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My husband applied for ILR but it’s not granted as his continuous period is broken because of the fake solicitor who messed up his period. Home office says they can grant flr(FP) please suggest if we should accept it to be granted or should we fight for our right as they fraud has been over looked.
Thanks

The applicant is responsible for their application.

What is his full UK immigration history including all dates?

What is the break in residence?

If you expect any help from strangers on the Internet, you need to provide more details.

Apologies for partial information.

2007 -2011 student visa
2011-2014 student visa
2014 -2016 dependant visa after once beien rejected
The fake solicitor said she applied for work permit in 2016 but since then she made several applications which were rejected by home office for one reason or the other. ILR was submitted in April 2018 explaining the situation how the case was mishandled, but it’s over looked. Ho says the applicant is been an over stayer since April 2016. So he falls in the category of flr(FP) but not set (lr). If the applicant wants to avail it he needs to paid IHS charge of £500 within 10 days and documents will be sent home with visa. If not visa will be rejected and no right of appeal will be given.

My question is, what’s the best thing to do? Challenge it or accept flr(FP)? I have 3 children born in uk. What is going to be there status? As I was hoping to get ILR and planned to get their passports right after that but story has a twist. Would work be allowed in this category? And would child benefits including other benefits be claimed?

I’m happy to provide any information required to fully understand and answer the question.
Thanks

So I wanted to

Definitely an overstayer since 2016.

It is his own fault, he needs to take ownership of using a useless solicitor and believing applications have been made. He is responsible for his immigration history and compliance, regardless of the solicitor lying.

He doesn't have 10 years legal long residence. FLR(FP) is probably the best he can hope for and he can be glad he wasn't outright refused with an out of country appeal.

Rmufti2 wrote: ↑

Mon Sep 10, 2018 6:19 pm

My husband applied for ILR but it’s not granted as his continuous period is broken because of the bad quality solicitor who messed up his period. Home office says they can grant flr(FP) please suggest if we should accept it to be granted or should we fight for our right as they fraud has been over looked.
Thanks

You cannot blame the solicitor for breaking the continuous period. What route did your husband apply through?
10 year LR or 5 years.
As advised already, please provide more information

Thank you both for your responses.

He was on 10 year route dj

Cr you trust someone with good faith. She was getting paid for the services. It wasn’t for free. She’s has ruined cases of people I know of and one successful case too. We were so badly looted by her that we had to submit the application ourselves as we had no more money for solicitor. Any way yes he should own it. Thank you for your insight.

I also wanted to know if he can claim benefits on flr(FP) and can the children get British passports?

Rmufti2 wrote: ↑

Mon Sep 10, 2018 9:44 pm

I also wanted to know if he can claim benefits on flr(FP) and can the children get British passports?

What is your residency status in the UK

Well I’ve applied for flr(hro)
Response is awaited

Rmufti2 wrote: ↑

Mon Sep 10, 2018 9:49 pm

Well I’ve applied for flr(hro)
Response is awaited

What is your current immigration status? In order for anyone to give you advice, you will have to explain you and your husband's immigration history. Which category of visa have you both held during your time in the UK. Where were your children born?

If neither you or your husband hold settled status (ILR) your children don't qualify for British citizenship.