Incorrect Settlement endorsement, help needed

[baijal]

I was wondering if someone could help me with a query regarding UK VISA extension for my daughter (12 years) who is currently in UK. Her initial visa was applied from India using VAF 4A Family settlement and family Reunion application (based on Sole Responsibility) and this was allowed at appeal in 2015 and VISA is valid until early next year (same date as her Passport expire date). The issue here is that her visa stamp does not say ‘Settlement’ and it only say ‘TO JOIN FATHER/CYR…’, which we believe is an error. I contacted the British High Commission post who issued the VISA to confirm and I got below email response from them:

“The daughter was issued with a settlement visa to join father. There is nothing else we can send to confirm her status. This is now a in-country application and they should read the relevant rules and guidance on the Gov.uk website. It is also open for them to seek independents immigration advce"

Based on the above email, I sent an email to 'EntryClearance.Errors@fco.gsi.gov.uk' to correct the endorsement to highlight Settlement before I apply for BRP card using NTL application however I have not received any response from them since last 22 days. Ideally I should have got response in 5 days as per their automatic response email. Is it normal and I should wait or do I need to send reminder email?

Or Based on the British High Commission email response as above, shall I apply for BRP card using NTL application without correcting the endorsement?

Many thanks for your help.
Baijal

[CR001]

What does it say before 'TO JOIN FATHER/CYR'

You should have had this corrected, if it is an error, before she traveled.

[baijal]

Many thanks for the response.

It does not say anything apart from 'TO JOIN FATHER/CYR Name' in 'Type' heading. In comment section it only says 'No recourse to public funds'. No where 'Settlement' word is mentioned.
I was in impression that settlement visa looks like that only (as also confirmed by BHC over email) but when I was planning to apply extension, it got to know that visa should ideally mention 'settlement' word thats why I posted in this esteemed forum ?

regards

[CR001]

I dont' think it would say settlement. If you google images of it, even the spouse visa doesn't say 'settlement' in the last couple of years examples I have looked at.

[baijal]

yes, you are right but when i looked into NTL application, it says:

You must check the following when considering a no time limit application:
• the applicant has been granted indefinite leave, evidence of this could be:
o an indefinite leave to enter (ILE) endorsement
o an indefinite leave to remain (ILR) endorsement
o previous no time limit endorsements
o returning resident visas
o open date stamps after ILE/ILR has been granted
o records on databases, such as CRS or CID, or paper files that show indefinite leave
has been granted

As my daughter's visa only mention 'TO JOIN FATHER/CYR Name' in 'Type' heading, i'm worrying that her NTL application may be rejected if above condition is not fulfilled?
However, I'm not sure about last point 'records on databases, such as CRS or CID' which may be their database to check internally even if VISA does not explicitly says 'Settlement' or 'ILE'

Please help if it is safe to apply NTL in above circumstances?
Many thanks,

[CR001]

Why are you applying for NTL??

[vinny]

If you are also a British citizen or an ILR holder, then daughter should have been granted ILE (in the observation field).

If she was entitled to ILE, but not granted ILE, then ask for a correction. NTL requires prior ILR/ILE endorsement.

[baijal]

Thanks both CR001 and Vinny.

Sorry for not covering all the details in my earlier post.

My daughter's visa is only valid until 25th Feb 2017 which is same as her passport expire date. That's why I'm planning to apply for her BRP card using NTL application to extend her leave. As Vinny said, I'm concerned that its risky to apply her NTL before with out ILR/ILE endorsement. Currently in her visa, no where ILE/Settlement word is mentioned, not even in the Observation field. However, it is surprising that British High Commission Delhi (post where visa was initially applied) has confirmed in the email that they have issued her a settlement visa to join father (as mentioned in my original post).

I'm really confused what to do next, neither i'm getting response from Entry clearance to correct the endorsement, nor I'm sure if I can apply NTL with this correction even though i have email confirmation from British High Commission ?

Any advise would be appreciated.

Regards

[baijal]

Sorry to mention that I'm British citizen.

[CR001]

A settlement visa is not necessarily ILR/ILE. You seem to be confusing this word.

A spouse joining her partner in the UK is issued a spouse settlement visa but the spouse joining DOES NOT have ILR and has to go through the 5 year visa process first.

[CR001]

ILE does not usually expire, regardless of passport expiry. It appears she has been issued a child settlement (not ILE) visa, which requires renewing.

[baijal]

Thanks for clarifying about ILE and Settlement. Any idea which application/form I should use to extend my daughters current visa (in case current visa may be settlement but not ILE)?
regards

[CR001]

FLR(M)

[baijal]

I guess FLR(M) is only for Spouse /Partner and not for dependent child of settled Person who has got his/her sole responsibility. I am confused on what the next step would be? I have found this regarding the validity of the visa:-

http://www.ukba.homeoffice.gov.uk/po.../ecb9/#header8

ECB9.6 Indefinite Leave to Enter (ILE) and Indefinite Leave to Remain (ILR)

Applicants who are granted Indefinite Leave to Enter (ILE) at a visa issuing Post should have no time restrictions on their stay in the UK, that is, they can stay indefinitely. ILE carries the same entitlement as 'Indefinite Leave to Remain' (ILR) which is issued by the UK Border Agency to those who have already travelled to the UK. Anyone who has ILE does not have to apply for ILR when in the UK.

Although indefinite leave, by definition, will not expire, the ECO is unable to issue a visa to those who meet the criteria for ILE without putting a 'validity date' on the visa. In cases of ILE the 'validity date' on the visa should match the expiry date on the passport. When the applicant gets a new passport, they can apply to UK Border Agency for a transfer of conditions into their new passport. They do not need to apply for Indefinite Leave to Remain (ILR).

regards

[CR001]

It would say ILE if it was ILE. Suggest apply for a SAR to see what HO records say.

[vinny]

If you were a British citizen/ILR holder with sole responsibility when your non-British daughter applied for the visa, then they should have granted your daughter an explicit ILE. Ask for a correction.

However, if a parent was British otherwise than by descent when your daughter was born, then she is automatically British.

[baijal]

Yes Vinny, I was British citizen with sole responsibility when my non-British daughter applied for the visa using VAF4A under 297 rule so they should have given her ILE, but its not explicitly mentioned in VISA. I also was of same opinion and have applied for correction by sending an email to HO. However as mentioned in my original email, its almost 25 days, i have not received any response from them. Any idea how much time HO takes this currently to respond on the correction request?
Best regards

[baijal]

Thanks everyone indeed for their help and support. Let me check with some immigration adviser to clarify it further.
Best regards,

[baijal]

Thank GOD, today I have received email response from UKVI as below:
------------------------------
I acknowledge that an error has been made and therefore recommend that your daughter submits her passport along with a photograph to the following address:

EC errors
IOV Vulcan House (4th Floor Iron) 6 Millsands Sheffield S3 8NU

---------------------

I'm planing to send all the document to above address, but just want to check if I need to
send the required documents by post or submit in person as the address given below is different from one given on site i.e. Sheffield Visa Section, PO Box 3468 Sheffield S3 8WA ( http://www.gov.uk/government/publica...sement-ecb19)?
From the email also it is not clear. Any advise?
Regards

[CR001]

By post I would imagine. Send recorded/special/signed for delivery so that you have a record.

Otherwise, email back and ask them.

[baijal]

Finally yesterday, i have received amended VISA for my daughter, which is 'Indefinite leave to Remain -Settlement'. Now even I don't need to apply for NTL as new stamp states validity as 'Indefinite'.
I would like to thank CR001 for the help during this period.
Regards

[CR001]

Very happy for you that it all worked out and you got the correct validation now.

Any further questions, feel free to ask

[vinny]

Congratulations!