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Topic: Has anyone had their FLR(M) application changed to a FLR(FP) due to FR?  (Read 2682 times)

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Hello hello,
I recently talked to UKVI on the phone and one interesting thing the lady said was that she seemed to think FLR(M) applications that did not meet the financial requirements would often instead of being rejected get changed into FLR(FP) applications and then get approved. I understand that apparently UKVI are notorious for giving out false advise so I definitely want to double and triple check before believing anything from them but I would be curious if anyone on here had has such an experience or if there is any other precedent of this happening?
Thank you in advance!


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Re: Has anyone had their FLR(M) application changed to a FLR(FP) due to FR?
« Reply #1 on: October 28, 2020, 03:00:27 PM »
Hello hello,
I recently talked to UKVI on the phone and one interesting thing the lady said was that she seemed to think FLR(M) applications that did not meet the financial requirements would often instead of being rejected get changed into FLR(FP) applications and then get approved. I understand that apparently UKVI are notorious for giving out false advise so I definitely want to double and triple check before believing anything from them but I would be curious if anyone on here had has such an experience or if there is any other precedent of this happening?
Thank you in advance!

My understanding is that If you fail the FLR(M) requirements, they look to see if you have a claim under FLR(FP) the 10 year route of 4 X 2.5 visas to ILR. If you don't have a claim under FLR(FP), they look to see if you have a human rights claim before they refuse.

If you made an error on your FLR(M) application and do meet the requirements and have been offered the 10 year route and still have time left on your visa, you can reapply for FLR(M) (the 5 years to ILR route).

Do you think you won't make the financial requirements?
« Last Edit: October 28, 2020, 03:05:06 PM by Sirius »


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Re: Has anyone had their FLR(M) application changed to a FLR(FP) due to FR?
« Reply #2 on: October 28, 2020, 03:08:43 PM »
I have just looked at your past posts. this plan won't work for your girlfriend, as explained in this thread. 
https://talk.uk-yankee.com/index.php?topic=98689.msg1305040#msg1305040




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Re: Has anyone had their FLR(M) application changed to a FLR(FP) due to FR?
« Reply #3 on: October 28, 2020, 03:10:02 PM »
FLR(FP) is an exceptional circumstances visa which is granted outside the immigration rules in the case where the applicant does not qualify for FLR(M), but they have a strong case under Article 8: Right to Family Life in the UK. If UKVI determine that they should be allowed to stay in the UK under Article 8, they will be put on the 10-year path to ILR outside the rules, instead of having their visa refused outright.

If they do not have a strong enough case under Article 8, their visa will be refused, they will have 14 days to leave the UK, and all future visa applications will be automatically non-straightforward

In order to have a strong case for Article 8 and an approval under FLR(FP), you would have to prove:

- your partner has a UK citizen child living in the UK whose life would be severely disrupted if they were separated from their mother

- your partner's life would be in danger if she was forced to return to the US (i.e. due to war, famine, terrorism, natural disasters etc.),

- your partner has no living family members or means of support in the US, which would mean she would end up homeless and alone if she had to leave the UK

- you are ineligible to enter or are banned from entering the US (i.e. due to medical conditions or criminal convictions) which means you will never be able qualify for a visa to live there with your partner

- you and your partner will never be able to qualify for visas to live together in any other country in the world, and therefore the only way you can be together is if she is allowed to remain in the UK

FLR(FP) is not something you should be hoping for or aiming to get. It's a discretionary visa that is only granted to someone who cannot qualify for the proper visa. It's also more expensive because it doubles the time you have to spend on visas before you can qualify for ILR or citizenship (10 years instead of 5 years), and it means paying for 10 years of NHS use instead of 5 years, plus her not being able to qualify for UK benefits for 10 years instead of 5 years.

You'd likely be much better off with her either getting sponsorship to switch to a Tier 2 visa from inside the UK, or her returning to the US and living there until she can qualify for a visa to come back. It would save money on visa fees and could save several years of time spent in the UK on visas.
« Last Edit: October 28, 2020, 03:12:55 PM by ksand24 »


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Re: Has anyone had their FLR(M) application changed to a FLR(FP) due to FR?
« Reply #4 on: October 28, 2020, 03:52:22 PM »
Wow! Thank you for all your replies, they are very helpful!
If possible I would like to try and focus on the question at hand instead of going through my post history and deducing what I am trying to do. I understand that the FLR(FP) does not seem like a solution for us on paper and I appreciate all the messages I have received clarifying that but I would like to hear from anyone for whom this has happened (a FLR(M) application being changed to FLR(FP) by UKVI) and what the situation/experience was like. If that isn't a situation you have experienced or know much about please feel free not to comment.


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Re: Has anyone had their FLR(M) application changed to a FLR(FP) due to FR?
« Reply #5 on: October 28, 2020, 04:28:50 PM »
Wow! Thank you for all your replies, they are very helpful!
If possible I would like to try and focus on the question at hand instead of going through my post history and deducing what I am trying to do. I understand that the FLR(FP) does not seem like a solution for us on paper and I appreciate all the messages I have received clarifying that but I would like to hear from anyone for whom this has happened (a FLR(M) application being changed to FLR(FP) by UKVI) and what the situation/experience was like. If that isn't a situation you have experienced or know much about please feel free not to comment.

The FLR(FP) route has been around since July 2012 and I can only recall a couple of people from the forum who have been put on it in the last 8 years... and I believe those people only got it because they had UK citizen children living in the UK. I don't know if any of them are still around on the forum to answer though.

Basically, the only way you can be granted FLR(FP) is if:

either
- your partner (the applicant) has a 'parental relationship' with a UK citizen child who is living in the UK, and it would be unreasonable to expect that child to leave the UK
or
- you (sponsor) and your partner (applicant) would face 'insurmountable obstacles' to family life outside the UK

The reason we said previously that FLR(FP) would only be granted if you had UK citizen children living in the UK is because the majority of people without children cannot show that they would face 'insurmountable obstacles to family life outside the UK'.
« Last Edit: October 28, 2020, 06:23:14 PM by ksand24 »


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Re: Has anyone had their FLR(M) application changed to a FLR(FP) due to FR?
« Reply #6 on: October 28, 2020, 04:51:02 PM »
I can remember one case, the basic circumstances were a bit different but the main factor was that there were UK children involved.


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