10 year route flr(fp) or stick with asylum under Article 8 private and family life

[diamaond87]

Hi everyone,

i am new to this site so forgive me if i posted wrongly.

i have known my husband over 3 years been religiously married on the 1st February 2017 also living together from this date. We have a 4 month old son together, also i have a 6 year old and a 5 year old from previous relationship(my ex is not allowed near me or the kids i have proof of this)

my husbands history i try be best with dates

September 2009- came to the country illegally attended the police station from there taken to immigration office where he claimed asylum.

November 2009-age assessment was carried out which placed his age at 16
and granted him discretionary leave till march 2011 (with rights to appeal) because he was unoccupied child
my husband did not appeal the dicison

march 2011-application for further leave to remain in the uk

september 2011- case was refused and to be removed

october 2011 my husband served a noticed of appeal under section 82 immigration and asylum act 2002
I think this went for tier 1 tribunal for permission to appeal on points of law
this whole case was refused it was safe for him to return as adult and didn't provide enough reliable evidence. discrepancies in his case and credibility has been damaged.

from then he has been illegal in this country for 9 years he has blood relative in this country HO know this

right now his solicitor opened up his asylum case under Article 8 family and private life April 2017 we went to Liverpool submitted the documents that the solicitor told us IE photos of the wedding, full birth certificates of the children, school letter saying he pick kids up from school, 2 bills, my payslips, NHS letters (from when i was pregnant),

July 2017 sent new tenancy agreement as we had moved he is on the tenancy not joint

November sent the babies full birth certificate off.

from April 2017 my husband has been signing every 2 weeks.

22 DECEMBER 2017- contacted home office for update: response was nothing but a sorry for the delay

rang Mp update last week and was told no update on his case and article 8 has no time limit and could takes years for a decision

solicitor didn't do a fresh application as was were told and he said we should hear something in 6 months. After argument with the solicitor about the lies and the documents is not enough. he said he done it under flr(fp) 10 year route when he opend up his asylum case

we went to another solicitors he said we got two options leave it as it is submit more documents.
option 2 fill out flr(fp) 10 year partner route fresh application with all documents, but. The asylum case would not close it will be 2 applications together but we would get a decision in 6 to 12 months, with flr(fp)

The problem i have is we haven't been living together for 2 years and i know they need proof on why i can not live with him in Afghanistan with my kids, i have social services involved because of my mental health.
and my 4 year old daughter has chronic asthma and is on regular medication.

Also i don't know if his asylum case would effect the fresh application when the do make a decision.

i have no idea on what to do. Should i apply for fresh application, or stick with the asylum one open at the momen. I just got a horrible feeling the decision is going to get refused as the solictor done a sloppy job.

Also if i done flr(fp) 10 year route can i change it later to 5 year route if can sponsor him when i return to work and try and get fulltime work?

please any infomation will be great.

THANK YOU

[CR001]

No need for duplicate posts. Your topic was moved to the Immigration for Family sub forum and I am sure when someone is available to offer advice, they will.

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