Dependants of ILR (long residence) applicant

[star17]

HI
i have my ILR application pending on the basis of 10 years lawful residence, i submitted application on the 27/3/2012 , i received a letter today for BIOMETRIC ENROLLMENT.


i have to apply for my wife and 3 children's visa extension in couple of days as there visa is expiring on the 20th May 2012 ( they are on DLR).

if i Guaranteed get my ILR then i don't need to apply for my children's visa (they will qualify for REGISTRATION AS BRITISH CITIZEN, as they born here in UK) and can save £840, as if my wife applies alone fees is £561 and with dependents its £1404.

i have two question to ask here,

1-when UKBA asks for BIOMETRIC ENROLLMENT for ILR applications, is it mean that ILR application is 100% successful?

2- shall i apply for my children or not even though neither i am sure about the outcome of my application nor about the length of time they will take to decide my ILR application?



regards

[Greenie]

1. No - all applicants who submit a valid application (i.e. correct form, fee, photos, form signed etc) are asked to give biometrics. It is no indication that your application will be successful.

2. Your choice. You might save some money by not applying for them but then again if you are not successful in your application they will become overstayers.

[geriatrix]

Children, if born in UK, will not become overstayers. They do not need any leave to remain in the UK.

So, unless they intend to travel before you are granted settlement and they apply for registration and then British passport and receive it, there is no need to apply for any leave for your UK-born-children.

[Greenie]

Children, if born in UK, will not become overstayers. They do not need any leave to remain in the UK.

So, unless they intend to travel before you are granted settlement and they apply for registration and then British passport and receive it, there is no need to apply for any leave for your UK-born-children.

if they have leave to remain, they will become overstayers, in that they will no longer have leave to remain. If for any reason the father's application is refused, they will then need to make an out of time application. Given the OP's not so straightforward immigration history, it may be risky.

[geriatrix]

1. INTRODUCTION
This section relates to children born in the United Kingdom on or after 1 January 1983 who are not British citizens because, at the time of their birth, neither of their parents was a British citizen or settled here. Such children do not have the right of abode and are subject to immigration control. They are not here unlawfully, however, and are not required to apply for leave to remain

So, if such children are not here unlawfully, then does it mean that just because a leave to remain was applied for in the past and has since expired, such children will be considered illegal / overstayers? Or are we talking of a technicality - that because they applied for leave to remain, they are now subject to the condition that remaining in UK beyond expiry of leave makes an individual an overstayer?

Apologies to the OP that I am using his topic to get clarification on my doubts!
But I hope the answer(s) will be useful for him too.

[Greenie]

I think it is a grey area. I believe that any child who was born in the UK can make an application under para 305 should they be allowed to 'overstay' and should their parent(s) be refused ILR but given further LLTR.

However, I think there are potential risks in leaving the child's leave to expire in cases where the parent's own application may not be straightforward. For example, if the father's application is refused, and no application has been made for the children, then the children would not be party to any appeal (if there was a right of appeal), in such cases children may have stronger grounds to remain in the UK than their parents and there would be a benefit in them being a party to the appeal.

Another problem could be for example that the children after 6 years of continuous DL (which according to the OP's previous thread is the leave they have) would be able to apply for ILR in their own right. In the event that the father's app is refused and they 'overstay' they will then have a break in their DL and will then not be able to apply for ILR on the basis of 10 year's DL.

[star17]

thanks very much for your replies sushdmehta and Greenie, such a wonderful points you both have made and gave me a good oversight about the matter in depth, and this really going to help me to make a decision.

i really appreciate your help

Regards

[Jambo]

I would agree with Greenie.

UK born children don't need to apply for leave to remain but have they applied for it in the past, they become subject to immigration control and can overstay.

Their immigration status is of course irrelevant if the father ILR application is granted and they apply to register as BC under section 1(3).

If the father application is refused and they overstay, they will be able to register as BC at the age of 10 under section 1(4) if they meet the residence requirement irrespective of their or their parents immigration status.

[geriatrix]

So, in a nutshell:

Best option, if not travelling: don't apply for leave to remain for a UK-born-child. The child can remain in the UK without leave and, if he stays for 10 years in UK, can become a British citizen in his own right.
Bad Option: If the child has applied for leave to remain, specially so if the chances of success of either parent's extension or settlement application is uncertain.

Good to know!

[vinny]

Yes.

[vinny]

HI

i recently submitted FLR(O) application for my Wife and three daughter's as her dependents before expiring there current leave, there current leave to remain was expiring on the 20th May 2012.

today i was looking the photo copy of submitted FLR(O) form and found my wife did not sign the declaration pages of Section 9 of the FLR(O) form.

they have taken money on the 30th May for £1404, i haven't received any acknowledgement letter so far.

problem is if they returned the application as an invalid( which they do anyway) my wife and daughters will have gap for those days i.e 20th may there leave to remain has expired.

my wife is completing her 10 years residence in less then 2 years time, and this gap will harm her that application as well.

>>how can i stop them returning that application as an invalid?

>>what if i post UKBA those pages again with cover letter, will that going to work?

>> what if call UKBA and tell them myself about this mistake?

i really appreciate you prompt replies.

Regards

HI 

i recently submitted FLR(O) application for my Wife and three daughter's as her dependents before expiring there current leave, there current leave to remain was expiring on the 20th May 2012. 

today i was looking the photo copy of submitted FLR(O) form and found my wife did not sign the declaration pages of Section 9 of the FLR(O) form.

they have taken money on the 30th May for £1404, i haven't received any acknowledgement letter so far.

problem is if they returned the application as an invalid( which they do anyway) my wife and daughters will have gap for those days i.e 20th may there leave to remain has expired.

my wife is completing her 10 years residence in less then 2 years time, and this gap will harm her that application as well. 

>>how can i stop them returning that application as an invalid? 

>>what if i post UKBA those pages again with cover letter, will that going to work?

>> what if call UKBA and tell them myself about this mistake?

i really appreciate you prompt replies.

Regards

This is not a quiz show so can you enlighten us as to your current immigration status, your family's current immigration status, and what they are all applying for using FLR(O)?

This is not a quiz show so can you enlighten us as to your current immigration status, your family's current immigration status, and what they are all applying for using FLR(O)?

thanks Lucapooka

my wife and daughters were on DLR and they applied for extension and my application for ILR on the basis of 10 years long residence is pending with UKBA since 2 months i was on DLR as well.

i know you must know better than me for sure, but i think it must be a general rule about " INVALID APPLICATION" which applies to all kind of application.

and Question is HOW CAN WE STOP THIS APPLICATION FOR BECOMING INVALID?

Regards

[star17]

sushdmehta, vinny and other senior members i was looking for you opinion about this matter .

Regards

[vinny]

i know you must know better than me for sure, but i think it must be a general rule about " INVALID APPLICATION" which applies to all kind of application.

and Question is HOW CAN WE STOP THIS APPLICATION FOR BECOMING INVALID?

Regards

Correct photos, payment, current Application Form; answer all mandatory questions; tick all relevant boxes, etc.

[star17]

HI

i recently submitted FLR(O) application for my Wife and three daughter's as her dependents before expiring there current leave, there current leave to remain was expiring on the 20th May 2012.

today i was looking the photo copy of submitted FLR(O) form and found my wife did not sign the declaration pages of Section 9 of the FLR(O) form.

they have taken money on the 30th May for £1404, i haven't received any acknowledgement letter so far.

problem is if they returned the application as an invalid( which they do anyway) my wife and daughters will have gap for those days i.e 20th may there leave to remain has expired.

my wife is completing her 10 years residence in less then 2 years time, and this gap will harm her that application as well.

>>how can i stop them returning that application as an invalid?

>>what if i post UKBA those pages again with cover letter, will that going to work?

>> what if call UKBA and tell them myself about this mistake?

i really appreciate you prompt replies.

Regards

HI 

i recently submitted FLR(O) application for my Wife and three daughter's as her dependents before expiring there current leave, there current leave to remain was expiring on the 20th May 2012. 

today i was looking the photo copy of submitted FLR(O) form and found my wife did not sign the declaration pages of Section 9 of the FLR(O) form.

they have taken money on the 30th May for £1404, i haven't received any acknowledgement letter so far.

problem is if they returned the application as an invalid( which they do anyway) my wife and daughters will have gap for those days i.e 20th may there leave to remain has expired.

my wife is completing her 10 years residence in less then 2 years time, and this gap will harm her that application as well. 

>>how can i stop them returning that application as an invalid? 

>>what if i post UKBA those pages again with cover letter, will that going to work?

>> what if call UKBA and tell them myself about this mistake?

i really appreciate you prompt replies.

Regards

This is not a quiz show so can you enlighten us as to your current immigration status, your family's current immigration status, and what they are all applying for using FLR(O)?

This is not a quiz show so can you enlighten us as to your current immigration status, your family's current immigration status, and what they are all applying for using FLR(O)?

thanks Lucapooka

my wife and daughters were on DLR and they applied for extension and my application for ILR on the basis of 10 years long residence is pending with UKBA since 2 months i was on DLR as well.

i know you must know better than me for sure, but i think it must be a general rule about " INVALID APPLICATION" which applies to all kind of application.

and Question is HOW CAN WE STOP THIS APPLICATION FOR BECOMING INVALID?

Regards

hi

i have got my ILR today (on the basis of 10 years residence),my wife has been in UK lawfully since 2004 and we are married since 2002.

time she spent in uk is from 09/2004 - 09/2008 Student Dependent and from 10/2008 - 20/05/2012 Discretionary leave to remain, we submitted FLR (O) for extension for DLR on the 19th May 2012 and after that situation is mentioned in previous posts.

we have not yet received there application back as an INVALID neither any Bio metrics letter so far.what are the chances if i send them a VARY REQUEST WITH FLR (M) form as fees is same and once they will get FLR(M) then we will apply ILR soon as well.

Concerns are

1- as current FLR(O) may be considered INVALID will they take VARY FLR(M) application in the presence of INVALID APPLICATION?
2- my wife has not yet passed LIUK test, can i submit application and book her a test and ask them to give us time to get that?
3- i dont know what financial documentation needed to submit with FLR(M) application i.e earning threshold etc

i will really appriciate your prompt reply, i heard that after 9th July this family route for been living together and apply for FLR(M) is closing soon

Regards

[vinny]

DLR was granted outside the immigration rules. Therefore, 284(i) fails. Consequently, FLR(M) may also fail.