ILR in person application on hold - what about dependants?

[sher1234]

Hi All

I am on ILR and applied for my wife ILR through premium service at London Croydon on 24th March 2016. Initially it was refused stating that she had a 79 days VISA break. I had some medical documents for the same and provided it to them during the decision discussion. Then they took back the refusal letter and provided me a letter stating that the application is valid and will need some more time to take decision on compassionate grounds for the application. The case worker told they will call me back the very next working day(28th March 2016) to discuss what is the decision.

I have not got a call back. All the original documents for my wife is with them and the current ICT TIER 2 VISA for them is expiring on 29th April 2016. Is there anyway to contact them to understand the decision?

Also are there anybody who is experienced in this matter.

Regards
Shamseer

[Casa]

Unfortunately, applications submitted at the PSC which require further verification and a decision at a more senior level, join the postal queue (but still charged at the premium fee).

[sher1234]

Hi Casa

Thanks for the quick reply. I have 2 children as well for whom I need to apply ILR considering my wife's decision. But it looks like, this is not likely to happen soon as the postal timelines are up to 6 months..

They are currently on tier2 ICT dependent VISA. Even if I am on ILR, can I extend them under the same category - TIER2 ICT dependent?

Regards
Shamseer

[geriatrix]

Yes.

[sher1234]

Thanks Geritatrix for the reply

4 more questions

1. Can my kids TIER2 ICT VISA be extended without extending my wife as the decision is still pending for her with the home office.

2. I called a solicitor today and he told that when he asked at Croydon, they told that the application is still under progress and hope to make the decision in 14 days.

3. Will they provide the money back additional £500 which we paid to get the decision the same day.

4. Is there any number which we can call them to request for an update?

[geriatrix]

1. Your kids are not on a Tier 2 (ICT) visa but a "PBS dependant" visas. When is their current leave expiring? If they are UK-born, there is no need to apply for extension.
2. "Hope" doesn't always translate to "will".
3. No.
4. No.

[sher1234]

Thankyou again Geriatrix. You are a star for the fast responses which you are providing. My children were not born in the UK. I hope these are my final questions for the day.

1. Normally I have extended the dependent VISA's through my company. This is the first time, I will be doing this by myself. Can you please provide me a link to the application process. My understanding is that this will be for 2 years 6 months.

2. since I was on TIER2 ICT perviously, do I need to pay this healthcare surcharge?

3. Regarding funds availability, it is mentioned that "Each dependant must have £630 available to them whether they apply with you or separately. This is in addition to the £945 you must have to support yourself."
If I am on ILR, still do I need to show £945 for me?

4. Naturalisation - I am planning to apply for Naturalisation in Sep 2016. In case if I receive the same, since my wife and kids would have been here with me for 3 years, will we be eligible to apply direct naturalisation for them without ILR in Sep 2018?

[CR001]

4. Naturalisation - I am planning to apply for Naturalisation in Sep 2016. In case if I receive the same, since my wife and kids would have been here with me for 3 years, will we be eligible to apply direct naturalisation for them without ILR in Sep 2018?

No. They need ILR before they can qualify for citizenship.

[sher1234]

Hi CR001,

can you please provide the update for the remaining 3 questions please?

[CR001]

Hi CR001,

can you please provide the update for the remaining 3 questions please?

1. What makes you say they will get a visa for exactly 2 years and 6 months? What visa are you apply for that is so specific in duration?

2. Not if your dependents extend their Tier 2 ICT dependent visas

3. I don't know

[noajthan]

My children were not born in the UK. I hope these are my final questions for the day.

...

4. Naturalisation - I am planning to apply for Naturalisation in Sep 2016. In case if I receive the same, since my wife and kids would have been here with me for 3 years, will we be eligible to apply direct naturalisation for them without ILR in Sep 2018?

Minors do not naturalise they register.

Foreign-born children of non-British citizens need to register as citizens; this is at the bountiful discretion of the Home Secretary.
Such minors need to live in UK, be free of immigration time restrictions (have ILR) and show their future lies in UK.

Applying without ILR for such a case will not fly.

[secret.simon]

I have 2 children as well for whom I need to apply ILR considering my wife's decision. But it looks like, this is not likely to happen soon as the postal timelines are up to 6 months.

Were the children included in your wife's ILR application? If not, why not?

Typically, the immigration status of children is in line with that of the less privileged parent. If you applied for all of them together, they would all be considered together and would all be under Section 3C leave currently.

[sher1234]

Hi

The children were not included in the ILR application as the solicitor advised that this is a complicated case due to VISA break and hence it is up to case worker discretion. So not to loose all the money, advised to go with only wife's application. I was also waiting on for some funds to come through before I can book their appointment. It is a lot of money right..

[sher1234]

Hi Gurus

can you please help with the below. Apologies, if this has already been answered in some other post

1. Since my wife's ILR decision is pending with home office, if I was to extend my kids VISA under PBS dependent via post, should I mention anything in their application regarding my wifes application?

2. Also, is there any chance I can go for my children ILR without my wife's decision being made?

[sher1234]

Hi all,

Unfortunately got my refusal letter today for my wife. It says I can appeal.. But I am not planning to. I am planning to extend tier 2 pbs dependant visa for her.

In the letter it was mentioned that the original documents is enclosed.. But it was not there.. Will they send it separately? Like old BRP card, degree certificate etc..

Regards