Flr application process time.

[Afraid11]

My children's father has just submitted a FLR application his cousin is his sponsor. Does anybody know how long it Will take before he receives any replies either the acknowledgment letter etc. Many thanks.

[Afraid11]

And his a overstayer of 13 years now what does anybody with the know think his chances are. To be honest i know nothing of immigration law. Thanks again.

[honeybee13]

Hello there.

 

Your questions are not something that everyone here knows about, I'm afraid. I'll flag this for the site team in case anyone can help and hopefully people in the know will be along soon.

 

My best, HB

[Afraid11]

Thank you.

[honeybee13]

No problem, please bear with us.

 

HB

[MARTIN3030]

His chances are not good especially with Home Office policies now.

What was his original visa granted for and how long ?

What is his home country ?

Are you both in a relationship ?

[Afraid11]

He was i think on a visitors visa not sure for how long. He is a Jamaican National and yes were in a relationship only recently though if that matters. Thank you.

[Afraid11]

I know some requirements are that youre in a relationship but its his cousin who is sponsoring him thats who house he lives at. They wanted all his cousins bank statements and a letter stating that he lives at x and is being financially looked after by. They wanted a letter from me detailing his relationship with his kids if he is in their lives a good father etc.

[honeybee13]

And his a overstayer of 13 years now what does anybody with the know think his chances are. To be honest i know nothing of immigration law. Thanks again.

 

Hello again. I don't know much about immigration law either, but here's a link to the UKBA site with information about visitor visas. It mentions 6 months, but I'm not sure if it applies in this case.

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/

 

HB

[MARTIN3030]

The big problem here is that he failed to return at the end of the visitor visa,which they will view as serious.

Technically he cannot apply for leave to remain since he has no permission to be here now.

There is different provisions if was claiming Asylum or had a valid case that to return to his home country would be a threat to his life etc.

Entry clearance for the UK outside EU member states is now very very strict,and it is likely that if he was applying from a foreign outpost,he would still find it very difficult because new rules came into effect on July 9th this year.

There are now tougher rules for family members and relations joining or visiting UK nationals and partners of UK nationals with leave to remain or settlement visas.

 

I feel pretty sure that any application will have to satisfy the current criteria.

This is very different to 13 years ago and in fact in the last 5 years there has been many many changes.

 

I will be honest here and say that I think the chances of a visa being granted are very slim.

In fact you may well find the UKBA and Home Office flatly refusing point blank.

 

Sorry to be expressing this way,but I am pretty sure that this is the reality.

There are Immigration advice sites,and also Solicitors,but the Gov has withdrawn financial support for the one which used to take cases on with legal aid (IAS)

I would strongly suggest that you seek some guidance from one of the support agencies.

[Afraid11]

Thank you very much for all the advice. His got a immigration lawyer paid for by his cousin who thinks his a good chance but obviously no guarantees. I'll keep you updated again thanks very much.

[MARTIN3030]

Yes please let us know how you get on.

I am very interested to follow the outcome.

 

For a visa 13 years ago it would have been visitor for family member or else tourist.

This is other big problem here,as if was visitor visa for same sponsors or family as now,they will be asking questions.

His best way at the time would have been to have applied for a spouse visa while here originally (if he was genuine with relationship with a woman)

I understand and know why so many people do not follow the exact rules as the Home Office has always only been interested in making lots of money from Spouse and marriage visas,where even all other EU countries have not made so difficult.

Sadly,there are many who have been given visas and abused the process,and now it is difficult for even genuine cases.

I am not going to pass judgment on this case here since it is not for me to do it,and I dont know all the facts.

But to be staying 13 years over is going to be difficult,especially since this length of time and avoiding detection,would have meant a big effort in hiding.

Edited September 8, 2012 by MARTIN3030

[Afraid11]

His been signing on at a border agency for over 3 years and they've never once mentioned to him about his removal. When he first started signing it was weekly then they changed it to every 2weeks. So imo they've not been in a rush to deport him he wasnt hiding from them they've had many chances 3years 2 get him out. So i think his lawyer Will use that if it goes to appeal.

[Afraid11]

The sponsor he has now is not the same person who originally sent for him. I just know that they've have lots of questions for him. He was with a woman for over 7years and they never did nothing to sort his status out I'm just hoping that he hasnt left it to late.

[MARTIN3030]

It is strange they did not try and talk him into applying for a spouse visa,but even a few years ago the cost of this was still lots.There was then a renewal after 1 year,followed by ILR after 2 years.

[MARTIN3030]

Of course if he had an application in before July 9th 2012,any decisions would normally consider the rules and conditions prior to this and not the amended conditions from July 10th.

[Afraid11]

How does these new rules effect his type of application please.

[MARTIN3030]

There are additional measures coming in from October which have already previously been announced.

From the outset,there are 2 sticking points worthy of consideration here.

Firstly,the scope and rights of appeal tor FLR refer to applicants OUTSIDE of the UK.

Secondly the right of appeal seems to be reserved for those who are in receipt of a current FLR Visa.

Do you know what the application made was under ?

FLR (P) in the case of a partner

FLR ® in the case of a relative

 

read this link.it explains in more detail.

I wonder if the application will be listed for consideration once the October rules kick in ?

My guess is that they are likely to be dealing with block applications and testing the waters with the new criteria.

 

http://www.ilpa.org.uk/data/resources/15113/12.07-Overstayers.pdf

[Afraid11]

Thank you for all the good advice i Will defo let you know the outcome and it might be able to help others on the site. Many thanks.

[Afraid11]

His application is Flr/o ECHR. His got his acknowledgment letter now just a waiting game.

[MARTIN3030]

Good.

[Afraid11]

Good.

Still waitin still havent got back my passport or kids bc or pp`s.

[scotgal68]

There is no way he can go from bring an over stayer with no valid leave to remain to a sponsored visa. You should've went down the spouse visa route or family member of an EEA national (you) If he has been reporting to to the HO and has reporting restrictions places on him, then he must already have an outstanding application. Under what grounds is he being asked to report?

[Afraid11]

To be detained or removed????? Unsure he was caught then told to report theyve never made any attemt to remove him.

[Afraid11]

His been signing still 2009 .