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Fears
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Worried

Post by Fears » Thu Dec 01, 2016 12:16 am

I would like to know my chances concerning my visa application, i applied for the (FLR)FP in october 2016 and i recieved a letter stating " your application raises issues relating to the european convention on human rights which are complex in nature" , and so on is that an acknoledge letter? this letter came with biometric (dated:16 november)which i went straight to the post office to get it sorted, me and my partner meet all the requirment, lived for more than two years, she also earn 18600 and we have a son together he is british so is my partner and we have another child due early next year, the only problem with application is the fact that i overstayed the date on my resident permit which was a tier 4 visa and permit with few days after the original expiry date, i would like to know my chances and how long it will take for the home office to reach a decision as i have a baby on the way .
Your Responses would be highly appreciated, my mind is so unsettled and i cant help but worry so much. Thanks

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seagul
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Re: WORRIED

Post by seagul » Thu Dec 01, 2016 7:12 am

I am sure no one can advise over New appeal system from outside UK for human rights cases. I am sure it will cause a big shake up and from long time that route was also getting abused but unfortunately the legitimate ones may also have to suffer
:(
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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CR001
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Re: WORRIED

Post by CR001 » Thu Dec 01, 2016 8:47 am

Which route on FLR(FP) did you make, parent route or child route?
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Fears
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Re: WORRIED

Post by Fears » Thu Dec 01, 2016 9:10 am

seagul wrote:I am sure no one can advise over New appeal system from outside UK for human rights cases. I am sure it will cause a big shake up and from long time that route was also getting abused but unfortunately the legitimate ones may also have to suffer
:(
I am currently in the uk, i have been here since 2012, but with lived with my partner since june 2014

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Casa
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Re: WORRIED

Post by Casa » Thu Dec 01, 2016 9:11 am

seagul wrote:I am sure no one can advise over New appeal system from outside UK for human rights cases. I am sure it will cause a big shake up and from long time that route was also getting abused but unfortunately the legitimate ones may also have to suffer
:(
The OP isn't asking about the chance of an appeal succeeding, there's been no refusal :!: They are seeking advice about how long they will have to wait for a decision on their FLR(FP) application. :idea:
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Re: WORRIED

Post by Casa » Thu Dec 01, 2016 9:13 am

Fears wrote:
seagul wrote:I am sure no one can advise over New appeal system from outside UK for human rights cases. I am sure it will cause a big shake up and from long time that route was also getting abused but unfortunately the legitimate ones may also have to suffer
:(
I am currently in the uk, i have been here since 2012, but with lived with my partner since june 2014
Ignore Seagul's post, it's not relevant.

As CR001 has asked, did you apply under FLR(FP) Parent or Partner route?
(Casa, not CR001)
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Fears
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Re: WORRIED

Post by Fears » Thu Dec 01, 2016 9:15 am

CR001 wrote:Which route on FLR(FP) did you make, parent route or child route?
It was the parent/partner route as we are in a proper relationship with a child and a girl on the way, should be here by feb, i can no longer work and i feel so tight as my partner is still working whilst pregnant , i am really down, havent slept or eaten properly for days , the only thing keeping me insane at the moment is my little boy, id appreciate your honest response. Thanks

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CR001
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Re: WORRIED

Post by CR001 » Thu Dec 01, 2016 9:20 am

Fears wrote:It was the parent/partner route as we are in a proper relationship with a child and a girl on the way
There is no 'parent/partner' joint route. It is either the family life as partner route you have applied for or the family life as parent route. It can only be one not both.

So in Section 2 on page 11, which category did you tick that you are applying under.

https://www.gov.uk/government/uploads/s ... -12-16.pdf
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Re: WORRIED

Post by Fears » Thu Dec 01, 2016 9:21 am

Casa wrote:
Fears wrote:
seagul wrote:I am sure no one can advise over New appeal system from outside UK for human rights cases. I am sure it will cause a big shake up and from long time that route was also getting abused but unfortunately the legitimate ones may also have to suffer
:(
I am currently in the uk, i have been here since 2012, but with lived with my partner since june 2014
Ignore Seagul's post, it's not relevant.

As CR001 has asked, did you apply under FLR(FP) Parent or Partner route?
Thanks, i applied for parent/partner as i want to keep and have my family

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CR001
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Re: WORRIED

Post by CR001 » Thu Dec 01, 2016 9:22 am

Fears wrote:Thanks, i applied for parent/partner as i want to keep and have my family
There is no such route. You can only choose one.
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Casa
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Re: WORRIED

Post by Casa » Thu Dec 01, 2016 9:30 am

Further to CR001's advice, a Parent route application won't apply to your situation as it's for parents who are living apart.
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Re: WORRIED

Post by Fears » Thu Dec 01, 2016 9:33 am

CR001 wrote:
Fears wrote:It was the parent/partner route as we are in a proper relationship with a child and a girl on the way
There is no 'parent/partner' joint route. It is either the family life as partner route you have applied for or the family life as parent route. It can only be one not both.

So in Section 2 on page 11, which category did you tick that you are applying under.

https://www.gov.uk/government/uploads/s ... -12-16.pdf
Thanks for your responce it is the family life as a partner route , 5 years thanks

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Re: WORRIED

Post by Fears » Thu Dec 01, 2016 9:36 am

Casa wrote:Further to CR001's advice, a Parent route application won't apply to your situation as it's for parents who are living apart.
It was the partner route we took not parent . Thanks

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Re: WORRIED

Post by CR001 » Thu Dec 01, 2016 9:46 am

No one can tell you the chance of success. HO generally take a while with these applications too, so expect a long wait.
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Re: WORRIED

Post by Casa » Thu Dec 01, 2016 9:47 am

The Partner route is a 10 year route to settlement (2.5 years x 5).

All FLR(FP) applications are considered as complex and take longer to process so I wouldn't be too concerned at the letter you've received, it's fairly standard.

Edit: Beaten by CR001
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Re: WORRIED

Post by CR001 » Thu Dec 01, 2016 9:49 am

Are you married or unmarried partners?

Why did you not submit an FLR(M) application before your visa expired?

It would have been far less complicated if you had returned to your home country and applied for a spouse settlement visa if your visa had already expired.
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Re: WORRIED

Post by Fears » Thu Dec 01, 2016 9:57 am

CR001 wrote:Are you married or unmarried partners?

Why did you not submit an FLR(M) application before your visa expired?

It would have been far less complicated if you had returned to your home country and applied for a spouse settlement visa if your visa had already expired.
We are unmarried but lived together for 2 years, it was quite difficult money wise, and when finally saved up we applied, so what do you think the worse scenerio would be? I mean we meet all requirements , only bn an overstayer is the problem here, thanks for your response

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Re: WORRIED

Post by CR001 » Thu Dec 01, 2016 10:08 am

You really have chosen a more difficult route, especially applying after your visa expired or by not applying properly from home country. You would have been permitted to work if you had applied before it expired or if you returned home and applied from there.

Below is the FLR(FP) timeline thread for you to get an idea of how long you will wait. Do not post questions in the timeline thread.

http://www.immigrationboards.com/immigr ... 10-40.html
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Re: WORRIED

Post by Fears » Thu Dec 01, 2016 10:20 am

CR001 wrote:You really have chosen a more difficult route, especially applying after your visa expired or by not applying properly from home country. You would have been permitted to work if you had applied before it expired or if you returned home and applied from there.

Below is the FLR(FP) timeline thread for you to get an idea of how long you will wait. Do not post questions in the timeline thread.

http://www.immigrationboards.com/immigr ... 10-40.html
Thanks, so basically couple of months then , one can only wait i guess

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