please help

[joanie]

Dear moderators , advisors and all,
I am applying for set LR soon but it will be a variation as I am short of 35 days to complete 10 years. I have two children who were born in the UK . One holds a dependant visa while the other doesn't. I went to a solicitor to get some advice and he suggested that my children must apply for dependant visa with my partner. My question is do I need to include them in my partner's FLR M and apply dependant visa for them? I have read in this forum that children born here can apply for British passport once their parent gets ILR. When I told him that he said that children can only registered as British if their parents hold ILR before they were born, otherwise thry have to applyfor ILR. Pls can somebody advice me what's right? Cos, I can meet income threshold if I have to apply for all of us.
Thanks

[solospy]

You should fire your solicitor immediately. He is wrong. You don't have to include your children's in your partners FLR (M) application as long as you don't have any intentions to travel. Once you get your ILR under Set (LR) you can register your children's as British nationals on form MN1

[Obie]

Well he is right in some respect.

The children will need to be registered as British Citizen after you have secured ILR. They cannot obtained British Citizenship automatically, as they were obviously born before ILR was secured.

If they are 7 years and above, then exception 1 could be invoked, and the financial requirement, will not need to be met

[solospy]

"When I told him that he said that children can only registered as British if their parents hold ILR before they were born, otherwise thry have to applyfor ILR"

No the solicitor is not right in any respect. Solicitor said they can only be registered as British if the parent hold ILR before they were born which is completely wrong information

[joanie]

You should fire your solicitor immediately. He is wrong. You don't have to include your children's in your partners FLR (M) application as long as you don't have any intentions to travel. Once you get your ILR under Set (LR) you can register your children's as British nationals on form MN1

Thanks Solopsy, thats what I said. When we talked about varying our application from FLR O to set LR to cover shortfall of 35 days to conplrte 10 years, he said that it woulf be ab abuse of system as I had no chance of getting FLR O visa. What do you make about it?

[Obie]

Yes the solicitor is right. If at the time of the child/children's birth, either of the parent were not settled or British, then the child can only secure citizenship by means of registration. It can be in their own right, once they reach the age of ten, or once their parents acquire settlement status.

Therefore i am in total agreement with the solicitor in that respect.

As mother is closing 10 years of lawful resident, it is a logical deduction, that the children have not attained the age of 10. Therefore they will need to rely on their mother's successful application.

I don't accept that the parent need to add them to their application. It is optional.

[joanie]

Hi Obie
Thanks for your reply. I understand that they have to registered on MN1 before they can have British Passport. My kids are 6 and 2.

[solospy]

You are talking nonsense Obie. If you read my post correctly you would know that I said the child can register as British citizen using form MN1. Solicitor was completely wrong in implying that the child can ONLY register as British citizen if the parents had ILR before the child was born.

You are not reading the posts correctly.

[Obie]

I am obviously not talking nonsense, because I am not talking.

I misread the advice the OP alleged was given to her. This does not make what I have written nonsensical.

[solospy]

May be I should have said "you are writing nonsense" But anyways as a moderator you should know better. Just trying to give the best advise as i can. But one thing for sure you would read the posts more carefully from now on. Cheers

[Obie]

Thats alright solopsy. I take your criticism in my stride.

OP, how old are your children.

[solospy]

Obie Again Joanie has already mentioned in the post that the children's are 6 and 2. Please read the posts

[Obie]

Obie Again Joanie has already mentioned in the post that the children's are 6 and 2. Please read the posts

Perhaps if you had focused your attention on assisting the OP, rather than criticising me and her solicitor, and what you alleged i spoke or talked, i would have seen OP latter posts. In any event, thanks for pointing it out.

OP my advise is at follows.


Apply for your ILR, then your husband can use form FLR(FP) for himself self and the children, relying on the children, explain your situation to the Home office, that you are have applied for ILR.

Once your ILR is successful, you can simply vary your husband's application using FLR(M), and then register the children as British.

[aravindb4u]

Come on guys, this is a forum meant to help each other.chill down people and please refrain from using offensive words that would hurt others.
Solopsy, the moderator is just trying to help u, and u cant say someone that "u r helping nonsense". After all ppl r spending their time at this forum to help everyone for free....there may be minor mistakes, come on we r all humans. we can be bit more kind n polite towards each other. ... just my thoughts

[solospy]

The children's don't need to be included in the application. Why you want Joanie to spend so much money by including more dependents on her husband FLR application. Our advise should include the cost beneficial side of the things as well. As I mentioned previously once you get your ILR you can apply for the children's registration as British citizens. You can save money by not including children's in the FLR application.

[Obie]

Well i am not advising you , i am advising the OP.

OP did not complain that she had problem paying for the 2 children, she complained about meeting the financial requirement, which i think will rise up to close to 25k or more for the dependent children.

I advised OP what viable application she can make, as her spouse cannot rely on her status, unless she receives ILR.

The husband has a greater chance of been successful with his article 8 claim if they make an application as a unit with the children.

[solospy]

More dependents more money more financial requirement......Less dependents less money less financial requirement.......I rest my case. Best of luck Joanie

[Obie]

I disagree with you point. OP is free to take decides whose advice she wishes, not that I have seen a constructive and viable advice from you.

Unless and until OP is successful in her application, the children will be without leave. So I look at now. Registration is future. It will not take place until at least a year from today if everything goes well.

The husband cannot qualify to apply now, as the wife is not a settled person.

So what application and category are you suggesting he applies under? on the basis of children who have no leave to remain, or as a family which includes the children.

If OP had ILR, then I would have been in full agreement with your advice.

[Amber]

I think Obie just misread the original post, it certainly wasn't non-sense. Please bare in mind that immigration law may be more complex when relying on Article 8 claims.

OP two questions:

What is your current leave?

How long has your spouse/partner been in the UK?

[joanie]

Hi Amber
I am currently on PSW visa.
My partner is here since 2007.
thsnk you

[Amber]

As you are not a PBS applicant on a route to settlement and you do not meet the Financial Requirement, it would appear that FLR(FP) May be your only option. It may be wise for your partner to apply for FLR(FP) asking for a decision to be made once your ILR application is decided. Explain this on a cover letter and state that your children born in the UK will be registered as British as soon as you're granted ILR. The children, especially the one who has never had leave, don't require leave if you're not intending to travel. In 2017 your partner ought to be able to settle on SET(LR).

[solospy]

As you are not a PBS applicant on a route to settlement and you do not meet the Financial Requirement, it would appear that FLR(FP) May be your only option. It may be wise for your partner to apply for FLR(FP) asking for a decision to be made once your ILR application is decided. Explain this on a cover letter and state that your children born in the UK will be registered as British as soon as you're granted ILR. The children, especially the one who has never had leave, don't require leave if you're not intending to travel. In 2017 your partner ought to be able to settle on SET(LR).

Thanks Amber for confirming what I said before.....

[joanie]

As you are not a PBS applicant on a route to settlement and you do not meet the Financial Requirement, it would appear that FLR(FP) May be your only option. It may be wise for your partner to apply for FLR(FP) asking for a decision to be made once your ILR application is decided. Explain this on a cover letter and state that your children born in the UK will be registered as British as soon as you're granted ILR. The children, especially the one who has never had leave, don't require leave if you're not intending to travel. In 2017 your partner ought to be able to settle on SET(LR).

Hi Amber,
Thanks for your reply. If I don't apply for my one kid then my husband and the other kid can meet the income threshold. But however I prefer to leave the kids for now and register them later. Can I apply for my husband FLR M and ask to hold the decision while my ILR application will be pending?
One thing more I am short of 35 days to complete 10 years. (35-28= 7days)
So, I am thinking to put FLR O or FLR FP initially and vary into ILR. When I put the first application what form should I fill for my spouse? Only one form is enough for both of us or do we need to fill two forms and send them?
thanks

[Zee ali]

Hi Amber
I am currently on PSW visa.
My partner is here since 2007.
thsnk you

Put FLR FP not FLR O

[joanie]

Hi Amber
I am currently on PSW visa.
My partner is here since 2007.
thsnk you

Put FLR FP not FLR O

Hi Zee Ali,
Can you please emphasize out why FLR FP? Also did you mean it for my initial form or for my husband?