- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
sushdmehta wrote:Congrats!
What application did spouse & children make, that has been refused? FLR(FP)?
sushdmehta wrote:Given that you now have settled status:
Wife - FLR(M)
UK-born child - MN1
But if your wife doesn't have her passport how will she sit the English test to be eligible for FLR(M)? I don't know if any of the SELT providers accept alternate evidence of ID (e.g. - driving licence). The only other alternative for your wife is to apply for FLR(FP) afresh.
sushdmehta wrote:Just because you are a settled person and your children are eligible to be registered as British citizen doesn't mean that your wife automatically quaify to remain in the UK.
Since she does not meet the English language requirements, she will be refused FLR(M) leave - even if she applies for it. So, the only option that remains for her, IMHO, is to apply for FLR(FP) under 276ADE (1)(vi). Whether it will be granted or not is dependent on her proving that she meets the requirements.
Possible course of action:
1. Apply for FLR(FP)
2. Ask HO to return passport to undertake SELT (English test). Chase them relentlessly.
3. Pass SELT
4. Vary FLR(FP) to FLR(M).
And what is this "deadline" about, that you keep referring to?
sushdmehta wrote:Under which section is the right of appeal given. Please pen down what the letter states with regards to right of appeal. I suspect it will be under Human RIghts claim, and it is then I don't know if filing an appeal on that basis will help.
sushdmehta wrote:Then you can appeal the refusal only on "human rights" grounds (section 6 of human rights act 1998), not on any other basis.
Most difficult one to be granted, I believe.
Perhaps, it may be more appropriate to apply FLR(FP) afresh stating the it is undersirable for the applicant to live anywhere else but UK since the spouse has settled status (and will eventually become a British citizen) and both children are entitled to British citizenship!
Wait for others, more knowledgeable than I am, to suggest alternare course of action.