urgent help for ilr

[hasanather]

I got my ilr in february 2014 through the long term residency route. My wife came to the uk in october 2011 as my dependent on tier1 and from that time we have been living together , the lawyer told us that first she had to get her further leave to remain(FLR) in order to switch to ILR as I the main application got iLR through the ten year route.
so on 9th april 2014 my wife applied for her FLR and on the same day she got the approval.
ACCORDING TO THE LAWYER and my research SHE COULD APPLY FOR HER ILR THE VERY NEXT DAY AS SHE HAD COMPLETED HER PROBATIONARY PERIOD. (before july 2012 rules apply).

my baby thankfully was registered as a british as I applied for his registration as soon as I got ilr.

Due to some reasons my wife left the uk on 14th april 2014 with our baby and till today she is still in pakistan(4 months). She is planning to come back in january making a total of 9 months out of the uk . I m confused wether this can have adverse effect on hr ilr application or not although she has completed her probationary period . She cannot come back untill my baby recieves his british passport which is gonna take atleast 6 months as the application has been made from pakistan. The baby travelled on his paki passport and nicop card.
I am confused what to do now as the british high commmission pakistan says that my baby does not fulfill the criteria to get an emergency travel doccument otherwise I would call them soon.
Plz reply soon

[prem_singh123]

Hi you said your wife applied on 9th April for her FLR(M) and was successful. How long she got the visa for? Is it 2 years or 2.5 years??

Prem_singh123

I got my ilr in february 2014 through the long term residency route. My wife came to the uk in october 2011 as my dependent on tier1 and from that time we have been living together , the lawyer told us that first she had to get her further leave to remain(FLR) in order to switch to ILR as I the main application got iLR through the ten year route.
so on 9th april 2014 my wife applied for her FLR and on the same day she got the approval.
ACCORDING TO THE LAWYER and my research SHE COULD APPLY FOR HER ILR THE VERY NEXT DAY AS SHE HAD COMPLETED HER PROBATIONARY PERIOD. (before july 2012 rules apply).

my baby thankfully was registered as a british as I applied for his registration as soon as I got ilr.

Due to some reasons my wife left the uk on 14th april 2014 with our baby and till today she is still in pakistan(4 months). She is planning to come back in january making a total of 9 months out of the uk . I m confused wether this can have adverse effect on hr ilr application or not although she has completed her probationary period . She cannot come back untill my baby recieves his british passport which is gonna take atleast 6 months as the application has been made from pakistan. The baby travelled on his paki passport and nicop card.
I am confused what to do now as the british high commmission pakistan says that my baby does not fulfill the criteria to get an emergency travel doccument otherwise I would call them soon.
Plz reply soon

[hasanather]

Well I applied for my wife by a one day premium service so we got the decision the very same day. The flr is valid for a period of 2 years and the status is "spouse partner leave to remain"

[hasanather]

Please anyone reply !! Its urgent !!!!!!

[Amber]

We'll that was granted in error. However, she should be able to settle under Part 8 - rule 287(a)(i)(d). B1 English and LIUK. Evidence of a subsisting relationship when outside the UK.

[Obie]

We'll that was granted in error. However, she should be able to settle under Part 8 - rule 287(a)(i)(d). B1 English and LIUK. Evidence of a subsisting relationship when outside the UK.

Why was it issued in Error.

I thought if the spouse of a PBS Migrant arrived on that status on or before 9th July 2012, the are entitled to rely on the old rules.

[Amber]

The rules changed on 6 April 2014, which prevents that now unfortunately, the OP's spouse was lucky.

[Obie]

Really. It would be nice if all these are incorporated in Law, rather than discretionary policies and guidance.

[Amber]

The change in the rules (Part 8 ) was:

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:
(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:
(a) The leave was given in accordance with any of the provisions of these Rules;
and
(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and
(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant; and

Basically that's prevented all those who were PBS deps from switching into Part 8 of the rules after 6 April 2014.

However, as with all new rules, it took the Home Office/UKVI caseworkers a few weeks to cotton on that the rules had changed, hence there are some lucky.

[Obie]

Yes my attention was drawn to it when i was looking at Paragraph 285, but i could not penetrate it , for some strange reason.

Probably the Friday evening effect.

[hasanather]

It would be great if you guys can simply tell what do now, is ig safe if she stays till january making a leave of nine months ?? I m still confused

[Obie]

Why can't they issue a British Child a passport or travel document?

If you child has been registered, then he should be able to obtain a British Passport.

If he has been registered, why was he not able to obtain a passport.

You can apply for his passport from within the UK, why does it have to be 6 months?

[Amber]

Apply for a CoE as an alternative to a British Passport, they usually take 4-6 weeks. Assuming the child has or can get a Pakistan Passport.

[Obie]

9 Months is a long absence, and i am not sure if that will offend 287(a)(i) (d), although she could have qualified for it before she left.

Then again she does not qualify for it technically as the application was made after 6th April, but i am sure fairness will dictate they issue ILR to her under the provision above.

Also see Certificate of Entitlement.