Flr(FP) Advice - First Application Refused and Reapplied

[dante2nv]

Hello, I am new to the forum and i'd appreciate if i can get some info from anyone with similar issue. I am an overstayer(3yrs) and my girlfiend has got the 5 years EEA stuffs through her elder sister who is an Italian citizen.. I have a daughter with my girlfriend and applied through the FLR FP route, the lawyer i used messed up the application based on she told HO we were a family. The application was refused based on, we where not suppose to be in same house and i shouldn't be in a relationship with the mother of my child.

i had to change lawyers and re applied around March 16th with the set out rules from HO. I have done bio metrics and got the acknowledgement letter from HO but the money i paid wasnt taken off my account till date. almost 6 months now. My lawyer said it's a good sign that a senior case worker might be looking at my case because it wasn't suppose to be refused at first even if the first lawyer filled in both partner and parent route.

Funny enough, a friend( 5yrs overstayer) of mine with similar issue applied after mine was refused and HO granted him.

Does anyone have any similar case before? Anyone paid and money not taken by HO for over 5 months and bio letter was sent out with acknowledge letter... Pls share

[CR001]

I have split your query to its own topic.

It is NOT necessary to tag your question onto every topic you find of other members.

See Multiple Posts/Topics (Click)

[noajthan]

You can't read anything into events such as payment taken.
It bears no relation to the seniority of the caseworker who happens to pick your case.
You may as well try poking through chickens' entrails.

Unclear how the second representation of your circumstances will sit with the first attempt which will be on file.

[dante2nv]

Apologies, am just getting used to the site..

[dante2nv]

Thanks @noajthan.... BUT whenever you put in a new application to HO, even if you have a previous application on file the new appilcation overides the previous one and HO decides your case based on the new application and they don't look at the previous one.

[noajthan]

Not convinced - as the previous application is part of your immigration history.

Even the calibre of application is taken into consideration eg whether frivolous or vexatious.
An applicant turning from being a family to not a family will light up the radar.

[Casa]

Thanks @noajthan.... BUT whenever you put in a new application to HO, even if you have a previous application on file the new appilcation overides the previous one and HO decides your case based on the new application and they don't look at the previous one.

Not exactly. All information given in previous applications will be held on HO files (for 15 years I believe) and cross-matched with statements in subsequent visa applications.

Edit: beaten by noajthan

[Obie]

If you money was not taken. Then it means an application was never made or it is defective.

In the case of a defective application, you would have had it returned within weeks. There i believe there is not an application.

UKVI don't work that way. They will not say, we are going to lI've his money as we did not make the right decision first time.

They will withdraw your fees within a week, and in my experience it happens in every case.
So if fee was not withdrawn, it is likely that no application was lodged.

Your case is complex and not straightforward, as neither your child, nor your partner meets the terms of the rules.

The only way that leave will be granted is outside the rules.

[dante2nv]

@Obie...... I got the acknowledgement and Biometrics letter as well. I have done Bio metrics, lawyer contacted HO and they told him decision will be made soon. I hope all goes well and i will update. Thanks

[Obie]

@Obie...... I got the acknowledgement and Biometrics letter as well. I have done Bio metrics, lawyer contacted HO and they told him decision will be made soon. I hope all goes well and i will update. Thanks

Thought you has not received it.

Decision is 50/50 as both your partner and child are neither British nor settled in the UK. The child does not have any status in fact.

In my opinion , the best shot will be when your partner secures PR. Then child can be registered.

At this time I think it is 50/50.