Guidance for FLR - Overstayer

[Germain]

Hi all members and moderators!


I made several choices related to my leave in this country which was not quite right in the past. So I decided to take some advice and diversify opinions for my next moves as you know any wrong moves cost us MONEY and TIME which we do not always have.££££££

I came here under a student visa which expired after I gave birth 3 years ago. Since then I overstayed in the UK living as a passive family member. I made an application under the family/private life route which was denied a couple of months ago: I thought as we were living together (my partner and I) with a child for more than 2 years and my partner on the route of an ILR, I could beneficiate of some compassion from the HO. I received the letter of refusal and I have been denied the right to appeal. As we were thinking that his indefinite was about to be granted, I decided not to leave and wait what will come next. Finally, he received his ILR last month and I received at the same time the letter to refer to reporting centre and sign every 2 weeks. I did that already and I have been asked to come next year. We decided then to register the bb - MN1 form and applied for the passport.

- My worries lie on the fact that when the HO refused to allow the stay they retained my passport which expired also. If I have to launch a new application what can I do? I can't obtain a new passport from my embassy without returning the old one. What can I do?

- Which route should I choose to apply? Family or partner? My partner did not reach the £18,600 financial requirement last year. He claims also benefits on the seek of the bb.

- If I go to report should I go with my bb and partner or should I go alone?

- Is there a way I can prepare my documents (after obtaining the passport) to be eligible for a premium service? I heard FLR FP applicant/overstayers could be also eligible for premium services. I read the post of another member on the forum "overstayer" and I thought if there a small chance to be eligible I rather pay the additional fee and be fixed once for all. I have been waiting for almost 2 years to receive a NO. If i had this answer sooner I could have planned other ways.

Would you please give me some hints on the next steps so that I can be prepared for what is coming next?
Your contribution is very much appreciated.

Thanks

[vinny]

Perhaps apply after they grant child British citizenship? Partner. FLR( FP ), with EX.1. Tell them that your passport is with them.

If you go to report, then don't go alone.

[Germain]

Hi Vinny!

Thank again for your response. I will make sure not to go and sign alone.
Do you have an idea about the other questions?

Thanks

[CR001]

Do you have an idea about the other questions?

Thanks

Have you clicked on the links vinny has provided (the blue underlined words)??

[Germain]

Hi again!

I welcomed this platform as you can learn and find advice/suggestion. Which is very helpful in periods of doubt.
Following my previous mails I went to the reporting centre with my daughter and instead of reporting every 2 weeks I have been asked to come once a year.: next appointment in October 2019 .
In the meantime, my online application for MN1 came and I received my bb certificate of registration.
I have started the passport application, paid the required fees online when I received a post from the H.O saying I should confirm my intentions with regularising my immigration status, the person with who I am living, my bb passport (if any), any medical issue, my bb birth certificate. I should respond to them by the end of next month.

Have you ever come across this type of letter? They refused to grant me leave to remain a couple of months ago. What is it? Does it smell good? I mean good/bad signs?
About the passport application, i Have started can I continue and tell them it is with them in another affair?

Thanks to reply

Germain

[Germain]

Hi, again dear members!

Nobody responds to my former query but here I am again to post. Maybe this time someone will stop by.
Further to my recent post, I have replied the information requested by the Home Office.
I have to remind my situation by saying that my application was rejected 04 months ago based on the facts that neither my partner or my daughter were settled.

In the meantime, my partner has been granted recently ILR and I have applied for my bb citizenship.
Just like that, I have been asked to provide that information (from the previous post). But a week after replying to the letter, another mail came RED003/S120 form additional grounds for me to fill.
I have already given the reasons why I think I should be allowed to stay. What more to add? It is said on the form I will not be able to appeal above the grounds submitted...

Is it a process of deportation or what? Do I need additional reasons to be granted leave to remain?
I did not even have time to apply for another DLR yet.

thanks to help

[bathanza]

UKVI work in very mysterious ways.
This doesn't look like a deportation event but I am curious how they are doing all this work with no application.

I would say wait until you get a response back from the Home Office, if they give you any orders for deportation, you can say you were awaiting a response back from them. OR, apply, it'll cost you much ££ but if it seems the UKVI are doing something with the case.. you might get some news soon?! Did you get any acknowledgement letter at all or a new case reference?

In the meantime, fill out a FLR FP Partner application with your baby's information and citizenship information. Your passport is held with the HO so in the box where it states why you have not supplied it, you should explain this as so.

Unfortunately, with the passport with them a premium case wouldn't be suitable (my husband had his and we had rock solid case)

Now, what you need to do is think about what HARDSHIP will you, your husband and your baby will face IF you were to go back to your home country to simply apply for an entry clearance visa.

It would most likely breech your Article 8 with a British Child but you need to look through case laws.

[Germain]

Thank you for your time.
I found it strange and weird the way they were acting.
The letters I received still have the same case reference. So what I do is observing.
They were pretty fast answering my last letter so maybe I will know where they are going very soon.
I will let you know anyway if there is any update.

Thanks