FLR(O) Discretionary Leave waiting times ..??

[Kukuwife]

@ Kukuwife Concerning your request about application on private life- parent of a child in UK via 7 year route. This is the basis of my application. If I am right, I believe at this moment, only Time504 and my self have received favourable consideration on that basis.

From my point of view, Home Office is applying the ECHR inapproriately. They do have their own version, which I believe, it is only applicable to a single parent. In opinion, which is based on the observation i have seen, all couples either overstayer or with valid stay that made application on that basis were sadly refused. Home office will not tell them because they are couple rather they would come up with all sort of reasons you are overstayer etc . For those couple who are still expecting outcome of the application on that basis, I believe with God all things are possible.

In view of the above, any one who is being refused with their child/children in this country for 7 years without criminal convictions are most like to win their cases in court.

Have a pleasant weekend

Bobby04- thanks for the clarification much appreciated.

[bobby04]

@Shondra Shama. Basically, it is not expressly indicated/explained in EX1 consideration. However, if you look at the conditions they use to apply their EX1 under relationship. Which are
1 Sole responsibility - This indicates that only of the parents responsible for the upbringing of the child(ren)
2. Access right. They mainly apply this rule for couples who are no longer in relationship and the child is residing with the parent with settlement/British passport status while the migrant that requires leave to remain still have access/contact with the British child
3 Who the child normally lives with to meet this condition the relationship between the applicant and other parent has broken down.

As i earlier highlighted in my previous post.
In my own opinion Home office believes that child best interest to stay in this country can only come to play when both parents are no longer in relationship. However, their interest is to leave the UK for their parents home country.

The above is totally contrary to the definition of European Convention Article 8. No wonder Home Office virtually lose cases like this in the Court.

[Shondra Sharma]

@bobby04 in both parents are overstayers cases, their children lives in uk 7 ore more years, how comes home office saying you both here but if one of the parents here only, then we can grant you, so silly, because their both parents are married and good relationship, both responsible for to look after and grown the child, how on earth they thinking one parents here only?

[bobby04]

@Shondra Shama. Basically, it is not expressly indicated/explained in EX1 consideration. However, if you look at the conditions they use to apply their EX1 under relationship. Which are
1 Sole responsibility - This indicates that only of the parents responsible for the upbringing of the child(ren)
2. Access right. They mainly apply this rule for couples who are no longer in relationship and the child is residing with the parent with settlement/British passport status while the migrant that requires leave to remain still have access/contact with the British child
3 Who the child normally lives with to meet this condition the relationship between the applicant and other parent has broken down.

As i earlier highlighted in my previous post.
In my own opinion Home office believes that child best interest to stay in this country can only come to play when both parents are no longer in relationship. However, their interest is to leave the UK for their parents home country.

The above is totally contrary to the definition of European Convention Article 8. No wonder Home Office virtually lose cases like this in the Court.

[Shondra Sharma]

@bobby04 anyway home office should first considered law and then human rights.

[Shondra Sharma]

@summer2013 check in your box plz.

[ali90]

even 3 years break count its a half life living here and still under 25, well depends on luck, even if you have strong case, they reufsed if you don't have a luck and depends on the case worker as well. That's why anything could happened?

yes true lets see what happens. lawyer have said if they do refuse we could win in court.

lets hope we dont have to go there should be hearing a decision this week.

[Shondra Sharma]

@ali90 did your sister got any news? removal notice or right of appeal etc.

[ali90]

@ali90 did your sister got any news? removal notice or right of appeal etc.

nope they asked her to report to enforcment team in the refusal letter. but thats all never heard from them again maybe it because she has another application pending since last 5 years.

and the lawyer did say that no point in reporting. if they give no right of appeal. then we will get right of appeal when the enforcement team contact you i think not completely sure but he did say that enforcement team can even take months or year to contact you

[Victoria1004]

Hi Guys

I have been silently watching this forum for a while now and I have to say the you guys are amazing!!!

I am a British and my husband is from Nigeria. He and his brother were brought to the UK by their mother in 2000 or 2001 using someone passport. Their mother had indefinite leave at the time and i am sure her intention was to sort out their immigration status, however unknown to my husband and his brother, their mum was diagnosed with cancer and she became very ill and within a year of their arrival to the UK. She later went back to Nigeria for what they thought was a holiday however she sadly passed away, leaving my husband and his brother to fend for themselves since the age 18.

Since then my husband has been in the UK, he has worked for the same company for the passed 11 years starting as a cashier and is now an Area manager. We have been together for 5 years and got married 1 year ago.

Prior to our relationship through the bad advice and promises of fake lawyers he made an application to HO as a dependent of an EU national which was refused in 2008 due to a lack of evidence of the relationship between him and the EU citizen.

In July 2012 we made an Flr o Application based on the right to a family and private life on the basis of the length of time be has been in the UK, our marriage and the fact that he has nothing to return to in the UK.

His brother applied in March 13 and amazingly was granted DL in May 13as the father or british child and partner of a British citizen.

My husband has no idea I have joined this forum and to be honest am sure I think about his immigration status more than he does. I have now became very nervous all of a sudden and I am becoming very impatient and I guess it's because I feel like we can't move on until we get a decision.

Our lawyers were very positive about application and put together a really good case but I don't think that matters anymore. I am 100% sure that our application in middle of that huge backlog and I just pray that whoever is dealing with our case exercises their discretion and has bit of compassion and realise that my husband brought to the and remained in the Uk due to circumstances which he had no control over.

My husbands application was mad in July 2012 and is biometrics were taken in March 2013.

Any thoughts on our situation or words of encouragement would be much appreciated. Thank you in advance xxxx

[dapsonlee]

Hi Guys

I have been silently watching this forum for a while now and I have to say the you guys are amazing!!!

I am a British and my husband is from Nigeria. He and his brother were brought to the UK by their mother in 2000 or 2001 using someone passport. Their mother had indefinite leave at the time and i am sure her intention was to sort out their immigration status, however unknown to my husband and his brother, their mum was diagnosed with cancer and she became very ill and within a year of their arrival to the UK. She later went back to Nigeria for what they thought was a holiday however she sadly passed away, leaving my husband and his brother to fend for themselves since the age 18.

Since then my husband has been in the UK, he has worked for the same company for the passed 11 years starting as a cashier and is now an Area manager. We have been together for 5 years and got married 1 year ago.

Prior to our relationship through the bad advice and promises of bad quality lawyers he made an application to HO as a dependent of an EU national which was refused in 2008 due to a lack of evidence of the relationship between him and the EU citizen.

In July 2012 we made an Flr o Application based on the right to a family and private life on the basis of the length of time be has been in the UK, our marriage and the fact that he has nothing to return to in the UK.

His brother applied in March 13 and amazingly was granted DL in May 13as the father or british child and partner of a British citizen.

My husband has no idea I have joined this forum and to be honest am sure I think about his immigration status more than he does. I have now became very nervous all of a sudden and I am becoming very impatient and I guess it's because I feel like we can't move on until we get a decision.

Our lawyers were very positive about application and put together a really good case but I don't think that matters anymore. I am 100% sure that our application in middle of that huge backlog and I just pray that whoever is dealing with our case exercises their discretion and has bit of compassion and realise that my husband brought to the and remained in the Uk due to circumstances which he had no control over.

My husbands application was mad in July 2012 and is biometrics were taken in March 2013.

Any thoughts on our situation or words of encouragement would be much appreciated. Thank you in advance xxxx

Hello Victoria, you are super welcome to the forum! Sorry about the loss husband's mother. You know how home office, an office that is more backward than the country itself is. Seem like you have done all you can and at the mercy of these people but all in all if your solicitor has assured you of everything to be successful I guess man proposes but God disposes. I believe personally the Olympics last year also contributed to the incredible delay which led to the backlog for the office which they claim is not fit for purpose. By the grace of the almighty, you and the rest of us will be granted in Jesus name. It's only a matter of time but I believe you are closer than ever to a decision with an influx of positive decisions we seeing these past few days yours is amogst them. Hang on there sis, our prayers has no bounds and we will soon share your victory!!!

[hatchsead]

I hope this will help some people in putting together their documentation for the FLR(O) application.


FLR(O) Documents List & Supporting Letter Tips

• Application fee made to “Home Office - Leave To Remain” for each applicant.
• 2 x passport sized photographs of youself and for each dependant applying.
• Certified colour passport copy for each individual applying instead of sending the passport unless HO demands for it.
• Certified colour copy of each child’s birth certificate
• Photographs of your family in the UK over the years, including with friends/extended family members.
• Evidence of your private accommodation by way of a tenancy agreement/ mortgage statement (If any).
• Your last three months bank statements/evidence of savings and payslips/ last tax report three months prior to the submission of your application (If any).
• Personal statement from yourself and all other applicants explaining your reasons for wanting to be granted leave to remain in the UK (along with your child(ren) and why you cannot return to your country.
• Evidence of the child(ren’s) progression in school such as annual school reports, certificates granted to them, letters from their school.
• Evidence of your child(ren) being involved in extra-curricular activities (if any).
• Evidence of you and your child’s medical condition and evidence of treatment received by him/her and you over the years (If any).
• Evidence of your entire residence in the UK i.e. formal correspondence for each year spent in the UK showing no break in the chain of your residence in the UK such as utility bills.
• Letters of support from friends and family with copy of their British passport or Evidence of their legal status in the UK. If possible, could your children also write small letters explaining how they view life in the UK and why they want to stay?
• Evidence of your educational/ training achievements to date (if any) and the same for all other applicants.
• Any other documents you may feel you require or would be helpful.


NB
You can provide a colour photocopy of each person’s passport (the page showing their face and details and the page showing their entry stamp to the UK, if any). You can get these certified by your solicitor or a local solicitor, they will charge per document. Also, anything to do with your jobs/skills set so we can show what work you do and will do (any job offer letter offers, references…).


Please forward the following advice and tips, to those persons who will be providing you with a letter of support with regards to your Leave to Remain Application:

PARAGRAPH 1

 Firstly they should address this letter to the Secretary of State at the Home Office, at:

Border and Immigration Agency
Leave to Remain FLR(O) PO Box 495
Durham
DH99 1WR

 They should start the letter by stating their name and address
 They should then confirm their Immigration status within the UK, how long they have been residing here etc…..
 They should then mention that they have confirmation of their status, which is included with their letter, by way of a coloured copy of their British passport or a copy of relevant pages of their passport (if from a country other than the UK) confirming their status in the UK.
 Ensure that each letter does in fact have the corresponding copy of passport.

PARAGRAPH 2

 They should describe their relationship to you (i.e. how they know you, how long they have known you).
 They should then give a favourable description of you, highlighting your good characteristics, (e.g. your work ethic, helpfulness to society, lawfulness as a good citizen of the British community etc..)
 They should confirm what their understanding of your family situation is, that is what your relationship is to your family members here within the UK and what role you play with regards to them…..
 They should then discuss what the unfortunate impact would be to you and your family and friends who reside in the UK, should the Secretary of State refuse to grant you Leave to Remain within the UK.

FINAL PARAGRAPH

 They should then make a personal plea to the Secretary of State requesting that she grants you and your family members Leave to Remain and explaining why.
 Finally they close their letter politely confirming that should the Secretary of State require any further information from them then she should not hesitate to contact them.



I hope the above will assist some of us with their application.

[Kukuwife]

Victoria1004- you are welcome to the forum. It seems your solicitor has put in a strong case for your hubby as per your statements. You are doing the right thing by been very concerned about his immigration status and very soon you will hear good news. Of recent people who did biometric in February and march have been receiving decisions from HO.

[Kukuwife]

I hope this will help some people in putting together their documentation for the FLR(O) application.


FLR(O) Documents List & Supporting Letter Tips

• Application fee made to “Home Office - Leave To Remain” for each applicant.
• 2 x passport sized photographs of youself and for each dependant applying.
• Certified colour passport copy for each individual applying instead of sending the passport unless HO demands for it.
• Certified colour copy of each child’s birth certificate
• Photographs of your family in the UK over the years, including with friends/extended family members.
• Evidence of your private accommodation by way of a tenancy agreement/ mortgage statement (If any).
• Your last three months bank statements/evidence of savings and payslips/ last tax report three months prior to the submission of your application (If any).
• Personal statement from yourself and all other applicants explaining your reasons for wanting to be granted leave to remain in the UK (along with your child(ren) and why you cannot return to your country.
• Evidence of the child(ren’s) progression in school such as annual school reports, certificates granted to them, letters from their school.
• Evidence of your child(ren) being involved in extra-curricular activities (if any).
• Evidence of you and your child’s medical condition and evidence of treatment received by him/her and you over the years (If any).
• Evidence of your entire residence in the UK i.e. formal correspondence for each year spent in the UK showing no break in the chain of your residence in the UK such as utility bills.
• Letters of support from friends and family with copy of their British passport or Evidence of their legal status in the UK. If possible, could your children also write small letters explaining how they view life in the UK and why they want to stay?
• Evidence of your educational/ training achievements to date (if any) and the same for all other applicants.
• Any other documents you may feel you require or would be helpful.


NB
You can provide a colour photocopy of each person’s passport (the page showing their face and details and the page showing their entry stamp to the UK, if any). You can get these certified by your solicitor or a local solicitor, they will charge per document. Also, anything to do with your jobs/skills set so we can show what work you do and will do (any job offer letter offers, references…).


Please forward the following advice and tips, to those persons who will be providing you with a letter of support with regards to your Leave to Remain Application:

PARAGRAPH 1

 Firstly they should address this letter to the Secretary of State at the Home Office, at:

Border and Immigration Agency
Leave to Remain FLR(O) PO Box 495
Durham
DH99 1WR

 They should start the letter by stating their name and address
 They should then confirm their Immigration status within the UK, how long they have been residing here etc…..
 They should then mention that they have confirmation of their status, which is included with their letter, by way of a coloured copy of their British passport or a copy of relevant pages of their passport (if from a country other than the UK) confirming their status in the UK.
 Ensure that each letter does in fact have the corresponding copy of passport.

PARAGRAPH 2

 They should describe their relationship to you (i.e. how they know you, how long they have known you).
 They should then give a favourable description of you, highlighting your good characteristics, (e.g. your work ethic, helpfulness to society, lawfulness as a good citizen of the British community etc..)
 They should confirm what their understanding of your family situation is, that is what your relationship is to your family members here within the UK and what role you play with regards to them…..
 They should then discuss what the unfortunate impact would be to you and your family and friends who reside in the UK, should the Secretary of State refuse to grant you Leave to Remain within the UK.

FINAL PARAGRAPH

 They should then make a personal plea to the Secretary of State requesting that she grants you and your family members Leave to Remain and explaining why.
 Finally they close their letter politely confirming that should the Secretary of State require any further information from them then she should not hesitate to contact them.



I hope the above will assist some of us with their application.

hatchsead- welcome!!!.

[Shondra Sharma]

@kukuwife plz check inbox.

[dapsonlee]

I hope this will help some people in putting together their documentation for the FLR(O) application.


FLR(O) Documents List & Supporting Letter Tips

• Application fee made to “Home Office - Leave To Remain” for each applicant.
• 2 x passport sized photographs of youself and for each dependant applying.
• Certified colour passport copy for each individual applying instead of sending the passport unless HO demands for it.
• Certified colour copy of each child’s birth certificate
• Photographs of your family in the UK over the years, including with friends/extended family members.
• Evidence of your private accommodation by way of a tenancy agreement/ mortgage statement (If any).
• Your last three months bank statements/evidence of savings and payslips/ last tax report three months prior to the submission of your application (If any).
• Personal statement from yourself and all other applicants explaining your reasons for wanting to be granted leave to remain in the UK (along with your child(ren) and why you cannot return to your country.
• Evidence of the child(ren’s) progression in school such as annual school reports, certificates granted to them, letters from their school.
• Evidence of your child(ren) being involved in extra-curricular activities (if any).
• Evidence of you and your child’s medical condition and evidence of treatment received by him/her and you over the years (If any).
• Evidence of your entire residence in the UK i.e. formal correspondence for each year spent in the UK showing no break in the chain of your residence in the UK such as utility bills.
• Letters of support from friends and family with copy of their British passport or Evidence of their legal status in the UK. If possible, could your children also write small letters explaining how they view life in the UK and why they want to stay?
• Evidence of your educational/ training achievements to date (if any) and the same for all other applicants.
• Any other documents you may feel you require or would be helpful.


NB
You can provide a colour photocopy of each person’s passport (the page showing their face and details and the page showing their entry stamp to the UK, if any). You can get these certified by your solicitor or a local solicitor, they will charge per document. Also, anything to do with your jobs/skills set so we can show what work you do and will do (any job offer letter offers, references…).


Please forward the following advice and tips, to those persons who will be providing you with a letter of support with regards to your Leave to Remain Application:

PARAGRAPH 1

 Firstly they should address this letter to the Secretary of State at the Home Office, at:

Border and Immigration Agency
Leave to Remain FLR(O) PO Box 495
Durham
DH99 1WR

 They should start the letter by stating their name and address
 They should then confirm their Immigration status within the UK, how long they have been residing here etc…..
 They should then mention that they have confirmation of their status, which is included with their letter, by way of a coloured copy of their British passport or a copy of relevant pages of their passport (if from a country other than the UK) confirming their status in the UK.
 Ensure that each letter does in fact have the corresponding copy of passport.

PARAGRAPH 2

 They should describe their relationship to you (i.e. how they know you, how long they have known you).
 They should then give a favourable description of you, highlighting your good characteristics, (e.g. your work ethic, helpfulness to society, lawfulness as a good citizen of the British community etc..)
 They should confirm what their understanding of your family situation is, that is what your relationship is to your family members here within the UK and what role you play with regards to them…..
 They should then discuss what the unfortunate impact would be to you and your family and friends who reside in the UK, should the Secretary of State refuse to grant you Leave to Remain within the UK.

FINAL PARAGRAPH

 They should then make a personal plea to the Secretary of State requesting that she grants you and your family members Leave to Remain and explaining why.
 Finally they close their letter politely confirming that should the Secretary of State require any further information from them then she should not hesitate to contact them.



I hope the above will assist some of us with their application.

Good one Hatchsead!!! God bless you for sharing this!

[Kukuwife]

@kukuwife plz check inbox.

Shondra sharma - pls check inbox. Thx

[nilemarques]

Hi guys, hope I find you well this evening!! It's with great sadness but with hope that I inform you that the long awaited package from the HO arrived this morning bearing the news that I wasn't hoping for! I was refused leave and the usual hullabaloo to contact the Enforcement team by 15 September.

I have no intention of contacting them or infact if I do, I intend to tell them to shove it up their whatever so they issue removal directions! Rant over!!! Sorry guys, was about to lose my religion. Got to stay calm!! Haven't seen the letter itself as I'm not at home at the mo but it was read to me over the phone. Will come back on Monday and let you know!

[Shondra Sharma]

@kukuwife I checked it, plz check it again in your box.

[Shondra Sharma]

@nilemarguse another refusal after 16 months again his son born here in uk and 9 years old

[Shondra Sharma]

@kukuwife plz check inbox.

[nilemarques]

[quote="Shondra Sharma"]@nilemarguse another refusal after 16 months again his son born here in uk and 9 years old[/quote]

That's true Shondra! It seems that the Hate Office have a vendetta against us! As I said to you that my circumstance is the same as yours!!!

[Kukuwife]

@nilemarguse another refusal after 16 months again his son born here in uk and 9 years old

Nilemarques- so sorry to hear about the refusal. The Lord is your strength.

Shondra pls check

[Shondra Sharma]

@thanks kukuwife I check it. My solicitor saying they refused everyone, everything, they didn't follow the rules.

[nilemarques]

[quote="Kukuwife"][quote="Shondra Sharma"]@nilemarguse another refusal after 16 months again his son born here in uk and 9 years old[/quote]

Nilemarques- so sorry to hear about the refusal. The Lord is your strength.

Thanks Kukuwife! The battle may have been lost but the war is not yet over. I intend to fight tooth and nail. My children deserve that!