FLR(O) Discretionary Leave waiting times ..??

[Kukuwife]

Leonex45 comment in the other forum is right and in simple terms there is nothing like seven years rule. What the rules says is that primary consideration should be: if a child lived more than 7years in uk it should be considered as a starting point for integration into the educational, social and cultural system of uk. Other criteria will now follow such as the suitability and eligibility which are clearly stated in the rules. And the best interest of the child will be with the parents either in uk or outside uk

[Time503]

Just want to recap from my last post.To those who can remember,I was invited to the reporting centre,which I went with my lawyer and wife and son.I was basically interviewed and was told to report every Tuesday.A week after the interview I was sent a letter requesting for my wife's passport and our marriage certificate.We sent the requested documents 3 weeks ago .Just about an hour ago,my lawyer called me to I form me of the good news.I have been granted my visa for 2.5yrs.I haven't seen it yet but will go to collect it from my lawyer.It has been a struggle and I just want to praise Gid and thank everyone for there support and advise.i don't know how to celebrate or what to do.it feels like a dream and I can only say its just the beginning of more good news to come for everyone.To those who don't know my story s check my post....Jesus is lord...Remember that they can deny you for a while but they can never reach the inside of you that hope lies in..Pls keep the faith and continue to be strong.IT IS WELL

Congrats to you!!!! More good news to come for this is only but the beginning!!!!

Hello Time503
Please check your inbox.

Hi shareen check your inbox

[nilemarques]

HO promise not to run the racistvan ads.
http://www.deightonpierceglynn.co.uk/ne ... _1.htm#123

[Kukuwife]

nilemarques: thanks for the update on "go home van"

[nilemarques]

Most welcome @Kukuwife. Also got a bit of info for stop checks in the link below:

http://www.migrantsrights.org.uk/files/ ... uction.pdf

[shareen24h]

[quote="Time503"][quote="shareen24h"][quote="Time503"][quote="Kaban"]Just want to recap from my last post.To those who can remember,I was invited to the reporting centre,which I went with my lawyer and wife and son.I was basically interviewed and was told to report every Tuesday.A week after the interview I was sent a letter requesting for my wife's passport and our marriage certificate.We sent the requested documents 3 weeks ago .Just about an hour ago,my lawyer called me to I form me of the good news.I have been granted my visa for 2.5yrs.I haven't seen it yet but will go to collect it from my lawyer.It has been a struggle and I just want to praise Gid and thank everyone for there support and advise.i don't know how to celebrate or what to do.it feels like a dream and I can only say its just the beginning of more good news to come for everyone.To those who don't know my story s check my post....Jesus is lord...Remember that they can deny you for a while but they can never reach the inside of you that hope lies in..Pls keep the faith and continue to be strong.IT IS WELL[/quote]

Congrats to you!!!! More good news to come for this is only but the beginning!!!![/quote]

Hello Time503
Please check your inbox.[/quote]

Hi shareen check your inbox[/quote]

Hi time503

I have replied.

[shareen24h]

[quote="nilemarques"]Most welcome @Kukuwife. Also got a bit of info for stop checks in the link below:

http://www.migrantsrights.org.uk/files/ ... uction.pdf[/quote]


@nilemarques

Thank you for update the links.

[shareen24h]

[quote="Kukuwife"]Leonex45 comment in the other forum is right and in simple terms there is nothing like seven years rule. What the rules says is that primary consideration should be: if a child lived more than 7years in uk it should be considered as a starting point for integration into the educational, social and cultural system of uk. Other criteria will now follow such as the suitability and eligibility which are clearly stated in the rules. And the best interest of the child will be with the parents either in uk or outside uk[/quote]

Hi Kukuwife

Thank you for analysis. What about if applicant fulfil the following criteria.

EX.1. This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and
(ii) it would not be reasonable to expect the child to leave the UK; or
(b) (…)
This may sound familiar… Yes, it is the reincarnate child 7-year policy officially known as DP5/96, which was withdrawn in December 2008 in favour of incorporating its rationale under Article 8. The test under the new Rules is not as favourable as the more presumptuous test of children who had completed 7 years, which was that they should not be removed from the UK in absence of countervailing factors such as poor criminal or other conduct from the child’s parent(s). However, we can certainly work with a ‘reasonableness’ test and of course, s.55 and the best interests of the child would also come into it, which a forthcoming post will look into in more detail soon. Under this strand of EX. 1 however, the parent will only qualify for ILR after having held leave to remain for a period of 10 years.

[Kukuwife]

Shareen24: you are right with Ex1 but pls note that before that can apply the suitability and the eligibility must be meet.
I will not quote the ex1 again but provide the concluding part of that rule.which is as follows:

(b) the applicant has a genuine and subsisting relationship with partner who is in the UK and is a British citizen, settled in the UK, or in the UK with refugee leave or humanitarian protection; and there are insurmountable obstacles to family life with that partner continuing outside the UK.

Note this part B of this rule has been used to refused people who have British or settled husband by 1. the interest of the child should be with the settled spouse. 2. The unsettle spouse can relocated to home country and if they wish all of them can relocated with the unsetteted spouse. Pls note that most of this unjustify refusal may be overturned in court of law or the upper tribunal


The applicant does not need to meet the financial and accommodation requirements in E-LTRP.3.1-3.4 if EX.1 applies.
 An applicant does not need to meet the English language requirements in E-LTRP.4.1-4.2 if EX.1 applies. can qualify for leave on a 10-year route under the rules if either EX.1.(a) or EX.1.(b) applies. They do not have to meet both (a) and (b).

Regardless of whether the criteria set out in EX.1.(a) or (b) are met, an An applicant does not need to meet the financial and accommodation requirements in E-LTRP.3.1-3.4 if EX.1 applies.
 An applicant does not need to meet the English language requirements in E-LTRP.4.1-4.2 if EX.1 applies.applicant will not qualify for leave to remain under the Immigration Rules if they do not also meet the requirements set out at Section R-LTRP.1.1.(d)(i) and (ii):
(i)
(ii)
Suitability requirements:
S-LTR.1.1. The applicant will be refused limited leave to remain on grounds of suitability if any of paragraphs S-LTR.1.2. to 1.7. apply.
S-LTR.1.2. The applicant is at the date of application the subject of a deportation order.
S-LTR.1.3. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
S-LTR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months.
S-LTR.1.5. The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
S-LTR.1.7. The applicant has failed without reasonable excuse to- (a) attend an interview when required to do so;
(b) provide specified information, including physical data, when required to do so; or
(c) undergo a medical examination, or provide a medical report, when required to do so.
S-LTR.2.1. The applicant will normally be refused on grounds of suitability if any of paragraphs S-LTR.2.2. to 2.4. apply.
S-LTR.2.2. Whether or not to the applicant’s knowledge –
(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.
S-LTR.2.3. One or more relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £1000.
S-LTR.2.4. A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.
S-LTR.3.1. When considering whether the presence of the applicant in the UK is not conducive to the public good any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored.

 An applicant must be refused if any of S-LTR.1.2-1.7 apply.
 An applicant will normally be refused if any of S-LTR.2.2-2.4 apply.
Eligibility requirements:
 Relationship requirements – All of the relationship requirements
in E-LTRP.1.2-1.12 must be met.
 Immigration status requirements – E-LTRP.2.1.(a) and (b) must be met, i.e. an applicant must not be in the UK with leave as a visitor or with valid leave that was issued for a period of 6 months of less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings.
 An applicant does not need to meet E-LTRP.2.1.(c) (not on temporary admission or temporary release) if EX.1 applies.
 An applicant does not need to meet E-LTRP.2.2 (lawfully present in the UK) if EX.1 applies.An applicant does not need to meet the financial and accommodation requirements in E-LTRP.3.1-3.4 if EX.1 applies.
 An applicant does not need to meet the English language requirements in E-LTRP.4.1-4.2 if EX.1 applies.

Pls note am not immigration advisor.

[Time503]

Shareen24: you are right with Ex1 but pls note that before that can apply the suitability and the eligibility must be meet.
I will not quote the ex1 again but provide the concluding part of that rule.which is as follows:

(b) the applicant has a genuine and subsisting relationship with partner who is in the UK and is a British citizen, settled in the UK, or in the UK with refugee leave or humanitarian protection; and there are insurmountable obstacles to family life with that partner continuing outside the UK.

Note this part B of this rule has been used to refused people who have British or settled husband by 1. the interest of the child should be with the settled spouse. 2. The unsettle spouse can relocated to home country and if they wish all of them can relocated with the unsetteted spouse. Pls note that most of this unjustify refusal may be overturned in court of law or the upper tribunal


The applicant does not need to meet the financial and accommodation requirements in E-LTRP.3.1-3.4 if EX.1 applies.
 An applicant does not need to meet the English language requirements in E-LTRP.4.1-4.2 if EX.1 applies. can qualify for leave on a 10-year route under the rules if either EX.1.(a) or EX.1.(b) applies. They do not have to meet both (a) and (b).

Regardless of whether the criteria set out in EX.1.(a) or (b) are met, an An applicant does not need to meet the financial and accommodation requirements in E-LTRP.3.1-3.4 if EX.1 applies.
 An applicant does not need to meet the English language requirements in E-LTRP.4.1-4.2 if EX.1 applies.applicant will not qualify for leave to remain under the Immigration Rules if they do not also meet the requirements set out at Section R-LTRP.1.1.(d)(i) and (ii):
(i)
(ii)
Suitability requirements:
S-LTR.1.1. The applicant will be refused limited leave to remain on grounds of suitability if any of paragraphs S-LTR.1.2. to 1.7. apply.
S-LTR.1.2. The applicant is at the date of application the subject of a deportation order.
S-LTR.1.3. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
S-LTR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months.
S-LTR.1.5. The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
S-LTR.1.7. The applicant has failed without reasonable excuse to- (a) attend an interview when required to do so;
(b) provide specified information, including physical data, when required to do so; or
(c) undergo a medical examination, or provide a medical report, when required to do so.
S-LTR.2.1. The applicant will normally be refused on grounds of suitability if any of paragraphs S-LTR.2.2. to 2.4. apply.
S-LTR.2.2. Whether or not to the applicant’s knowledge –
(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.
S-LTR.2.3. One or more relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £1000.
S-LTR.2.4. A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.
S-LTR.3.1. When considering whether the presence of the applicant in the UK is not conducive to the public good any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored.

 An applicant must be refused if any of S-LTR.1.2-1.7 apply.
 An applicant will normally be refused if any of S-LTR.2.2-2.4 apply.
Eligibility requirements:
 Relationship requirements – All of the relationship requirements
in E-LTRP.1.2-1.12 must be met.
 Immigration status requirements – E-LTRP.2.1.(a) and (b) must be met, i.e. an applicant must not be in the UK with leave as a visitor or with valid leave that was issued for a period of 6 months of less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings.
 An applicant does not need to meet E-LTRP.2.1.(c) (not on temporary admission or temporary release) if EX.1 applies.
 An applicant does not need to meet E-LTRP.2.2 (lawfully present in the UK) if EX.1 applies.An applicant does not need to meet the financial and accommodation requirements in E-LTRP.3.1-3.4 if EX.1 applies.
 An applicant does not need to meet the English language requirements in E-LTRP.4.1-4.2 if EX.1 applies.

Pls note am not immigration advisor.

Leonex45 comment in the other forum is right and in simple terms there is nothing like seven years rule. What the rules says is that primary consideration should be: if a child lived more than 7years in uk it should be considered as a starting point for integration into the educational, social and cultural system of uk. Other criteria will now follow such as the suitability and eligibility which are clearly stated in the rules. And the best interest of the child will be with the parents either in uk or outside uk

Hello kukuwife,

I would like to add here that I was granted based on EX1 below as quoted by shareen below, I did not meet the b part requirements as stated by you. I know you did not make the law so can't be faulted for quoting it. With the HO, most times it depends on the caseworker. Personally I did not meet all those requirements above that you quoted.
My case was that I was an overstayer of about 11 yrs, cake in with 2 children they were not born here but are under 18 and had lived in the UK for continuously for over 7 yrs and it was unreasonable to ask them to leave. Infant this was clearly stated in the letter I received.

Having said this I must point out that its possible I was granted because this was my 3 application. I had been refused twice in the past in the space of 3 yrs and it dawned on them that I was not prepared to leave until I got what I desired!!!

All we have to do is pray and remain resilient until we get what we desire for all things are possible to the one that believes.
Cheers


EX.1. This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and
(ii) it would not be reasonable to expect the child to leave the UK; or
(b) (…)
This may sound familiar… Yes, it is the reincarnate child 7-year policy officially known as DP5/96, which was withdrawn in December 2008 in favour of incorporating its rationale under Article 8. The test under the new Rules is not as favourable as the more presumptuous test of children who had completed 7 years, which was that they should not be removed from the UK in absence of countervailing factors such as poor criminal or other conduct from the child’s parent(s). However, we can certainly work with a ‘reasonableness’ test and of course, s.55 and the best interests of the child would also come into it, which a forthcoming post will look into in more detail soon. Under this strand of EX. 1 however, the parent will only qualify for ILR after having held leave to remain for a period of 10 years.

[Kukuwife]

Time403
Absolutely right. Each case is difference and it also depend on case worker
Above all God is the ultimate and He will help us ALl

[Kukuwife]

Time503: going through your story again, if find out that you don't need to meet part B of the ex1. Because it doesn't applied to you.
And am such you have have meet all the suitability requirement not only that based on the fact that your children meet all the paragraph 276ADE. It will be unreasonable to drag the matter further because you will definitely win in court

[Shondra Sharma]

@kukuwife what if some one visa was refused and did appeal but lost in appeal, does it comes under removal notice or deportation order in my case my student visa was refused and did appeal but lost it after that I didn't make any application for a long time and I made a application on sept 2012 under my child lived in uk 7 or more years, private and family life category, been in uk 15 years (8 years legally+7 years illegally), I don't know what will happened? nearly 11 months to my application to home office, my child born here in uk and nearly 10 years old (with in the two months time).

[amjadleeds]

Hi everyone

My application for ILR is pending from oct 2012 , my family visa FLRO have refused on suitability requirement even kids in this country 9 years, two of them born here, two kids died in this country.

Guys any one visa / appeal been successful on basis of FLRO seven year rules of child in this country, please share information which be helpful and reduce stress level.

Regards
Amjad leeds

[Kukuwife]

@shondra sharma

1. After your appeal was dismissed, you did not go further may be due to advice from your solicitor or the judge did not grant you right of appeal.

2. What is the procedure involved for deportation and removal?
This may not be necessary however for information purposes:
Deportation order is served with notice of decision to deport and the deportation order will be issued.
Removals cases, removal directions are issued followed by a removal notice, stating the date of flight and flight number

3. On the issue of your new application it seems you have good chance of success since we have seen people been granted based on EX1.

4.You have a child that will be 10 years in less than two month. You should start thinking of how to register the child as a British citizen.

[Kukuwife]

amjadleeds:am sorry to hear the refusal of your family member flo. But try and go through time503 post. He and his family were granted based on flo.
If I may ask which of the suitability criteria was mentioned.

[Shondra Sharma]

@kukuwife when I lost the appeal after that I went underground for 6 years and then applied last year in sept 2012, probably I got a removal notice after I lost my appeal, I didn't notice that time, When I completed 14 years, to apply under this rule been with solicitor he told me once you refused your visa and appeal lost your clock stopped for 14 years, he told me no point you applying under this rule, you will be refused, that's why even I didn't apply under 14 years rules, been long time here still nothing, living in a limbo, employer kicked me out of job from 2009, difficult to survive, only hope if I am able to registered my child as a british citizenship, lets see what will happened? very tough life but still we are here, god bless and we all got a stay soon.

[Kukuwife]

Big Amen

[shareen24h]

[quote="Kukuwife"]Time503: going through your story again, if find out that you don't need to meet part B of the ex1. Because it doesn't applied to you.
And am such you have have meet all the suitability requirement not only that based on the fact that your children meet all the paragraph 276ADE. It will be unreasonable to drag the matter further because you will definitely win in court[/quote]

Hi Kukuwife

Thank you for your posting. If you have time please have the details of "paragraph 276ADE". Can we meet this paragraph?

[Shondra Sharma]

@kukuwife if you don't mind could you share your story plz?

[Kukuwife]

Shondra sharma: my spouse has been in the uk since 2004. She has been refused twice in 2007. She reapply 2010 it was also refused and then ask for reconsideration which we are still waiting for the decision. We have made further submission based on our child that was born and lived here for 7years.
I am on the flo form as a dependant.

[GLH2012]

The 7 years ie EX.1 is a concession by HO. Some caseworkers fail to apply it but I don't know if this will help but a friend told me she was refused based on HO insisting she could not switch in county from tier 4 to be a dependent on her husband's work visa. This was because she came to UK on her own merit and could not renew her visa at some point. Long story short, she was given right of appeal, according to her she did not indicate to the judge she had a kid. Whilst she argued human right based on her marriage and therefore should be included on husbands visa, the appeal judge asked her if she had kids she said yes. He asked how old she said 8years old. The judge called for recess came back and asked her to take down these notes and add to her argument. He literally dictated EX.1 for her and she took down the note and he allowed her argument and granted her based on the Ex1. He did that right in the presence of HO staff though that was not her argument in the first place. So you never know. We have to pray for Favour of God. There is nothing God cannot do.

[Kukuwife]

What a good judge.
And that is why most case of human right will succeed in court.
We pray for God favour

[Chidy]

@nilemarques

Thank you for the links.

[shareen24h]

[quote="Kukuwife"]What a good judge.
And that is why most case of human right will succeed in court.
We pray for God favour[/quote]

Hi Kukuwife

I think think you have studied lots in connection with you application and refusal. If you have time please have the details of "paragraph 276ADE". Can we meet this paragraph?