Post
by xavieryves » Sun Jul 22, 2018 4:23 pm
Hi all. Thanks for the above responses. The above mentioned former dependant, minor at time of my visa breach and now adult got his BC approval last week! Yay. I was fairly sure of his application as there is mention of minors not being affected by the transgressions of those they're dependant on.
I just wanted clarification as we're about to apply BC for my other former dependant who was an adult at time of my visa breach. I know the answers above say not guilty by association in terms of Good character. Fantastic.
My concern is the validity of that 3yr period itself. When I went to the first tier tribunal it was spelled out in the determination that had I informed the HO of my change of circumstances the visa would have been curtailed.
My worry is, as I was essentially on a "non valid" visa, consequently my dependants as well. Will this affect my former dependant's BC application?
As I mentioned above this issue has never been brought up in subsequent applications by my former dependant but I'm aware they will dig it all out.
The subsequent applications were:
as dependant of a different relative - refused for immigration rules "not an elderly parent living abroad alone under exceptionally compassionate circumstances...";
successfully appealed under Human rights Article 8 Private life + minor child's 7yr concession (this was no longer in existence, stopped a year prior I think, but was used by the judge in the ruling) - 3yr DL granted and a further 3yr DL + 2yr ILR now completed.
So 8 yrs since they ceased being dependants on my visa.
All the applications and appeals were in time. My former dependant's varied visas are from 2001, so 17yrs total with no gaps of any overstaying period to my knowledge, as I say my concern is that 3yr period from 2006-2009 (with the refusals and appeals, the visa was regularised in 2010, so 4 yrs I guess) and the reason why I am writing this.
Many thanks in advance for your help with this.
