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

[lucky007]

Hello Lucky007.

I am neither (not british child, oldest child 6.5)
I applied student visa, then varied to flro while i was pregnant.
home office claimed I have over stayed, because my flro was returned as invalid, case worker refused to see its a variation and not a new application because i paid the difference of the fee and not the full flro fee.
Hence my appeal is in two fold
1) unlawful decision - I am not an overstayer
2) we are praying for discretion

Appeal date is end of october, still putting support docs together and praying forGod's intervention.

hope this helps.
forgot to add, I have been in the uk 9 years this sept.

Thanks ur your reply favour your case and our case is exactly same. we had apply under seven yrs child policy and was refused and they said u will go back and settle in your home country but they gave us right of appeal and our appeal will be due in November.

we also trying to get supporting documents.

i hope we will get some good news InShaAllah.

once again thnks for ur reply

[Tom no engine]

Just got an email from my lawyer that I have been refused ..H.O is saying I can go back to Zimbabwe with my kids...my lawyer says they did not even consider the court order I have and she thinks we should take it to higher court...what do you guys think?

[CrystalNewbie]

I agree on this one...I think the HO asks you to withdraw just to prolong the process. You will still end up in court either way as they are not going to make a positive reconsideration. My brother was told the same and when he withdrew the case, they still refused him and then we had to appeal again which led us right back into court. He won his appeal and has been granted but we feel like we should never have agreed to withdraw in the first place. It did not make any difference whatsoever. Good luck.

[quo@Al Haqq
Hi, sorry to hear about a second refusal. The HO has asked me to withdraw my JR for reconsideration. Did they used the same grounds or different to refused you? God bless you all.

Ikeron,

Try not to fall for the cheap tactic. They might refuse you under the same initial refusal they gave you. Its a continous loop to send you back to the starting line, frustrating you to quit. Tell them to either put it in writing hoping for a favorable outcome in order words to explain what they missed the first time for them wanting to reconsider or else you are going to proceed with JR. I have not seen on this thread (I might be wrong) where they have asked anyone to withdraw and then they get granted.


@Rina Thank God for his mercies. This is God's handiwork. I pray for a testimonial outcome on this soon to be successful journey.

@ Dapsoleen

I think you are right about this

My reconsideration was refused again yesterday despite the facts 2 of my children were born in Uk and spent more than 7 yrs of their lives in Uk

Unless your child is British citizen don't be too optimistic

[lucky007]

Just got an email from my lawyer that I have been refused ..H.O is saying I can go back to Zimbabwe with my kids...my lawyer says they did not even consider the court order I have and she thinks we should take it to higher court...what do you guys think?

Sorry abt that. Home office didn't listen any thing they just have standard letter and just changed name and address and other texts are same. u should go to high court and best of luck.

how old ur sons ?

how long ur in uk?

[winners]

Just got an email from my lawyer that I have been refused ..H.O is saying I can go back to Zimbabwe with my kids...my lawyer says they did not even consider the court order I have and she thinks we should take it to higher court...what do you guys think?

Sorry about that

Have you be given IN Country right of Appeal?

Do you have sole parental responsibility over your children ?

This is one the reasons my Jr reconsideration was refused as well despite 2 out 3 of my children lives well above 7 years in Uk and all were born here

It will be well

[Tom no engine]

Just got an email from my lawyer that I have been refused ..H.O is saying I can go back to Zimbabwe with my kids...my lawyer says they did not even consider the court order I have and she thinks we should take it to higher court...what do you guys think?

Sorry abt that. Home office didn't listen any thing they just have standard letter and just changed name and address and other texts are same. u should go to high court and best of luck.

how old ur sons ?

how long ur in uk?

Hi lucky007 and thank you for your response..I have 2 kids..a girl and a boy..my daughter is 8 and my son is 2 years old..both born in England and have never left the country

[Tom no engine]

Just got an email from my lawyer that I have been refused ..H.O is saying I can go back to Zimbabwe with my kids...my lawyer says they did not even consider the court order I have and she thinks we should take it to higher court...what do you guys think?

Sorry about that

Have you be given IN Country right of Appeal?

Do you have sole parental responsibility over your children ?

This is one the reasons my Jr reconsideration was refused as well despite 2 out 3 of my children lives well above 7 years in Uk and all were born here

It will be well

Hi Winners and thank you for your response...I have sole responsibility for my kids..my lawyer didn't mention anything about right of appeal..I'm an overstayer so I'm not sure if I have been given one..I'm yet to see the decision letter so I will update you on that once i've seen it..my lawyer did clarify that the only refusal reason stated is that I can go back to Zimbabwe with my kids..

@Lucky007 I have been in the country since June 2002..

[nilemarques]

[quote="Tom no engine"][quote="winners"][quote="Tom no engine"]Just got an email from my lawyer that I have been refused ..H.O is saying I can go back to Zimbabwe with my kids...my lawyer says they did not even consider the court order I have and she thinks we should take it to higher court...what do you guys think?[/quote]

Sorry about that

Have you be given IN Country right of Appeal?

Do you have sole parental responsibility over your children ?

This is one the reasons my Jr reconsideration was refused as well despite 2 out 3 of my children lives well above 7 years in Uk and all were born here

It will be well[/quote]

Hi Winners and thank you for your response...I have sole responsibility for my kids..my lawyer didn't mention anything about right of appeal..I'm an overstayer so I'm not sure if I have been given one..I'm yet to see the decision letter so I will update you on that once i've seen it..my lawyer did clarify that the only refusal reason stated is that I can go back to Zimbabwe with my kids..

@Lucky007 I have been in the country since June 2002..[/quote]

@Tom no engine. So sorry to hear of your refusal. I know it is devastating but you need to be strong and fight on for your children's
rights. This is the exact same route most of us are travelling and have been travelling but through God's grace we will truimph in the end.

I don't know, with the advent of the new rules, if they now issue a right of appeal with a refusal. I would think that yourvnext step would be to request removal directions from the HO to generate a right of appeal. You should basically be citing their guidelines which state that those with children who have lived here for 3 or more years are entitled to have removal directions expediuosly.

https://www.gov.uk/government/publicati ... -decisions

If after writing to them several times, you don't get a response, you should initiate the JR by writing a PAP.

Anyway, wait until you see the refusal letter and then make a plan. Good luck amd stay blessed.

[lucky007]

Just got an email from my lawyer that I have been refused ..H.O is saying I can go back to Zimbabwe with my kids...my lawyer says they did not even consider the court order I have and she thinks we should take it to higher court...what do you guys think?

Sorry abt that. Home office didn't listen any thing they just have standard letter and just changed name and address and other texts are same. u should go to high court and best of luck.

how old ur sons ?

how long ur in uk?

Hi lucky007 and thank you for your response..I have 2 kids..a girl and a boy..my daughter is 8 and my son is 2 years old..both born in England and have never left the country

i think your case is very strong. don't gave-up and be strong. you will definitely get some good name new. stay bless

[Tom no engine]

Hi Winners and thank you for your response...I have sole responsibility for my kids..my lawyer didn't mention anything about right of appeal..I'm an overstayer so I'm not sure if I have been given one..I'm yet to see the decision letter so I will update you on that once i've seen it..my lawyer did clarify that the only refusal reason stated is that I can go back to Zimbabwe with my kids..

@Lucky007 I have been in the country since June 2002..[/quote]

@Tom no engine. So sorry to hear of your refusal. I know it is devastating but you need to be strong and fight on for your children's
rights. This is the exact same route most of us are travelling and have been travelling but through God's grace we will truimph in the end.

I don't know, with the advent of the new rules, if they now issue a right of appeal with a refusal. I would think that yourvnext step would be to request removal directions from the HO to generate a right of appeal. You should basically be citing their guidelines which state that those with children who have lived here for 3 or more years are entitled to have removal directions expediuosly.

https://www.gov.uk/government/publicati ... -decisions

If after writing to them several times, you don't get a response, you should initiate the JR by writing a PAP.

Anyway, wait until you see the refusal letter and then make a plan. Good luck amd stay blessed.[/quote]


Hi nilemarques thank you for your response..my lawyer has confirmed there is no right of appeal..I'm due to meet her next Tuesday to discuss the next step..thank you all for your words of encouragement..I pray that we all overcome these obstacles we face in Jesus name...

[lucky007]

Hello Lucky007.

I am neither (not british child, oldest child 6.5)
I applied student visa, then varied to flro while i was pregnant.
home office claimed I have over stayed, because my flro was returned as invalid, case worker refused to see its a variation and not a new application because i paid the difference of the fee and not the full flro fee.
Hence my appeal is in two fold
1) unlawful decision - I am not an overstayer
2) we are praying for discretion

Appeal date is end of october, still putting support docs together and praying forGod's intervention.

hope this helps.
forgot to add, I have been in the uk 9 years this sept.

hey favour,

How old ur son now ?

can u share list of documents u have prepared for court ?

where r u base in london or ?

do u have any idea appeal out come these days from court regarding the seven yrs ?

thanks and regards,




Thanks ur your reply favour your case and our case is exactly same. we had apply under seven yrs child policy and was refused and they said u will go back and settle in your home country but they gave us right of appeal and our appeal will be due in November.

we also trying to get supporting documents.

i hope we will get some good news InShaAllah.

once again thnks for ur reply

[halifax8]

Hi Guys,

I need your expert opinion and advise.

A friend is 7 months pregnant and on a 6 months tourist visa. Her partner is a settled person in the uk.
I know she can not switch from her visitors visa ..
Her visa hasn't expired though....Her partner lives here in the uk so they want to make application here in the uk rather than sending the baby and mum home to start a spousal application.

1. Can she make FLR (FP) application for leave to remain?
2. If her baby is born, can she make application with the baby, as the baby will be british citizen?
3. What application is best for this kind of situation?

Can anyone advice on the best application for her to apply. I know its not a straight application but i trust someone here can help.

You can share this post around.

Thanks

[Kiran khan]

Hello all,
I have got letter today from HO that I ve been granted for 30months and received all my document back. Thanks to my Allah.
I was on Tier-1 visa and applied on
Applied: 30 June 2014
Granted: 2 Sept 2014
Not received BRP
I ve 2 years British child and my husband is British married and living together more than 2.5 years.
InshaAllah all those waiting for their visa will get soon. Hope with the God.

[flozo64]

Hello all,
I have got letter today from HO that I ve been granted for 30months and received all my document back. Thanks to my Allah.
I was on Tier-1 visa and applied on
Applied: 30 June 2014
Granted: 2 Sept 2014
Not received BRP
I ve 2 years British child and my husband is British married and living together more than 2.5 years.
InshaAllah all those waiting for their visa will get soon. Hope with the God.

Very big congratulations!!

[lucky007]

Hey everyone,

Going for court hearing for seven yrs child born in uk and now half seven.

Anyone had a court hearing in the court and any update from the court for seven yrs?

which type of supporting documents are require for the hearing?

Need your advice and support.

we are in uk last eight yrs on student visa.

thanks and regards

[Shondra Sharma]

Hello forum!!!!!! I just came from holiday with my kids and partner. After 16.5 years I visited my country, thanks god how you doing guys? wishing you all well and get your stay soon. What a wonderful family member over here! Thanks everyone who supported and helped me a lot, without you guys My immigration limbo journey wasn't be successful. You will be granted soon guys, carry on fighting.

[nilemarques]

[quote="Shondra Sharma"]Hello forum!!!!!! I just came from holiday with my kids and partner. After 16.5 years I visited my country, thanks god how you doing guys? wishing you all well and get your stay soon. What a wonderful family member over here! Thanks everyone who supported and helped me a lot, without you guys My immigration limbo journey wasn't be successful. You will be granted soon guys, carry on fighting.[/quote]

Hey Shondra. Good to hear from you and good to hear you've been home. I'm sure it must've been an emotional experience for you and your family .

[subtlegirl]

Hi Guys,

I need your expert opinion and advise.

A friend is 7 months pregnant and on a 6 months tourist visa. Her partner is a settled person in the uk.
I know she can not switch from her visitors visa ..
Her visa hasn't expired though....Her partner lives here in the uk so they want to make application here in the uk rather than sending the baby and mum home to start a spousal application.

1. Can she make FLR (FP) application for leave to remain?
2. If her baby is born, can she make application with the baby, as the baby will be british citizen?
3. What application is best for this kind of situation?

Can anyone advice on the best application for her to apply. I know its not a straight application but i trust someone here can help.

You can share this post around.

Thanks

Another option is Derivative Rights, ask her to look it up

[greatreasons]

Hey everyone,

Going for court hearing for seven yrs child born in uk and now half seven.

Anyone had a court hearing in the court and any update from the court for seven yrs?

which type of supporting documents are require for the hearing?

Need your advice and support.

we are in uk last eight yrs on student visa.

thanks and regards

What did you apply for Parent of a British Child?

Did you apply to naturalised the child and obtain a british passport before your application?

[greatreasons]

Hey everyone,

I have a quick question regarding an application through my child who's a few weeks old and is British, it states:

"Evidence that the British citizen is dependent on you, such as court orders, care responsibilities, medical evidence"

How do I provide evidence that my newborn baby is dependant on me. Is proof of address sufficient. I do not have any GP letters. What else is considered evidence?

Thanking you in advance

[lucky007]

Hey everyone,

Going for court hearing for seven yrs child born in uk and now half seven.

Anyone had a court hearing in the court and any update from the court for seven yrs?

which type of supporting documents are require for the hearing?

Need your advice and support.

we are in uk last eight yrs on student visa.

thanks and regards

What did you apply for Parent of a British Child?

Did you apply to naturalised the child and obtain a british passport before your application?

We were on student visa and had been applied under seven yrs child policy and we were refused.

Court hearing is in November now . just want to know hows going non British child hearing these days any positive outcome

[Ems1927]

Court hearing this Tuesday! Our solicitor is confident of a positive outcome. I am feeling nervous about testifying and being brought in separate etc. I've never been a good speaker so feeling under a lot of pressure. I will be sure to update and let everyone know about the experience afterwards especially for those with dates upcoming.

[lucky007]

Court hearing this Tuesday! Our solicitor is confident of a positive outcome. I am feeling nervous about testifying and being brought in separate etc. I've never been a good speaker so feeling under a lot of pressure. I will be sure to update and let everyone know about the experience afterwards especially for those with dates upcoming.

All the best Ems927. pray for u and ur family for freedom. can u plz update about history of ur case.


regards,

Ali

[Ems1927]

Thanks. I'm a British born citizen, moved to America to study where I met and married my husband. We had a baby and moved to England last year due to health issues my daughter was having, had no family there.. We were due to move to Ireland as we didn't have enough savings for a spouse vis and move back to England with an eu family permit. In the meantime I got a full time job, my daughter has had zero health problems since moving (she had more than 10 separate antibiotic prescriptions in a 6 month period in America) and starts nursery on Monday. We didn't want to move her again so we applied for discretionary leave for my husband. He was originally here on a visitor visa.the one and Only reason for the denial was that my daughter according to them isn't a British citizen (she was born in America.) our solicitor has said she is speechless at this logic as basic law states that my daughter is British by descent automatically. We applied in April, refusal at end of May and now court.

[lucky007]

Thanks. I'm a British born citizen, moved to America to study where I met and married my husband. We had a baby and moved to England last year due to health issues my daughter was having, had no family there.. We were due to move to Ireland as we didn't have enough savings for a spouse vis and move back to England with an eu family permit. In the meantime I got a full time job, my daughter has had zero health problems since moving (she had more than 10 separate antibiotic prescriptions in a 6 month period in America) and starts nursery on Monday. We didn't want to move her again so we applied for discretionary leave for my husband. He was originally here on a visitor visa.the one and Only reason for the denial was that my daughter according to them isn't a British citizen (she was born in America.) our solicitor has said she is speechless at this logic as basic law states that my daughter is British by descent automatically. We applied in April, refusal at end of May and now court.

thanks for your reply. Your case is very strong i am 100% sure u will win the case. i am surprise why they said your daughter is not British as my understanding if mother or father is British their children automatically British . it is start forward case your husband will be get visa InshaAllah.

best regards,