FLR FP update

[Mariafaria21]

Hi I’m new here and I was hoping to get some advices related to FLR FP visa. I am from Brazil, I came on a visitor visa with my son(British) to join my partner(British) after spending 1year 8months in Brazil after leaving NZ (where me and my partner used to live). I was advised by an um advisor to apply for the visa here which I shouldn’t but it was all I knew at the time I came.
I’m applying for the visa online and I have some questions.
1. Should I apply based on partner or parent? We’re not married but have lived together for around 5 years now(in NZ) but I spent that year and 8 months in Brazil without him. Our son is 3yr and is his.
2. On this question: Are there any factors which would make it difficult or impossible for you to integrate and establish a private life in that country? should I mention the criminal organisations in my hometown and the risks of living there? Or is there a better answer for this question?
3. How did you enter the uk? I was granted temporary admission or bail at the UK border Or other? I don’t quite understand this as I came in a visitor visa.
4. My partner is on universal credit, but my family has money in Brazil if needed I could borrow, we applied for a fee waiver, but my visa will expire in 2 weeks, am I allowed to wait for the fee waiver and the apply for the FLR FP even though my visa will expire or should I just give up on it and apply for the visa?
5. We’ve been 1.8 years apart will that affect the decision of the visa? Plus what’s the odds of this visa not being accepted because of our situation?
Thanks.

[Ticktack]

Hi I’m new here and I was hoping to get some advices related to FLR FP visa. I am from Brazil, I came on a visitor visa with my son(British) to join my partner(British) after spending 1year 8months in Brazil after leaving NZ (where me and my partner used to live). I was advised by an um advisor to apply for the visa here which I shouldn’t but it was all I knew at the time I came.
I’m applying for the visa online and I have some questions.
1. Should I apply based on partner or parent? We’re not married but have lived together for around 5 years now(in NZ) but I spent that year and 8 months in Brazil without him. Our son is 3yr and is his.
2. On this question: Are there any factors which would make it difficult or impossible for you to integrate and establish a private life in that country? should I mention the criminal organisations in my hometown and the risks of living there? Or is there a better answer for this question?
3. How did you enter the uk? I was granted temporary admission or bail at the UK border Or other? I don’t quite understand this as I came in a visitor visa.
4. My partner is on universal credit, but my family has money in Brazil if needed I could borrow, we applied for a fee waiver, but my visa will expire in 2 weeks, am I allowed to wait for the fee waiver and the apply for the FLR FP even though my visa will expire or should I just give up on it and apply for the visa?
5. We’ve been 1.8 years apart will that affect the decision of the visa? Plus what’s the odds of this visa not being accepted because of our situation?
Thanks.

You're a visitor here in the UK. You shouldn't be applying for any type of visa whilst you're here.

Applying for a fee waiver even makes it worse. You're basically asking the government to give you a visitor "hard earned tax-payers" money. Not sure who has advised you this.

You have to go back home and apply from there. Visit visa means you've come here for a visit/tourism and can afford your holidays. Not to suck from the UK govt, which is what you're attempting/doing. It could have a devastating effect on you!

[Mariafaria21]

I’m not attempting to suck from anyone, it’s the information I was given by an immigration advisor, and you’re a bit rude. I came here to get some help and all you’re doing is trying to insult me for no reason. Like I said my parents have money back home I can borrow from them is not a problem, I only mentioned the fee waiver because the lawyer I was getting advice told me to! but apart from your rudeness judging someone you don’t even know, I believe it’s not beneficial for me to leave the uk as my son which is half Brazilian half English is here and my partner would not allow him to leave the country, I’m sure I fit into the section 8 human rights. You’re not trying to help, just being offensive really.

[Ticktack]

The truth always sounds offensive. If I had said otherwise, you'd probably be very happy and dancing. Piece of advise, run away from that immigration advisor. He/she is toxic.

[Mariafaria21]

It’s not the “truth” that sound’s offensive, it’s you supposing things about me or being a bit r4c1st because I’m not British so you suppose I’m here to rely on benefits which I’m not. My partner is on universal credit because of an illness. So you’re really just being judgmental.
I am not paying that advisor for this same reason that her advices didn’t seem right, specially when I was in Brazil and asked her to apply for a partner visa there, and was she the one that told me to apply here, and that’s why I’m in this situation now.
If you can’t really help with my questions then please don’t bother to answer.

[Casa]

Ok. Here's the official Home Office guidance on applying for a family settlement visa while in the UK as a visitor:

"You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less
However, you might be able to switch to a family visa in the UK if you have either:

a 6-month family visa as a fiancé, fiancée or proposed civil partner
permission to stay in the UK for the outcome of a family court case or divorce"


Unfortunately, due to the bad advice given by your 'legal advisor', your circumstances don't come within the concession above.

Also, please be aware that under the conditions of your current visa and once this expires if you are still in the UK, you will be unable to access NHS Health Care. Any NHS treatment would be charged @ 150% of the costs incurred, which could amount to a considerable amount.
Your best option is to return to your home country and apply for a partner visa from there.
You may find the advice given in the link below to a member with a similar situation:
immigration-for-family-members/conversi ... 41106.html

[AmazonianX]

Hi I’m new here and I was hoping to get some advices related to FLR FP visa. I am from Brazil, I came on a visitor visa with my son(British) to join my partner(British) after spending 1year 8months in Brazil after leaving NZ (where me and my partner used to live). I was advised by an um advisor to apply for the visa here which I shouldn’t but it was all I knew at the time I came.
I’m applying for the visa online and I have some questions.
1. Should I apply based on partner or parent? We’re not married but have lived together for around 5 years now(in NZ) but I spent that year and 8 months in Brazil without him. Our son is 3yr and is his.
2. On this question: Are there any factors which would make it difficult or impossible for you to integrate and establish a private life in that country? should I mention the criminal organisations in my hometown and the risks of living there? Or is there a better answer for this question?
3. How did you enter the uk? I was granted temporary admission or bail at the UK border Or other? I don’t quite understand this as I came in a visitor visa.
4. My partner is on universal credit, but my family has money in Brazil if needed I could borrow, we applied for a fee waiver, but my visa will expire in 2 weeks, am I allowed to wait for the fee waiver and the apply for the FLR FP even though my visa will expire or should I just give up on it and apply for the visa?
5. We’ve been 1.8 years apart will that affect the decision of the visa? Plus what’s the odds of this visa not being accepted because of our situation?
Thanks.

If all requirements for spouse visa are met, best, easier, shorter and less expensive option will be for you to return to your home country and apply from there.
Such advisors as you have placed people on wrong path such that bright future and career prospects went down the drain with the applicant's hope becoming bleak or non existent even though they are in UK.

[Mariafaria21]

I really regret trusting the word of the advisor at the time. I find myself literally desperate, my 3 year old never stayed away from me, I put him to sleep every night, he wakes up in the middle of the night and only wants me, I still breastfeed him, I know it’s not usually here but it is normal in my culture to breastfeed our kids until they’re 3-5. My partner already said he won’t allow my son to leave the country with me as he was also told by that same advisor I would be able to apply here. He claims he is the dad too and he won’t accept to be away from his son.
I have been looking everywhere for an alternative and I found the private life/family life route. Using the FLR FP , the only one I would be able to switch from a visitor visa, is there really not a way of not being made to leave? I literally can’t be sent away from my son. I know NOW I should have applied in Brazil but it’s late now, is there really no option out there for me? Not even under human rights because there’s the article 8 where says the “It covers your right not to be separated from your family”. I really need a light on this subject.

[AmazonianX]

I really regret trusting the word of the advisor at the time. I find myself literally desperate, my 3 year old never stayed away from me, I put him to sleep every night, he wakes up in the middle of the night and only wants me, I still breastfeed him, I know it’s not usually here but it is normal in my culture to breastfeed our kids until they’re 3-5. My partner already said he won’t allow my son to leave the country with me as he was also told by that same advisor I would be able to apply here. He claims he is the dad too and he won’t accept to be away from his son.
I have been looking everywhere for an alternative and I found the private life/family life route. Using the FLR FP , the only one I would be able to switch from a visitor visa, is there really not a way of not being made to leave? I literally can’t be sent away from my son. I know NOW I should have applied in Brazil but it’s late now, is there really no option out there for me? Not even under human rights because there’s the article 8 where says the “It covers your right not to be separated from your family”. I really need a light on this subject.

What's most beneficial to you and family stated. The choice is yours to make as on here no one will ram it down your throat what to do.
Good luck.

[ALKB]

Hi I’m new here and I was hoping to get some advices related to FLR FP visa. I am from Brazil, I came on a visitor visa with my son(British) to join my partner(British) after spending 1year 8months in Brazil after leaving NZ (where me and my partner used to live). I was advised by an um advisor to apply for the visa here which I shouldn’t but it was all I knew at the time I came.
I’m applying for the visa online and I have some questions.

1. Should I apply based on partner or parent? We’re not married but have lived together for around 5 years now(in NZ) but I spent that year and 8 months in Brazil without him. Our son is 3yr and is his.
As far as I know, unless you are no longer in a relationship, you would have to apply as partner.

2. On this question: Are there any factors which would make it difficult or impossible for you to integrate and establish a private life in that country? should I mention the criminal organisations in my hometown and the risks of living there? Or is there a better answer for this question?
Since you voluntarily went to Brazil with your child and stayed there for nearly two years, it could be a bit tricky to justify as being impossible to live there

3. How did you enter the uk? I was granted temporary admission or bail at the UK border Or other? I don’t quite understand this as I came in a visitor visa. Is visitor not an option?

4. My partner is on universal credit, but my family has money in Brazil if needed I could borrow, we applied for a fee waiver, but my visa will expire in 2 weeks, am I allowed to wait for the fee waiver and the apply for the FLR FP even though my visa will expire or should I just give up on it and apply for the visa?
I think this is a key point here - does your partner earn 18600 GBP/annum or more before his universal credit payment? If not, you will have little chance to receive a spouse visa from outside the UK. Relying on savings is fine but borrowing money is not. You will have to prove that the money is a gift that you don´t have to pay back. If you solely rely on savings, you need GBP 62500. The fee waiver is for those who are destitute and does complicate things further. Is your financial situation stable?

5. We’ve been 1.8 years apart will that affect the decision of the visa? Plus what’s the odds of this visa not being accepted because of our situation?
Thanks.
Being apart for such a long time complicates the situation as you are not married. Do you have proof of a subsisting relationship while you were in Brazil?

I don´t think Ticktack meant to offend you, but rather to show the likely point of view of the case worker processing your application. You will have to have some sort of calm and rational response to these points ready, in case they are being brought up.

Since you and your partner both lived in NZ and must have experience with immigration processes, I am a bit surprised that you did not do more research before leaving NZ, which would have been a good time for applying for a visa for you.

[Casa]

There is one additional issue which hasn't been addressed. If you entered the UK with a pre-approved visitor visa or were permitted entry as a non-visa national, what reason did you give in the visa application for your visit, or to the Entry Officer at UK Border Control.
The fact that your intention was to settle and not as a genuine visitor, may well flag-up in any future applications as giving false information as everything is recorded on the Home Office system.

This is falls under "Demonstrating false intent".

[Mariafaria21]

Thank you so much ALKB for your answers, you did light me up on the questionnaire.
My family has a few business there which they make quite good money, so the criminal organisation actin in my neighbourhood tried killing my dad shooting his car while he was on a red light, they threatened to kidnap me and my siblings etc, he has a few police reports so I was thinking of including this in the application.
My partner sent money every fortnight for support, we have some personal issues for why we spent nearly two years apart, including him going to rehab etc…
I just believed everything the advisor said as she was going to do a full representation, I really should have reserched more when I had the time and now I’m in this situation because of my own ignorance.

Casa - I was permitted entry as a non visa national

[Casa]

Did the Entry Officer at UK Border control ask you the reason for your visit and how long you intended to stay?

[Mariafaria21]

Yes the person asked what was the reason for the visit, I answered we were here to visit my sons dad, she asked if I had a flight back, I said no because we didn’t know yet when we would be going back as our plan was that my sons dad would return with us. That’s all I said.
He has always said he wouldn’t allow our son to leave the country without him again, like we did in nz.

[Casa]

Yes the person asked what was the reason for the visit, I answered we were here to visit my sons dad, she asked if I had a flight back, I said no because we didn’t know yet when we would be going back as our plan was that my sons dad would return with us. That’s all I said.
He has always said he wouldn’t allow our son to leave the country without him again, like we did in nz.

I will never advise forum members to lie in an application (and neither should anyone else). However, in future visa applications, it would be unwise to use the reason for your error in believing you could submit a partner settlement visa from within the UK as a visitor, was due to the bad advice from an legal advisor. This would flag your real intention was to settle when you arrived here as a non-visa national and the Home Office won't be sympathetic. Plans change, and your husband is objecting to you taking your son out of the country to submit your visa application in Brazil.

I can't give you any further advice regarding your options in resolving this, other than my comments above.

[secret.simon]

Not even under human rights because there’s the article 8 where says the “It covers your right not to be separated from your family”.

There’s actually no right to family life in the UK

As the Home Office’s guidance puts it (on page 52):
...
ECHR Article 8 does not oblige the UK to accept the choice of a couple as to which country they would prefer to reside in.

Broadly and simply put, you have a right to family life, but it doesn't have to be in the UK. The family could live outside the UK as a family unit.

That is why your answer to the question below is crucial. You need to prove that you have insurmountable obstacles to integrating/living in your country/ies of nationality.

Are there any factors which would make it difficult or impossible for you to integrate and establish a private life in that country?

Criminal gangs in your city of residence may be harder to argue with a country as large as Brazil. The Home Office would counter that you can reside in another city or town in Brazil. If you can immigrate to another country, you can definitely move to another city within your country/ies of nationality.

Yes the person asked what was the reason for the visit, I answered we were here to visit my sons dad, she asked if I had a flight back, I said no because we didn’t know yet when we would be going back as our plan was that my sons dad would return with us. That’s all I said.
He has always said he wouldn’t allow our son to leave the country without him again, like we did in nz.

I think your task is cut out for you. You need to persuade your son's father to return with you to Brazil and start the immigration process from there.

Keep in mind that he will need to demonstrate an annual income of £18600 (or savings of at least £62500 held in an easily accessible bank account for at least six months) to sponsor you.

EDIT: Overtaken by Casa's advice above.

[Mariafaria21]

Thank you so much for everyone’s answers I really appreciate it. And again I know I’m in a bad situation, I’m just desperately trying to find a solution as I don’t know what I would do if I had to be separated from my child.
My partner said he would go with me to Brazil next year only, before that there’s no way of him going or allowing our son to go, does anyone knows if I overstayed my visitor visa, left the county sometime next year, it would make difficult to apply for a partner visa from my home country or a fiancée visa? Showing savings from my side wouldn’t be a problem as I have a joint acc with my parents with enough funds available.
I read this on www.citizensadvice.org.uk “You won’t be barred from re-entering if you’re applying for a partner or family visa or were under 18 when you overstayed.”
Thank you so much again for everyone’s time to read and answer.

[ALKB]

Showing savings from my side wouldn’t be a problem as I have a joint acc with my parents with enough funds available.

Just be aware that in case of a joint account, not all of the money will be eligible - if you have two account owners, you can only rely on half the money in the account to be counted in a settlement visa application.

If you and your parents (three persons) are account holders, only one third of the money can be counted.

[Mariafaria21]

Yes it should be fine
do you think overstaying would affect a partner visa or a fiancée visa application later on?

[Mariafaria21]

I’m sorry if I’m being Annoying I’m just trying to see what options I could have

[AmazonianX]

Yes it should be fine
do you think overstaying would affect a partner visa or a fiancée visa application later on?

See below similar thread

immigration-for-family-members/conversi ... 41106.html

[ALKB]

Yes it should be fine
do you think overstaying would affect a partner visa or a fiancée visa application later on?

If you have that kind of money, you are definitely not eligible for a fee waiver.

Also, you being part of your partners household with this level of savings will stop his eligibility for universal credit and he may well have to pay back a certain amount.

As far as I know, overstaying should not exclude you from receiving a settlement visa, but all these factors - arriving as a visitor, applying for a fee waiver while on a visitor visa, meeting the financial requirement via savings all the while the British partner is onstate benefits - will flag up and invite scrutiny.

[Mariafaria21]

I came to this forum a few months ago trying to get some help of other people on this post
immigration-for-family-members/flr-fp-t ... l#p2135704
Unfortunately I was judged by some people who didn’t know my circumstances, but thank god, 4 months after many nights with no sleep I was granted my visa through family route. So thanks to all of you who told me I wouldnt get it or told me to go back to my country.
I was granted the visa because I have a British son and it’s unreasonable to expect my child to leave. Thanks again!

[AmazonianX]

I came to this forum a few months ago trying to get some help of other people on this post
immigration-for-family-members/flr-fp-t ... l#p2135704
Unfortunately I was judged by some people who didn’t know my circumstances, but thank god, 4 months after many nights with no sleep I was granted my visa through family route. So thanks to all of you who told me I wouldnt get it or told me to go back to my country.
I was granted the visa because I have a British son and it’s unreasonable to expect my child to leave. Thanks again!

Congratulations.
Entering on visit visa and applying to stay is circumventing immigration rules.
You did your application and got a positive outcome, a case of exception from the norm or usual, does not mean you were being judged neither a bad thing when going to home country to reply usually goes hassle free.