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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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my FLRO application with my wife as dependent & the appeals

Customer Question

my FLRO application with my wife as dependent & the appeals have been refused. my 28 day to leave UK have started. Is it legal to apply another flro from my wife as main the applicant as she is pregnant . will it be accepted by home office & will I be allowed to continue my work during the process ?
after 28 day am I still be legal if the new flro application is submitted with in these days.
any suggestion on upper tribunal decision of refusing the right to appeal as an exluded decision.
Submitted: 4 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 4 years ago.

Why were the applications refused? Please give details.
Customer: replied 4 years ago.
I am in since oct 2008 . Done masters & then went on PSW mean while got married back in india my joined me in 2010 may give birth to a baby in feb 2012 . Due some our inter cast marriage we have threat our lives . That's why we chose to go for flro. But the reason for refusal is we don't come under any rules
Expert:  UKSolicitorJA replied 4 years ago.
Thank you,

When did your current visas expire and was the baby born in the UK?
Customer: replied 4 years ago.
1st April 2013 visa expired but applied in time . Baby born in uk and haven't traveled since 2010 due to the life threat back home in india
Expert:  UKSolicitorJA replied 4 years ago.
Have you been given the right to appeal against the refusal?
Customer: replied 4 years ago.
Yeah been to FTT got refused then went to upper tribunal for permission to appeal again got refuse with no right to appeal & with excluded decision.
Expert:  UKSolicitorJA replied 4 years ago.
Thank you.

There is nothing stopping your wife from making a new application including you and any children as her dependants.

She should do so as soon as possible as no action can be taken to remove your family from the UK until the new application is decided. You will not have a right to work I am afraid whilst the application is being decided as it is not covered by S. 3C of the Immigration Act as all appeal rights have been exhausted as far as the original application is concerned.

You may wish to appoint a specialist immigration firm to assist with the application, a search on Google will show you several firms specialising in discretionary leave to remain applications based on human rights grounds.

All the best
Customer: replied 4 years ago.

sorry for the delay.

for the new application from wife within 28 days, Is there will right to appeal in case of refusal ?

there is one more complication with us as my wife is 6 months pregnant and want to travel. will there be any consideration in this situation to extend our stay ?

Expert:  UKSolicitorJA replied 4 years ago.
Your wife should consult a doctor for advice whether or not she is fit to travel, and it would depend on the airline policy as to whether or not to allow her to fly.

The new application will not have. Right of appeal as you do not have valid leave to remain currently.

Hope this answers your queries.