Immigrationboards.com

Hello Gurus

Please help me help a friend. Below is her immigration history
Student visa - SEP 2009 to Jan 2012
Applied for spouse visa in Jan 2012 and application was rejected in July 2012.
Appealed the decision and appeal upheld the rejection decision in March 2014
April 2014 had my baby born to my British partner so applied as dependent of a British child and the application was approved same day and was approved for 10year Route
Renewed the visa in Oct 2016 and this time changed to 5 year route
My visa is due for second renewal of 2.5 years in Nov 19.
My query is as follows
*Do I apply for Indefinite leave now considering I have been on child dependent visa for 5 years (ie April 2014 to date)
OR
Do I renew the visa for another 2.5 years and wait until when the 5 year route lapses.

Thanks in anticipation for your response

Was the appeal in 2012 filed in-time ??
Was the new application in April 2014 applied within 28 days of court of appeal rejection ?
If yes to both, then she can apply under long residence

Thanks Zimba for your prompt response
Yes the appeal in 2012 was in time but the new application in 2014 went in more than 28 days after the appeal rejection was received.

SUKEB wrote: ↑

Thu Sep 19, 2019 1:15 am

Thanks Zimba for your prompt response
Yes the appeal in 2012 was in time but the new application in 2014 went in more than 28 days after the appeal rejection was received.

Then your lawful residence is broken

I know the lawful residence have been broken given the new application in 2014 wasn't in time. However the lady has since become dependent of a British child. The initial route was 10 years and after the first 2.5 years, during the renewal she applied for the 5 year route instead (route was reduced from 10 years to 5 years). So my question is can she now apply for Indefinite leave on the grounds of 5 years lawful stay as a dependent of a British child (since 2014) OR does she extend the current 5 year visa by another 2.5 years and wait until the end of the current 5 year visa she was granted during the renewal before applying for indefinite leave.

SUKEB wrote: ↑

Thu Sep 19, 2019 8:16 am

I know the lawful residence have been broken given the new application in 2014 wasn't in time. However the lady has since become dependent of a British child. The initial route was 10 years and after the first 2.5 years, during the renewal she applied for the 5 year route instead (route was reduced from 10 years to 5 years). So my question is can she now apply for Indefinite leave on the grounds of 5 years lawful stay as a dependent of a British child (since 2014) OR does she extend the current 5 year visa by another 2.5 years and wait until the end of the current 5 year visa she was granted during the renewal before applying for indefinite leave.

No. She needs 5 years leave to remain on the 5 year route.

Thanks so much for the response. Much appreciated. At least we are saved the blushes of not sending the wrong application and wasting money