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UKBA Withdraw Refusal Decision on FLR(O) before Hearing

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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3stars
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Joined: Mon Aug 12, 2013 8:25 pm

UKBA Withdraw Refusal Decision on FLR(O) before Hearing

Post by 3stars » Fri Feb 07, 2014 4:37 pm

Hi everyone.

We applied on FLR(O) with family that was refused and appeal right was given. Few days before refusal my husband completed his ten years legal in this country but me & children completed only 9 years.

One week before hearing date our solicitor sent my husband's ILR-long residence application direct to appeal officer to give our case more weight. But one day before court hearing UKBA withdrawn its decision.
We(wife & children) need only 5 months to complete 10 years long residence.

In our solicitors opinion our case is extremely strong as the children also completed a long time here.

Now as my husband's ILR application and our FLR(O) for whole family is in the home office again.I heard that one needs to withdraw the appeal before sending the ILR application but our solicitor is not of that opinion.

What could be the outcome and how long could it take.

Please share your experience.

Thanks

3stars
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Posts: 27
Joined: Mon Aug 12, 2013 8:25 pm

Should we withdraw ILR application-urgent help

Post by 3stars » Fri Feb 07, 2014 11:10 pm

Our FLRO case refused and UKBA withdraw the refusal decision before appeal hearing. My husbands ILR-long residence application was also sent to the appealing officer before the hearing date to make our case more strong.

Now should we withdraw the ILR application & let them make decision on the FLRO or to wait for their decision.

Please advise.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Should we withdraw ILR application-urgent help

Post by vinny » Fri Feb 07, 2014 11:43 pm

If they have withdrew their refusal, then ask them to consider his SET(LR) application as a variation of the FLR(O) application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

3stars
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Joined: Mon Aug 12, 2013 8:25 pm

Re: Should we withdraw ILR application-urgent help

Post by 3stars » Sat Feb 08, 2014 1:34 pm

Thanks Vinny.

I am a little confused that what will happen with mine & children application if we vary only my husbands application as we all are dependent on his previous application applied as FLRO.

rooney0511
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Joined: Tue May 03, 2011 6:49 pm

Re: Should we withdraw ILR application-urgent help

Post by rooney0511 » Sun Feb 09, 2014 9:24 am

3stars wrote:Thanks Vinny.

I am a little confused that what will happen with mine & children application if we vary only my husbands application as we all are dependent on his previous application applied as FLRO.
Send the application for all of the family for ILR, by the time the application is looked at you would most probably completed 10 years and also in these cases the Case Workers are advised to hold the applications if there is a little gap to complete the required period.
This discretion is only for the dependents and not for the main applicant and also in the case which i am talking its was like 3 months short, so the case worker put it on hold and after that time processed the case and granted the visa.

Make sure you send Variation to ILR along with all relevant application form and necessary documentation.

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