10 year route flr(fp) or stick with asylum under Article 8 private and family life

[diamaond87]

Hi everyone,

i am new to this site so forgive me if i posted wrongly.

i have known my husband over 3 years been religiously married on the 1st February 2017 also living together from this date. We have a 4 month old son together, also i have a 6 year old and a 5 year old from previous relationship(my ex is not allowed near me or the kids i have proof of this)

my husbands history i try be best with dates

September 2009- came to the country illegally attended the police station from there taken to immigration office where he claimed asylum.

November 2009-age assessment was carried out which placed his age at 16
and granted him discretionary leave till march 2011 (with rights to appeal) because he was unoccupied child
my husband did not appeal the dicison

march 2011-application for further leave to remain in the uk

september 2011- case was refused and to be removed

october 2011 my husband served a noticed of appeal under section 82 immigration and asylum act 2002
I think this went for tier 1 tribunal for permission to appeal on points of law
this whole case was refused it was safe for him to return as adult and didn't provide enough reliable evidence. discrepancies in his case and credibility has been damaged.

from then he has been illegal in this country for 9 years he has blood relative in this country HO know this

right know his solicitor opened up his asylum case under Article 8 family and private life april 2017 we went to Liverpool submitted the documents that the solicitor told us IE photos of the wedding, full birth certificates of the children, school letter saying he pick kids up from school, 2 bills, my payslips, nhs letters (from when i was pregnant),

July 2017 sent new tenancy agreement as we had moved he is on the tenancy not joint

November sent the babies full birth certificate off.

from April 2017 my husband has been signing every 2 weeks.

22 DECEMBER 2017- contacted home office for update: response was nothing but a sorry for the delay

rang Mp update last week and was told no update on his case and article 8 has no time limit and could takes years for a decision

solicitor didn't do a fresh application as was were told and he said we should hear something in 6 months,after argument with the solicitor about the lies and the documents is not enough. he said he done it under flr(fp) 10 year route when he opend up his asylum case

we went to another solicitors he said we got two options leave it as it is submit more documents
option 2 fill out flr(fp) 10 year partner route fresh application with all documents but the asylum case would not close it will be 2 applications together but we would get a decision in 6 to 12 months.

the problem i have is we haven't been living together for 2 years and i know they need proof on why i can not live with him in Afghanistan with my kids, i have social services involved because of my mental health.
and my 4 year old daughter has chronic asthma and is on regular medication.

i have no idea on what to do. Should i apply for fresh application, or stick with the asylum one open at the momen. I just got a horrible feeling the decision is going to get refused as the solictor done a sloppy job.

Also if i done flr(fp) 10 year route can i change it later to 5 year route if can sponsor him when i return to work and try and get fulltime work?

please any infomation will be great.

THANK YOU

[CR001]

been religiously married on the 1st February 2017

For clarity, when you say 'reilgious marraige', do you mean an Islamic Marriage performed within the UK??

[CR001]

and granted him discretionary leave till march 2011 (with rights to appeal) because he was unoccupied child
my husband did not appeal the dicison

Also, this doesn't make sense. He would not need to appeal a decision if he was granted and issued DLR

[diamaond87]

been religiously married on the 1st February 2017

For clarity, when you say 'reilgious marraige', do you mean an Islamic Marriage performed within the UK??

yes islamic marriage in the uk

[diamaond87]

and granted him discretionary leave till march 2011 (with rights to appeal) because he was unoccupied child
my husband did not appeal the dicison

Also, this doesn't make sense. He would not need to appeal a decision if he was granted and issued DLR

That what i thought but. Thats what it say's exact wording " although the original decision engaged a right of appeal the appellant chose not to exercise this"
then i goes on to say
"on march 2011 an application for further leave to remain....."

[CR001]

been religiously married on the 1st February 2017

For clarity, when you say 'reilgious marraige', do you mean an Islamic Marriage performed within the UK??

yes islamic marriage in the uk

This would not be accepeted as a valid marriage then. You would therefore be considered unmarried partners.

[CR001]

and granted him discretionary leave till march 2011 (with rights to appeal) because he was unoccupied child
my husband did not appeal the dicison

Also, this doesn't make sense. He would not need to appeal a decision if he was granted and issued DLR

That what i thought but. Thats what it say's exact wording " although the original decision engaged a right of appeal the appellant chose not to exercise this"
then i goes on to say
"on march 2011 an application for further leave to remain....."

Was the appeal relevant to the failed asylum application??

Did he then submit a DLR application in March 2011?

It is very important to list the specific dates of everything and timeline of events for members to be able to offer any advice.

[diamaond87]

and granted him discretionary leave till march 2011 (with rights to appeal) because he was unoccupied child
my husband did not appeal the dicison

Also, this doesn't make sense. He would not need to appeal a decision if he was granted and issued DLR

That what i thought but. Thats what it say's exact wording " although the original decision engaged a right of appeal the appellant chose not to exercise this"
then i goes on to say
"on march 2011 an application for further leave to remain....."

Was the appeal relevant to the failed asylum application??

Did he then submit a DLR application in March 2011?

It is very important to list the specific dates of everything and timeline of events for members to be able to offer any advice.

ok found it: so he came over illegally on 19 september 2009.
22 0ctober 2009 aplied for asylum
5 feb 2010 the asylum application was refused by secretary of state.
but was granted DLR in the uk untl 17 march 2011

16th march 2011- filled out a HPDL form for extension of Discretionary leave

[CR001]

16th march 2011- filled out a HPDL form for extension of Discretionary leave

What happened to this application?

[CR001]

Thats what it say's exact wording " although the original decision engaged a right of appeal the appellant chose not to exercise this"
then i goes on to say
"on march 2011 an application for further leave to remain....."

It is still not clear what right of appeal or application this is referring to??

[diamaond87]

16th march 2011- filled out a HPDL form for extension of Discretionary leave

What happened to this application?

19th September 2011: this got refused with the rights to appeal my husband appealed on the 8th October 2011
20 December 2011 this went to tribunal service he tells me courts and the appeal got refused and was ment to leave the country (uk) this is when he absconded and has been illegal ever since.

[diamaond87]

would all this effect his fresh application flr (fp) 10 year route partner

[CMOSUK]

16th march 2011- filled out a HPDL form for extension of Discretionary leave

What happened to this application?

19th September 2011: this got refused with the rights to appeal my husband appealed on the 8th October 2011
20 December 2011 this went to tribunal service he tells me courts and the appeal got refused and was ment to leave the country (uk) this is when he absconded and has been illegal ever since.

Why did this get refused? I also thought there were no appeal rights for those granted DLR.

[diamaond87]

Hi,

in short my husband came over illegally on 19 september 2009.
22 0ctober 2009 aplied for asylum
5 feb 2010 the asylum application was refused by secretary of state.
but was granted DLR in the uk untl 17 march 2011

16th march 2011- filled out a HPDL form for extension of Discretionary leave it was refused and been illegal over here ever since

i have known him for 3 year, we been religiously married (we have certificate) and living together since 1st February 2011

we have a 4 month son, i am currently on maternity leave but spoke to my boss to see if i can come back early,
i can sponsor my husband as i will be earning £18,900 so over the financial requirement

but can i sponsor him if he has broken immigration law and has and is here illegally in the uk currently signing every 2 weeks?

[diamaond87]

sorry correction we have been religiously married and living together since 1st February 2017 not 2011

when he can over he was 16 years old the home office did a age assessment

[vinny]

Posts merged.

[vinny]

I don't think that he may apply for FLR(M) because of the long overstay.

[diamaond87]

I don't think that he may apply for FLR(M) because of the long overstay.

That what read on the flr(m) application the requirements you need to meet as partner. "The current stay in the UK must be lawful" So might have to go for flr(fp).

But why are these solicitors say I can sponsor my husband?

[vinny]

Ask them. They may have meant initially under the 10 year route. After grant of FLR(FP), he won't be an overstayer. If he satisfies the requirements under the 5-year route, then he may switch to the FLR(M) under 5-year route.

[diamaond87]

Ask them. They may have meant initially under the 10 year route. After grant of FLR(FP), he won't be an overstayer. If he satisfies the requirements under the 5-year route, then he may switch to the FLR(M) under 5-year route.

Hi Vinny
Thanks. We got a appointment on Tuesday with a new solicitor. I got all the questions I need to ask. So we might be able to switch later once/if he gets his visa on the flr(fp) then later switch. My husband is not fussed if it 10 year or 5 year he just wants his visa so he can work and not worry.

Thank you

[diamaond87]

Hi everyone,

I have a question I have searched on Google and find nothing.

So my partner is signing every two weeks in Croydon and liable to be detained. He is currently illegal over and not allowed to work.

He went to court a while back for harrassment with non violence.

He went to court and pleaded guilty. (as police had evidence of phone calls) he received a £20 fine nothing else.

We are currently do flr (fp) 10 year route on parent but I can sponsor him as earning above the financial requirements.

What I would like to know would this small offence effect his visa or his ILR.

As he is asking everyone they are saying it will

Has anyone on here got a criminal convictions and got their visa or ILR.
Thanks

[CR001]

Topics Merged (click

[CR001]

Why are you making a FLR(FP) parent route if you are in a relationship with him. It should be FLR(FP) PARTNER route.

The parent route is for single parents who are no longer in a relationship with the childs other parent.

A court conviction will impact ILR if it is not spent.