Advice on a FLR FP application

[Vina0809]

Hi All

This is my first post on here.
Me and my boyfriend (fiancé) have been dating for two years and have been living together for the past year. A year into our relationship I found out he was illegally in the country. Loads of emotion ran threw me when I found this out but I decided to stay with him and support him.
We recently submitted a FLR FP application with the help of a immigration lawyer and I payed privately for all the fees this includes the lawyers, IHS and the application fees.
I now support my fiancé as he is not able to work, we plan to get married next year God willing, but I just want to know how long this application process will take. As I'm getting very worried now. I would like to plan for my wedding but this is always at the back of my mind, as I would like to do this properly and my family are very excited about the wedding and is planning to come from abroad to attend.

Along with the application I submitted my British passport, a supportering letter, payslips, bank statement, photos of us together, copy of tenancy agreement, P60, copy of my job contract.
As I still live at home my mom also wrote a supporting letter and a copy of her British passport.
I earn more than £23000.00 a year not on any benefits. Don't have any children yet.

Please could someone who as a similar issue give me a timeline of how long this whole process will take?

Thank you in advance.

[Casa]

To be honest, without children a FLR(FP) application stands only a very slim chance of success. The Home Office are likely to take the view that you can settle together in your partner's home country. I assume that your solicitor instructed you to submit documented evidence of a relationship 'akin to marriage'?
There is a mandatory 2 year co-habitation period which is set in stone and is not flexible. The 2 year period would have to show joint commitments: shared finances, joint tenancy, utility bills etc. From your post it appears that you have only lived together for 1 year, which will be short of 12 months to qualify.

[noajthan]

Hi All

This is my first post on here.
...

Please could someone who as a similar issue give me a timeline of how long this whole process will take?

Thank you in advance.

Welcome aboard.

Not sure of your representative's motives and thought processes here.

Your best bet may be go to fiance's home country to marry and then shoot for a UK spouse visa to get hubby back into UK.
In that case, adverse immigration history should not be a biggie and you appear to have a suitable level of income.

[Vina0809]

Hi Casa

Thank you for your reply and advice much appreciated. I get what you saying about shared bills but how can we share bills when I support him? How can his name be on a gas,tax or gas bill when he doesn't work and no income plus he is illegal.
I have submitted all the information about our future wedding planning, i.e quotations of wedding venues etc.
My fiancé is Albanian, he can't go back there as his life is in danger, to make a long story short his father use to work for the police and had to arrest a really notorious man, father got shot, suppected got away,later was arrested and subsequently hanged to death, now members of the dead mans family is hunting my fiancé down in order to get revenge for the death of this man,as it was due to my fiancé father this man is now dead.

Of course this story sound like a rubbish script but got the original paper work for this case from the Albanian court this has also been submitted along with the application.
Further more regarding me going to his country to get married that won't be possible I'm from a mix raced background and will stand out like a sore thumb, if you guys don't know their is still dearly beloved people over their. I come from South Africa grew up in the apartheid, so hence going to live or get married there in Albanian is a no.
Regarding living arrangements I don't believe in living together until marriage, that's how I was brought up however, when I found out his illegal and had no means of a proper income I told him to move in, hence us only living together for about a year now.

[Casa]

Unfortunately, I don't see how your legal representative has taken the view that an unmarried partner application under FLR(FP) will succeed. The Immigration Rules are clear that in order to qualify, you must have been living together for the full 24 month period. The first year of your relationship won't be counted. That's apart from the issue that FLR(FP) applications which don't involve a child or children stand little chance of succeeding, even more so when the partner has no valid leave. The HO won't take into account your future plans for marriage and in any event being married wouldn't change your partner's illegal status.
In the circumstances, why didn't he claim asylum?
I would suggest that you try the Surinder Singh route (although this may be in jeopardy following Brexit ), but your partner won't qualify as an extended family member as you would still need to show a 'durable relationship' of 2 years.

[noajthan]

Hi Casa

...

Further more regarding me going to his country to get married that won't be possible I'm from a mix raced background and will stand out like a sore thumb, if you guys don't know their is still dearly beloved people over their. I come from South Africa grew up in the apartheid, so hence going to live or get married there in Albanian is a no.
Regarding living arrangements I don't believe in living together until marriage, that's how I was brought up however, when I found out his illegal and had no means of a proper income I told him to move in, hence us only living together for about a year now.

The point is the visas aren't set up to regularise illegal persons, they are for regular persons (who, for example, share bills or cover them jointly).
The two year rule is because its treating unmarried partners on a par with married couples in that proof is required of a relationship akin to marriage.
Unmarried partners can't just be a bf/gf or fiance/fiancee type relationship.

Without getting too personal I can only assume you have dug into the whys and wherefores of this relationship and the background and motives and hopes/fears of each party.
Having got that out the way, as Albanian citizens are fortunate in being visafree around most (if not all) of Europe, you could, in principle, go to any European country and marry.

Or, as suggested by moderator Casa, look into the Surinder Singh route as, again, initial entry to a memberstate will be a piece of cake for both of you.
After all the longer Sturgeon holds up May from triggering Article 50 then the longer that EEA regulations, including free movement and SS, stay in place.

[Vina0809]

Thanks noajthan,

I'm now looking into getting a new lawyer for our next possible steps after reading your response, I feel this current lawyer is just dragging this whole process out, to get more money like I said with each new appeal, JR or Asylum application he gets a fee.

[Casa]

Has your partner applied for asylum?

[Vina0809]

No he has not, this was one of the possible steps our lawyer said we should get ready for and start getting the application ready. When we asked him what happens next if the application gets refused he said the following steps would be to appeal if given the right to, if no appeal to challenge is by way of JR at the upper Tribunal.

I'm now not so sure we have a sting lawyer!

[CR001]

Unlikely your partner will get appeal rights as these have been massively withdrawn and appeal is now mostly done from outside the UK, a 'deport first, appeal later' approach, which has been well publicised. FLR(FP) is also a well know application that is abused or used for frivolous 'buying time' applications.

JR is incredibly expensive as this takes place in the High Court and you will likely need a QC for that.

https://www.gov.uk/government/uploads/s ... e_v3_0.pdf

It might have been more prudent to apply for Asylum first based on the evidence you say he has of risk to his life.

[Casa]

I agree with CR001. You haven't said how long your partner has been her illegally, but the longer submitting an asylum claim is delayed the less credible it will be.
I would certainly be concerned with your lawyer's decision to submit a FLR(FP) application when you fail to meet the mandatory 2 years of co-habitation.
Also see SET05 -13
What types of evidence might demonstrate living together and a relationship akin to marriage / civil partnership?
The applicant must provide six pieces of correspondence addressed to him / her and their partner at the same address as evidence that they have been living together during the past 2 years. The items of correspondence should be addressed to them jointly or in both their names. If they do not have enough items in their joint names, they may also provide items addressed to each of other individually if they show the same address for both of them. The documents provided must be originals and should be spread over the whole 2 years; they should also be from at least 3 different sources. Examples of what documentation the applicant could provide are listed below:

Joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, life insurance policy naming the other partner as beneficiary etc);
Birth certificates or records of any children of the relationship, showing both partners as parents;
Any official correspondence linking both partners to the same address, for example Council Tax, utility bills, Doctors records;
Any other evidence that adequately demonstrates the couple’s long-term commitment to each other.

https://www.gov.uk/government/publicati ... ners-set05

[Vina0809]

He as been illegal here for about 3 yrs, I think our next steps should be applying for the asylum.
I don't want to drag this out any longer, it's getting exstreamly stressful now, and starting to think the worse possible out comes in my head and can't deal with that.

[noajthan]

He as been illegal here for about 3 yrs, I think our next steps should be applying for the asylum.
I don't want to drag this out any longer, it's getting exstreamly stressful now, and starting to think the worse possible out comes in my head and can't deal with that.

BF should have applied for asylum long ago, even before he met you. (My understanding is its, advisedly, something like 30 or 90 days after arrival in the country).
Suggest you ask him why he did not.

[Vina0809]

Well did ask him this, but he is very embarrassed, saying he didn't know where to start and what to do as when he enter the country loads of people where giving him different advice and information.

Anyway guess we have to look into other options now!!

[noajthan]

Well did ask him this, but he is very embarrassed, saying he didn't know where to start and what to do as when he enter the country loads of people where giving him different advice and information.

Anyway guess we have to look into other options now!!

Claiming asylum 3 years later will not be easy.

[Vina0809]

Thank you guys for all advice!

[Elliewifetoalbanian]

I applied for flr (fp) with my Albanian partner. We couldn't prove we had lived together for 2 years so we're refused. They also aren't happy with people entering the country illelegally so be aware this will be used against you - we have recently had our appeal hearing and have married and had a baby since the refusal. You are going to have a tough battle I'm afraid. We know a couple recently gone to live in Albania as they lost their appeal and they were married. Wish you both the best of luck.