Immigration for daughter

[rbsjp]

So, should my wife make a settlement application as my dependent? And should I then file an appeal for my daughter? This can be done in 28 days. Or should I just re apply?

[physicskate]

So, should my wife make a settlement application as my dependent? And should I then file an appeal for my daughter? This can be done in 28 days. Or should I just re apply?

Reapply. The initial application has fundamentally changed.

[rbsjp]

Thanks. So re applying is the best option. How long is the initial visa granted for? And my daughter will cross the age of 18 while she will be on the dependent visa. So how will she get the visa extended? Will it matter during extension that my wife is living in UK?

[rbsjp]

How long is a visa granted to a family of person who has ILR ( through five year TIER 1 route)?
During this period how long can the family member stay outside UK? Will staying outside UK affect the visa extension?
What happens to children who are granted dependent visa before they are 18 and during extension turn more than 18?
Thank you?

[Wanderer]

ILR is indefinite but is lost after two years absence from UK.

[physicskate]

How long is a visa granted to a family of person who has ILR ( through five year TIER 1 route)?
During this period how long can the family member stay outside UK? Will staying outside UK affect the visa extension?
What happens to children who are granted dependent visa before they are 18 and during extension turn more than 18?
Thank you?

Lots of questions about the first question:
When did the family become dependent visa holders of the ILR holder? Before (on T1PBS Dependent visas) or after (on FLR(M) or VAF4A?). When were they issued the dependent visas? From inside or outside the UK?

During the visa period, absences should be short and for good reason. There should not be any suspicion that they are not living in the UK. There is no strict rule on how many days, but absences for months on end is inadvisable.

As long as a dependent proves dependency on a (parent), they will continue to be granted visas. However, if the child over 18 moves out of the family home, is in full-time employment etc... dependency would not be possible to prove and the dependent would need to qualify for either a student visa or Tier 2 general in their own right.

[rbsjp]

Family became dependent after grant of ILR to the sponsor. Applied from outside UK

[geriatrix]

Topics merged.



1. Initial leave is granted for 2.5 years. An extension will required to become eligible for settlement (ILR).

2a. Regarding absences for partner, see also previous guidance > Time spent outside the UK.

Current guidance > Appendix FM 1.0a: Family Life (as a Partner or Parent): 5-Year Routes > 4.4. Indefinite leave to remain requirements, just repeats that the Immigration rules must be satisfied and adds:

The first application for ILR on the 5-year partner route will not be received until 2017. This guidance will be updated to include full guidance for ILR applications closer to that date.

2b. A minor is not subject to absences requirement.

3. Provided the following conditions are fulfilled, a minor dependant who has reached full age will continue to be treated as a dependant for extension / settlement:
- not be married or in a civil partnership
- not have formed an independent family unit
- not be leading an independent life

[physicskate]

Thank you Sushdmehta for merging the topics. How annoying that so much relevant info was in other threads!

[Obie]

Alternatively, your wife, who is your child's mother, should also apply for settlement visa, to come and stay with with your daughter and you.

This is like a waste of time.

We did advise the OP several months ago that the visa was likely to get refused , giving the direction he was seeking to pursue, but it appears that the advise went on deaf ears and hence the consequences.

[rbsjp]

I am in Uk on ILR (Tier 1, 5 year ) route. I will be eligible for naturalization in March 2016. My wife and children are in UK on family of settled person visa.
My wife cannot stay in UK for extended period because of family circumstances in India.
My daughter who is 16 now will be staying and studying here in UK
My questions:
1. Is there a specific number of days, a person cannot be away from UK so that they dont lose the family of settled person visa?
2. If you can stay away from UK how long can you stay away and does it matter when you EXTEND the visa after 33 months
3. How do children extend such a visa as they grow older than 18 years, when extension comes up?

[vinny]

Topics merged.

1-2. Already answered.

[rbsjp]

MY wife, son and daughter will apply for further leave to remain at the end of this year. My daughter is now more than 18. I believe she can be included in the same application as she came on this visa when she was less than 18. Do my wife and daughter need to pass any English test? If yes which? How much I need to pay as fee? Is IHS also needed to be paid. I am a British citizen now got it after ILR through TIER 1 route. I earn more than £34000

[rbsjp]

My daughter came along with my wife on family of settled person visa in 2015. At that time I had ILR through 5 year TIER 1 route. Now I have UK passport and the visa of my wife and daughter come for renewal next year, My daughter is above 18 now. My wife wants to go back to India and does not want to extend her visa. Can my daughter apply for further visa extension on her own if my wife does not apply? Thanks for replies

[vinny]

Topics merged.

[secret.simon]

My daughter is above 18 now. My wife wants to go back to India and does not want to extend her visa.

298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:

• (a) both parents are present and settled in the United Kingdom; or
  (b) one parent is present and settled in the United Kingdom and the other parent is dead; or
  (c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
  (d) one parent or a relative is present and settled in the United Kingdom and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and

...

Be aware that as the child is past her 18th birthday, she will be unable to register as a British citizen and must meet all the usual (absence, one year of holding ILR, etc) requirements of naturalisation. Registration/naturalisation is not a part of the immigration pathway and is governed by different laws and different rules.

[rbsjp]

My wife, son and daughter were granted visa to stay with me in 2015. I got British Citizenship through TIER 1 5 year route. Now I have a British Passport. The visa of my wife and children is due for renewal. I understand that form FLR M needs to be filled. All other things are sorted, English test A2, and my salary is adequate. There is one question. My daughter is now more than 18 year old. She was granted the visa (leave) a bit latter than my wife and son, as there were some further clarifications. She got leave in Dec 2015 and wife in July 2015. I understand you can include children in FLR M application who were initially under 18. SO when should I apply for the renewal for my daughter? There is no form for her to apply alone

[CR001]

Which category of visa were they granted in 2015??

Useful to state exactly what visa they hold.

[rbsjp]

BRP says leave to enter Residence Permit

[vinny]

Topics merged.

Topics merged.

[vinny]

My daughter came along with my wife on family of settled person visa in 2015. At that time I had ILR through 5 year TIER 1 route. Now I have UK passport and the visa of my wife and daughter come for renewal next year, My daughter is above 18 now. My wife wants to go back to India and does not want to extend her visa. Can my daughter apply for further visa extension on her own if my wife does not apply? Thanks for replies

Applying with your children
You can add children to your application as dependants if they are under 18, or were under 18 when you first applied and do not live an independent life.

Include daughter with wife's FLR(M) application.

[Obie]

If he goes through FLR(M), they will qualify for settlement in 5 years, whereas if they continue and seek extension as PBS dependent, they will Qualify in 2 years. Seems like continuation under PBS dependent seems more logical.

[vinny]

But they originally came as family of a settled person!

My daughter came along with my wife on family of settled person visa in 2015. At that time I had ILR through 5 year TIER 1 route.

[Obie]

Thought the first time they came was in June 2010.

[vinny]

I'm guessing that they applied for entry clearance in 2015. Not sure how long they were away.