FLR (FP) Human Rights/complex case - any similar cases? What were your timelines please?

[Kwipeh]

Hi everyone.

Here's a summary of my case:

Regular visitor to the UK since 2007. Never overstayed, never had any immigration drama.

British partner and British daughter who has severe disabilities. Been doing the back and forth between Nigeria and the UK, but had to make a decision about her education which could only be optimally pursued in the UK.

I could not apply as a parent because I'm in a genuine and verifiable relationship with my partner and all travel records show that since 2012 I have stayed at his UK home even before baby was born. Did not also qualify for partner visa because we had never lived together in the same country/home for two years - long distance relationship since 2012.

Time was running out to get daughter into nursery so we came in early this year, I with my visitor's visa.

Got stuck with house-hunting as we had to move to a different type of living space to accommodate our daughter's needs. We also focused on settling daughter into school/meeting her hospital appointments. Therefore only applied for FLR (FP) early May, about a week before the expiration of my visitor's visa.

Got acknowlegenment letter from HO 15/05/18.

Got the "...issues relating to European Convention on Human Rights/complex nature/falls outside normal service standards for deciding leave to remain applications" letter 30/05/18, registered biometrics 15/06/18.

Eventually moved house in June and sent new accommodation details and newly generated proof of address documents in July.

It's been expectedly silent from the HO's end since the last time they sent any correspondence and while I understand that my case does fall outside service standards since I'm switching from Visitor to FLR (FP) which is a dicey matter, I do get pretty nervous now and again.

The waiting game is spiking my anxiety and everyday is a struggle. Had two miscarriages since then - only one was a hospital case as the first one was not as traumatic as the second which was HELL. That's just an example of what the anxiety is doing to me.

I hate that anything about my life is subject to the judgement of any other human being. It's horrid.

Before we made the application I considered going back to Nigeria to attempt an application but it would have been bad for our child who was settled in nursery at the time and was already bonding with her dad properly (unlike when we would visit him and he would visit us too).

Her disabilities are quite severe and they cannot build a relationship over the phone or via video calls. The older she gets and her needs become more complex, the more her dad and I need each other and the more she needs the stability that being together as a family gives her. So I could not tear her away from her dad to go make an application that would have been ridiculously dicey since I still didn't meet the requirements for either a regular partner visa or a parent one.

I could not also leave her here and go to Nigeria because I am her primary carer who understands her needs more than anyone else since I have spent every single day with her since she was born. Even at her nursery I used to be called in to calm her down and to feed her now and again because she would not eat more than a few spoons if anyone else fed her. Her dad is amazing with her but her daily needs can only be met by me. She will not let anyone else bathe her or feed her or calm her. My life basically revolves around her and my role as a mother is both emotional and functional - as her helper. If I had left her here to go make a dicey application, it would have affected her negatively and completely devastated me and her dad.

Her dad's income beats the threshold by a great margin but I recognise that to the HO this isn't special.

Does anyone have a similar case? Has anyone heard of a similar case that eventually went through in less than a year? Am I being a dreamer to think that my application could possibly be responded to (and hopefully approved!) in less than a year? I guess I'm looking for comfort in numbers or some type of hope that this application will not span forever and totally destroy my nerves.

[physicskate]

Are you married to your partner? If not, I would suggest marrying in Nigeria (or a third country) and simply applying for entry clearance as a spouse. You are making your life incredibly difficult (and the FLR(FP) path is insanely expensive) by attempting to circumvent the immigration rules (as it appears to me by entering with the intention of settling).

[Londoner007]

Did you have any legal representation for your FLR (FP)? Would have been much easier for you to get married in Nigeria and return to UK and apply as you were going back and forth their anyway, instead of now overstaying the Visitor Visa right which I presume is the case?

[Amelia4784]

Hi,
My Flr fp June 2017 was first rejected after 4 months in November 2017 then I appealed and my hearing was after 6 months in June 2018 and my BRP was issued on August 6 2018, i came with tourist visa, we all lived in Mexico until January 2017 when my husband (British) was diagnosed with multiple
Sclerosis and we then came seeking treatment, HO did reject my application first stating that my husband with his disability that it was pretty bad at that time now he is better because of the treatment he is undergoing and my daughter (8 British ) could be looked after by the extended family so i had to prove that it wasn’t the case because of my mother in law’s illness anyway I’m sorry to read about your daughter but be prepared cause they might reject you (hopefully not) even if they do you have a strong case with a judge but it’s quite a long process I was quite lucky to be rejected after 4 months people wait for a rejection or approval for up to 13 months, all in all it took 1 year one week from the day I applied until I held my BRP so don’t be anxious relax it’s long but you’ll get it at the end. Look after yourself and don’t overthink negative stuff nothing bad will happen you will eventually get it.

[Kwipeh]

Are you married to your partner? If not, I would suggest marrying in Nigeria (or a third country) and simply applying for entry clearance as a spouse. You are making your life incredibly difficult (and the FLR(FP) path is insanely expensive) by attempting to circumvent the immigration rules (as it appears to me by entering with the intention of settling).

No we aren't married and do not intend to be. Being partners is what suits us best and our relationship is solid as it is. Would not want to do a marriage for the sake of living papers. It would spoil our psychological dynamics and I am not prepared to explore that.

Yes, it is incredibly difficult to do the FLP (FP) thing however I am not trying to circumvent immigration rules. There will always be grey areas and cases which aren't going to be mainstream. I think the HO bears this in mind and this is why a 'leave outside the rules' application exists.

When I came in, we were not sure I would stay to apply. We wanted to seek counsel as well as get on with our daughter's education. We toyed with the idea of my going back and leaving her but from all indications that would not have worked out. So it was a devil/deep blue sea thing and I stayed on, making the choice to not disrupt my kiddo's new life and deal with the rigours of the FLR (FP). Hopefully the HO lives up to its ideas about leave outside the rules. Fingers crossed.

[Kwipeh]

Did you have any legal representation for your FLR (FP)? Would have been much easier for you to get married in Nigeria and return to UK and apply as you were going back and forth their anyway, instead of now overstaying the Visitor Visa right which I presume is the case?

Yes I used legal representation. Marrying is out of the question, based on personal principle. The visitor visa expired in May but I had submitted the application before that so I doubt that I am considered an overstayer, unless and until I am refused the FLR, which hopefully will not be the case.

[Kwipeh]

Hi,
My Flr fp June 2017 was first rejected after 4 months in November 2017 then I appealed and my hearing was after 6 months in June 2018 and my BRP was issued on August 6 2018, i came with tourist visa, we all lived in Mexico until January 2017 when my husband (British) was diagnosed with multiple
Sclerosis and we then came seeking treatment, HO did reject my application first stating that my husband with his disability that it was pretty bad at that time now he is better because of the treatment he is undergoing and my daughter (8 British ) could be looked after by the extended family so i had to prove that it wasn’t the case because of my mother in law’s illness anyway I’m sorry to read about your daughter but be prepared cause they might reject you (hopefully not) even if they do you have a strong case with a judge but it’s quite a long process I was quite lucky to be rejected after 4 months people wait for a rejection or approval for up to 13 months, all in all it took 1 year one week from the day I applied until I held my BRP so don’t be anxious relax it’s long but you’ll get it at the end. Look after yourself and don’t overthink negative stuff nothing bad will happen you will eventually get it.

Yes I have stumbled on your story on the board, it was quite encouraging. Still is.

I am mentally prepping myself to be in limbo for nearly a year, yikes. We'll see how it goes and I will make updates as things unfold. Thank you!

[Londoner007]

All the best

[bathanza]

FLR FP Human Rights cases are always long and complex in nature. Surprising good turn around time for fellow member Amelia too, so that was a great success story.

I think you do have a great ground based on your daughter's well being and best interest for the child, since you are the primary carer.

I hope the Home Office to take the point of compassion and do issue a visa for you, but it may end up as a refusal at first and at the appeal stage you 'll be okay. Expect anything up to a year for a response.

As for timelines/complexities, my husband was an overstayer for 11 years and we finally got a visa via Premium Appointment, via exceptional circumstances under a partner route. Our initial application took 18 months for the Home Office to consider as a very, very lengthy refusal letter, that was under FLR FP Private Life 10 year route, varied to Partner after marriage which they seem to acknowledge but didn't want to align to the partner route!

immigration-for-family-members/successf ... 62847.html

You may well be approved as a private life route as language and income and marriage is not a requirement.

However, you may end up with a refusal outright as you are not a married couple.. which would have paved the way for the partner route.

In any scenario, keep us informed with your progress, best of luck.

[Kwipeh]

All the best

Thank you.

[Kwipeh]

FLR FP Human Rights cases are always long and complex in nature. Surprising good turn around time for fellow member Amelia too, so that was a great success story.

I think you do have a great ground based on your daughter's well being and best interest for the child, since you are the primary carer.

I hope the Home Office to take the point of compassion and do issue a visa for you, but it may end up as a refusal at first and at the appeal stage you 'll be okay. Expect anything up to a year for a response.

As for timelines/complexities, my husband was an overstayer for 11 years and we finally got a visa via Premium Appointment, via exceptional circumstances under a partner route. Our initial application took 18 months for the Home Office to consider as a very, very lengthy refusal letter, that was under FLR FP Private Life 10 year route, varied to Partner after marriage which they seem to acknowledge but didn't want to align to the partner route!

immigration-for-family-members/successf ... 62847.html

You may well be approved as a private life route as language and income and marriage is not a requirement.

However, you may end up with a refusal outright as you are not a married couple.. which would have paved the way for the partner route.

In any scenario, keep us informed with your progress, best of luck.

Thanks a lot!

[Kwipeh]

BEST NEWS!

Just got word from my solicitor. Leave to remain has been granted! Quite stunning, considering I was projecting to get a response in no less than a year.

My BRP arrived the solicitors' office this morning which is when they made contact. It was the first email I saw upon waking up at 10 am-ish. A lovely thing to wake up to!

Apparently supporting documents and passport have not yet arrived so when they do I'll go pick everything up in one fell swoop. And then I'll do a proper timeline update on the timeline thread.

Big fat thanks to everyone who said something supportive and gave insight and advise. I appreciate all of it.

And I'm sending my love and best wishes to everyone who's still waiting for good news of this nature. Crossing my fingers for ya!

[bathanza]

Congratulations!!! Very pleased for you.

[Kwipeh]

Thank you, bathanza.

[Londoner007]

Just goes to show, it's all in hands of the All Mighty. Finally you can now relax!

[Kwipeh]

Just goes to show, it's all in hands of the All Mighty. Finally you can now relax!

Yes indeed I can! Thank you.