor, I would like to find out what application I need to complete as my wife who is a British citizen (2nd generation citizen as her mother was born here as well as my wife being born here) and was my sponsor, she is now studying full-time in University doing a Masters degree for 2 years so she only works part-time. Before September 2017, my wife met the sponsor requirements of earning over £18,600pa. We are unsure of the next steps to take and what application to make that would increase our chances of winning the case.

Circumstances to consider:

- My wife and I married in the UK in September 2015, we hold a UK marriage certificate and have been living together since that time (over 2 years). Also, we were together as partners from 2012. We cannot separate from each other. My wife is committed to her MA Social Work degree and cannot withdraw from the course that has only just started.

- I have a medical condition which is monitored by the NHS and has been over the years.

- My wife has endometriosis and has to regularly have ultra-sound scans in order to monitor her fibroid and cyst growth.

- Neither me nor my wife have professional skills that we can use to gain employment in my home country.

- My dad is a British citizen who lives in the UK with my step-mother (settled in the UK/ILR)
- My brother (settled in the UK/ LR) lives in the UK
- My half-brother (British citizen) lives in the UK
- My step-brother (settled in the UK/ ILR) lives in the UK

- I have no family back home and no knowledge of how the system works now as I arrived in the UK as a minor.

- I completed A-Levels in the UK and was offered a University place at Queen Mary that I was unable to take up due to funding back in 2008.

- I am heavily involved in my local Church and my Pastor can account of my voluntary community work.


Any help and advice would be welcomed.

[bongo1809]

Any advice will be greatly appreciated

Thanks

[bongo1809]

Hi

I have been in the UK for nearly 14 years (I first arrived in the UK as a minor on a visit visa - 15 years of age). My dad who has permanent residence, failed to regularise my stay which led to me staying in the UK outside of the immigration rules.

On the 16th January 2018, I was detained a second time upon signing on at the police station and was scheduled to be deported as my FLR (HRO) application had been rejected with no right of appeal. An RED 0003 form and First Tier tribunal appeal had also been rejected between Jan 2016 - Jun 2017.

I was released from detention on 29th January 2018 upon claiming asylum on the grounds that I fear for my well-being upon return to Zambia after 14 years. My dad, step-mum, siblings, nephews and my second generation British born wife (2 years legally married in the UK) and her family are all permanently resident in the UK and are my support system.

I would like to apply to the Upper tribunal to request an appeal against the First Tier Tribunal decision of June 2017. I would also like to submit an FLR (FP) application as I believe that is the most applicable to my wife and our circumstances.

2 questions:

1. Aside from my solicitor not advising me to appeal to the upper tribunal back in September 2017, what other reasons might be acceptable as to why my application to upper tribunal is so late?

2. Is it worth me submitting an FLR (FP) as I've had HRO and FTT rejections?

3. If my asylum app is rejected, how likely am I to receive an appeal option?

Hope this is clear

Many thanks