which FLR(FP) option?

[enyrb27]

Hello,

I have been living for over 14 years here in UK. My parents brought me whilst I was still underage - I’m now 26. My sister married an EEA national and now holds a PR card. I have tried the extended family member rout, but despite giving a range of evidence of financial dependency, my application was still refused (as I wasn’t dependent on the EEA before my sister got married - 2011). Should I make an application on Human rights ground ? I came here underage, have no connection in Brazil, even though I’m here illegally I studied and got a first class degree from a Russel Group university. I hold the British values very dearly. I would rather die than go back to my home country. Which application should I use in this case ? Thanks a lot guys!

[bathanza]

hello

Welcome to the boards.

Firstly, you've been overstaying your visa for 12 years and have studied here with a good education.

On what grounds do you have to base your stay? Do you have a partner? Any children?

To have your sister here is not sufficient enough.

You don't qualify as a person who can be granted leave if you've overstayed for 20 years, nor below 25 and lived up to half your age.

Your chances of success are very slim. In fact, because you're educated, the Home Office will see this as a positive and you can go back to your home country and work.

I understand that your sister holds PR. I am not sure if you were to leave to your home country if you can just come via the EEA FM route if she has PR? That would be EASIEST and most quickest way back.

In fact, how come you didn't do that before? Via a EU route its far easier to enter in the uk as an extended member than a British person, trust me, I know!

[enyrb27]

Hi,

Thank you for your reply. My sister came to the country with me as tourist and overstayed as well. However, she married an EEA national back in 2011, and now got a PR. We tried applying for me as family member dependent but the Home Office claims I cannot be dependent since we were before they got married therefore I'm not dependent on him - Even though I use their Joint Bank Account for pretty much everything. My parents are also here. They are trying to apply via the Direct family member route. The home office again refused their application on the same basis that we were here before and therefore the dependency can only be true after the marriage.

I came here underage, I have no links in Brazil. I didn't ask them to bring me and now they want to deport after living nearly half of my life here.

[bathanza]

The HO won't take on the view of compassion I am afraid

You CAN try to lodge on grounds because you were dependant child and came without your free will

Unfortunately you'll be up for a big fight, a very expensive one.

Perhaps other members will be able to assist too.

[enyrb27]

Hi,

Thanks for your reply! Really appreciate it!

Best regards,
xx.

[enyrb27]

The HO won't take on the view of compassion I am afraid

You CAN try to lodge on grounds because you were dependant child and came without your free will

Unfortunately you'll be up for a big fight, a very expensive one.

Perhaps other members will be able to assist too.

We have been getting refusal since 2011. It's terrible. We spent over 20K on application so far. But only as we don't see how we can live back in the country. My parents live here, they love my niece - the EEA national's daughter who is now a young girl. It's really sad.

[bathanza]

The only few hopes for a visa is either having a partner, a child or stick around until you qualify for 20 year's stay...

All I can say is that you're not alone

[enyrb27]

The HO won't take on the view of compassion I am afraid

You CAN try to lodge on grounds because you were dependant child and came without your free will

Unfortunately you'll be up for a big fight, a very expensive one.

Perhaps other members will be able to assist too.

Hi, thank you for your reply. Which form should I be using to fill the application on these grounds ? Do you have any idea ? Thanks again!

[bathanza]

FLR FP tick private life route.

[enyrb27]

Hi,

Thank you for your reply. My main points for this form are:

I came to England when I was 14 years old therefore I had no choice.
My parents brought me here illegally - they are appealing a Direct family member through my sister’s whose got a PR and is married to an EEA National.
I have been living in the same household since 2006 with my parents.
I got a first class degree in engineering from a Prestigious Uni.
I have no connections back in my country.

Would these be any good grounds for this application ?


Thanks!

[enyrb27]

Hello,

I arrived in 2006 ( I was underage 15 years old). My parents came two years before me.
We all overstayed our tourist visa. My sister married a EEA National on 2011. She
granted a PR last year. I tried applying as EEA extended family member but the application got refused as I wasn't dependent on the EEA national before 2011!

Now I want to file a FLR(FP) application. In all honesty, I had no choice in coming here! My parents pretty much forced me. I have studied and got a first class degree from a top Uni. I do not have links back home as it's been now over 12 years!

Can I use this application form ? Money is not the issue.

Thanks!

[enyrb27]

Hi Guys,

Anyone please help ?

Thanks!

[CR001]

FLR FP tick private life route.

You were already given advice in July when you asked