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Please help-Desperate family-FLR-FP

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uknight007
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Please help-Desperate family-FLR-FP

Post by uknight007 » Thu Sep 07, 2017 1:17 pm

I am new to the forum, Could someone please advice, this is on behalf of a very close family,

He applied for an extension on he's FLR-FP 10 year route in June 2016, and there is no decision yet? I am not an expert but this doesnt look normal?

Background
  • Married and father of threee british citizens
    Applied for extension 3 days out of time, hence cannot work
    Interviewed in Feb for Toeic test, but has never used it
    Wife is on maternity atm
looks super depressed and always refreshing the online tracker which btw says 'Awaiting decision - last updated 25 may'

The family have tried the MP, no use, MP not so Migrants freindly

Is there anything that can be done? apart from just waiting? isnt this like a breach of human rights? can they claim compensation?

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CR001
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Re: Please help-Desperate family-FLR-FP

Post by CR001 » Thu Sep 07, 2017 1:21 pm

10 year PARTNER route???

Why did you apply after your previous visa expired??
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uknight007
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Re: Please help-Desperate family-FLR-FP

Post by uknight007 » Thu Sep 07, 2017 1:38 pm

That is the advice given to them when they met a solicitor, as he was an overstayer, before they got married.

My sister/he's wife gave birth, one month before he's visa ran out and the baby had some complications. He was in special baby care unit for sometime,all the medical evidence was provided. This is the only reason they over looked the visa expiry, and they are paying for it every single day

Colombakolla
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Re: Please help-Desperate family-FLR-FP

Post by Colombakolla » Thu Sep 07, 2017 1:45 pm

I'm in the same boat....my wife went into premature labour, and baby had seizures etc, I do feel for u!!

However don't think there is anything you can do
Good luck chasing them after a compensation

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Re: Please help-Desperate family-FLR-FP

Post by CR001 » Thu Sep 07, 2017 1:52 pm

uknight007 wrote:
Thu Sep 07, 2017 1:38 pm
That is the advice given to them when they met a solicitor, as he was an overstayer, before they got married.

My sister/he's wife gave birth, one month before he's visa ran out and the baby had some complications. He was in special baby care unit for sometime,all the medical evidence was provided. This is the only reason they over looked the visa expiry, and they are paying for it every single day
Did they apply on the 10 year partner route or the 10 year parent route?? This is really important.
Char (CR001 not Casa)
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uknight007
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Re: Please help-Desperate family-FLR-FP

Post by uknight007 » Thu Sep 07, 2017 2:24 pm

CR001 wrote:
Thu Sep 07, 2017 1:52 pm
uknight007 wrote:
Thu Sep 07, 2017 1:38 pm
That is the advice given to them when they met a solicitor, as he was an overstayer, before they got married.

My sister/he's wife gave birth, one month before he's visa ran out and the baby had some complications. He was in special baby care unit for sometime,all the medical evidence was provided. This is the only reason they over looked the visa expiry, and they are paying for it every single day
Did they apply on the 10 year partner route or the 10 year parent route?? This is really important.
sorry about the delay, only just got through to the solicitor, Applied under Partner route.
He's previous leave was also granted on the partner route apprently.

Thank you

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Re: Please help-Desperate family-FLR-FP

Post by bathanza » Thu Sep 07, 2017 6:18 pm

Did he receive an acknowledgment letter stating "Your application raises issues relating to the European Convention on Human Rights which are complex in nature..." etc after submitting the application?

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

uknight007
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Re: Please help-Desperate family-FLR-FP

Post by uknight007 » Thu Sep 07, 2017 8:05 pm

bathanza wrote:
Thu Sep 07, 2017 6:18 pm
Did he receive an acknowledgment letter stating "Your application raises issues relating to the European Convention on Human Rights which are complex in nature..." etc after submitting the application?
Yeah he did....their solicitor has said most people get them, even if the case is straight forward.
But 16 months, undecided seems too long, are there people who have cases pending this long?

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CR001
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Re: Please help-Desperate family-FLR-FP

Post by CR001 » Thu Sep 07, 2017 8:18 pm

Yes there are people waiting longer than this, across various applications to the HO.
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Re: Please help-Desperate family-FLR-FP

Post by uknight007 » Thu Sep 07, 2017 8:50 pm

CR001 wrote:
Thu Sep 07, 2017 8:18 pm
Yes there are people waiting longer than this, across various applications to the HO.
It's appalling to know that.....I really hope there is a way, all these people who were wronged can come together for a class action style, lawsuit against the home office!!

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Re: Please help-Desperate family-FLR-FP

Post by CR001 » Thu Sep 07, 2017 8:53 pm

FLR(FP) is not a straightforward application and it will take as long as it needs to take, especially when the application is made by someone who is an overstayer.
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Re: Please help-Desperate family-FLR-FP

Post by bathanza » Fri Sep 08, 2017 10:58 am

uknight007 wrote:
Thu Sep 07, 2017 8:50 pm
CR001 wrote:
Thu Sep 07, 2017 8:18 pm
Yes there are people waiting longer than this, across various applications to the HO.
It's appalling to know that.....I really hope there is a way, all these people who were wronged can come together for a class action style, lawsuit against the home office!!
Really wish we could. The reason why I asked, is that the HO has stated to me, on several occasions, due to this the application is out of time and therefore no application time can be defined.

So if it's 6 months, 12 months, 2 or 3 years, they can use this. I wonder if they are stalling because of brexit and trying to avoid approve applications relating to ECJH until some clarity can be sought.

All I can say, he is not alone in his quest for legalization.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

uknight007
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Re: Please help-Desperate family-FLR-FP

Post by uknight007 » Fri Sep 08, 2017 9:52 pm

bathanza wrote:
Fri Sep 08, 2017 10:58 am
uknight007 wrote:
Thu Sep 07, 2017 8:50 pm
CR001 wrote:
Thu Sep 07, 2017 8:18 pm
Yes there are people waiting longer than this, across various applications to the HO.
It's appalling to know that.....I really hope there is a way, all these people who were wronged can come together for a class action style, lawsuit against the home office!!

Really wish we could. The reason why I asked, is that the HO has stated to me, on several occasions, due to this the application is out of time and therefore no application time can be defined.

So if it's 6 months, 12 months, 2 or 3 years, they can use this. I wonder if they are stalling because of brexit and trying to avoid approve applications relating to ECJH until some clarity can be sought.

All I can say, he is not alone in his quest for legalization.
I have seriously been considering of a lawsuit and where people can buy a share if they want to join in as well, and I just came across this website, its what I have been looking for...I am determined to pursue this, will keep you guys updated if anything comes out of speaking to law firms.

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