LEAVE TO REMAIN GUIDANCE / ADVICE

[SmithJohn]

Hello,

Sorry if have I posted this query in the correct place. Have never posted in a forum before.

I have a bit of a situation with the Home Office and my right to remain in the UK. I am male and from Australia. A brief immigration background is a follows:

Met a British female early 2007 in Australia and followed her to UK.

Arrived in UK 11.2007 on Working Holiday Visa

Departed UK in 07.2009 to return to Australia to apply for spousal visa.

02.2010 spousal visa approved and returned to UK

Married 07.2010 applied for FLRM 07.2010

Granted FLRM 08.2010

Applied for ILRM 08.2012

now this is where it gets tricky. sent everything off correctly in 08.2012. Received a thank you letter (to correct address) for your application 09.2012 and that they would be in touch etc.

One month past, two months past, three months past. I still hadn't heard anything more and no funds were taken from my account. (And there was always more then sufficient funds in account). As over 14 weeks had past I was now allowed to contact them to see where things were at. After a few phone calls I discovered that they claimed they could not take payment so application was refused and all documents returned. Except nothing was returned to me. They somehow posted everything to a previous address from the FLRM application. Haven't lived there in two years. After six months of chasing I managed to track the documents down and got them returned to correct address.

Anyway, as soon as I heard it went wrong I sought legal guidance from a solicitor who was insistent that they didn't do things correctly and that application was still valid because of that. He battled that for two years getting no where. The pressure of having ones life on hold for so long started to take a toll on the marriage, we separated in 06.2013 and officially divorced in 11.2014.

Over all of these years I continued with life as best could and started a new relationship in 09.2013 while wife and I were separated. This relationship continued for four years, until this month when she returned to studies to complete a Masters and wanted to take to time to concentrate on her and her course. We both met at University studying Architecture, I am still trying to finish my BA, there have been many disruptions.

Over this time I have heard very little from the Home Office. Capita rang twice in 2012, told solicitor, they stopped calling. And in 2015 an employer got a letter from Home Office stating that it looked like I was being employed, got instantly dismissed.

10.2017, I thought it was time to seek some new legal guidance, new solicitor recommends three choices, best being FLR(FP) with everything being pinned around that fact that Home Office sent documents to wrong address. Solicitor also recommends sensitivity of timing as I am six months away from graduating with that BA Architecture.

I feel that as it is on my own with no partner currently to help support an FLRFP application that I will be declined and I will most likely be removed.

Basically, is there anyone who has been in a similar situation, or knows of someone who was been in a similar situation, or could give any advice on what the best way to approach this would be?

Many many thanks!