Query regarding Set (F)

[amitrathi239]

Hi,

I am on 10 years ILR route and will complete 10 yrs on 7th April 2024.My visa will be expired on 4th April 2024 (3 days short).I believe that i can cover to hold the biometric and go only after 7th April.

I have query regarding my daughter's application. She was born on 5th Aug 2019 and birth location is UK. In the ideal case if i will get the ILR before 7th April 2024 then i can directly apply British passport for her. But due to the 3 days short i can not go early and not sure what will be the route for her.


is it possible to apply British passport for her when my ILR application will be in progress. Or do i need to submit visa extension for her. If yes which type of visa extension.

Thanks.

[zimba]

Your child is not British so you cannot apply for a British passport for her. A UK-born child is entitled to be registered as British when a parent settles. You need to apply using form MN1 after your ILR is granted. After she is registered as British, then you can get her a passport. She does not need a visa extension and her overstaying will be ignored. If she needs a visa to travel or for school/NHS, an extension will be needed using FLR(FP)

[amitrathi239]

Thank you very much for the response.

One more query i have regarding my application. What is the risk of rejection if i will apply 28 days before as my visa is short of 3 days to complete 10 years.

[zimba]

Thank you very much for the response.

One more query i have regarding my application. What is the risk of rejection if i will apply 28 days before as my visa is short of 3 days to complete 10 years.

You get rejected if you are not eligible. If you are eligible on the day of the decision, your ILR will be granted. There is no risk

[amitrathi239]

Hi,

I am on dependent visa (Graduate visa) and my 10 years will complete next year 7th April 2024.My wife's 10 years will complete on 25th April 2024 and she is the main application on Graduate visa.

I want to check if I can apply ILR independently as my 10 years will complete early.Is there any restriction in 10 years ILR route that main application has to file the application first or whoever complete 10 years first can apply.

Thanks

[meself2]

ILR (LR) is an individual application. Your wife has no influence on the outcome in this case.

[amitrathi239]

I will be completing 10 years of lawful residence on 7th April 2025, and my current visa is valid until 4th April 2025. Based on the 28-day rule, I am eligible to apply for ILR now.

If I submit my ILR application now and attend my biometric appointment next week using the Super Priority Service, the Home Office is expected to process my application within 48 hours.

Will the Home Office check that my visa is not valid until 7th April 2025, and could this cause any issues with my application if I proceed with an early appointment?

[zimba]

You claimed in 2023 that you will be eligible in 2024. what happened ??

Read: Applicants can benefit from the date of the ILR decision

[amitrathi239]

@Zimba Thanks for your response. sorry it was a typo in my previous post regarding the year.

I have submitted my application and opted for the Super Priority service, with my biometric appointment scheduled for March 20th.

Based on what I have read in other post, submitting my application within the 28-day eligibility period should be fine, even though my current visa falls short by three days of completing the 10 years.

Will the case officer on March 20th or 21st consider April 7th for the completion of 10 years and the current visa's validity until April 4th?

Please let me know if you have a different perspective.

[amitrathi239]

Also going through below thread. Section 3C will apply once you submit the application until decision came. In that case if decision came after 7th April then it's fine. But in my case I am going through super priority and expected outcome will be on 20th/21St March. With this timeline, i am not completing 10 years on 7th April as my visa is expiring 4th April.

https://www.immigrationboards.com/days- ... 62688.html

Sorry for the multiple posts, i am bit confused with what will happen in this case?

[zimba]

You will be eligible for grant of ILR within 28 days of completing your 10 years. It seems you failed to notice that

[amitrathi239]

Hi,
My wife, my son, and I applied for ILR at the end of March. Both my wife and I submitted our applications under Set (LR), while I submitted a Set (F) application for our son. All of us completed 10 years of continuous residence in the UK in the first week of April.

Last week, both my wife’s and my ILR applications were approved.

However, while doing some further research, I’ve realised that I may have submitted the wrong form for my son. Since he also completed 10 years of residence at the same time as us, I believe his application should have been submitted under Set (LR), not Set (F).

My question is: Will this be a problem for my son's ILR application? Given that both parents are now settled and there is still no decision on his application, is it possible that the Home Office will consider his application under the correct category, or will they require a new application?

Any advice or insights would be greatly appreciated.

[zimba]

SET(F) should succeed. Do not worry

[amitrathi239]

@zimba Thank you very much