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Urgent advice needed. PlZ Dont Ignore!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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hellog123
Newbie
Posts: 37
Joined: Mon May 16, 2011 4:43 pm
Location: UK

Urgent advice needed. PlZ Dont Ignore!

Post by hellog123 » Mon Jun 20, 2011 5:14 pm

I(dependent) and my mother(main applicant) applied for ILR 6 weeks ago. My father (dependent) had some urgent obligation abroad. And he cudnt apply with us.

My question here is if my father couldnt make it to UK before the expiry of his remaining Leave to Remain, under what Visa or category he would be allowed to come to UK, Spouse Visa ? or Indefinite leave to Enter ( IF my mother's ILR is approved.)

Is there any possibility that I get his passport via post and send it to Home office now before the LTR expires.?

The leave expires soon. So an urgent reply would be appreciated.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Urgent advice needed reg ILR. PlZ Dont Ignore!

Post by geriatrix » Mon Jun 20, 2011 5:17 pm

hellog123 wrote:The leave expires soon.
How soon (date)?

Your father is not eligible for ILE. If his current leave expires while he is abroad, then if he wishes to travel to UK after your mother is granted settlement, he will need to apply for entry clearance as spouse of a settled person.
hellog123 wrote:Is there any possibility that I get his passport via post and send it to Home office now before the LTR expires.?
No. Attempting to submit a leave to remain application on behalf of someone not present in the UK is - deception.
Life isn't fair, but you can be!

hellog123
Newbie
Posts: 37
Joined: Mon May 16, 2011 4:43 pm
Location: UK

Post by hellog123 » Mon Jun 20, 2011 5:38 pm

Its expiring in 1st week of july.

Is that the only option available? Applying as a spouse of a settled person?

And i wont be applying in behalf of someone. It would be duly signed and filled by himself.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Jun 20, 2011 6:22 pm

hellog123 wrote:And i wont be applying in behalf of someone. It would be duly signed and filled by himself.
You missed the point. Let me put it differently - an individual not in the UK cannot apply for leave to remain. If he attempts to do so, it will be deception.
Life isn't fair, but you can be!

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Jun 20, 2011 8:21 pm

The other option is that your father returns to UK before your mother is granted settlement (and before his leave expires) and applies for leave to remain (FLR(M)) before expiry of his leave.

If your mother is not granted settlement by then (date of FLR(M) application), he should mention in a cover letter that the main migrant (your mother) has applied for settlement and the FLR(M) application is to be considered accordingly.
Life isn't fair, but you can be!

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