Dependants of LR settled person

[smir]

Alhamdulilah

Set ILR granted

Applied FLR FP March 2014

Refused July 2014

10 year finish Dec 2014, sent additional grounds to tribunal and HO appeal unit

Appeal listed Feb 2015 but then moved further to July 2015

Appeal allowed,judge was reluctant to allow but barrister argued on CID of HO

HO appeal officer agreed to remit them back the case

HO asked to fill SET LR form and send them back, I did send in September

Approval letter received 30th October, dated 26th October
Non of documents returned but only passport returned to me

31st October received letter from DX courier that we missed you to deliver BRP card, as some one misinformed at property that I left since 2 months, so HO has told them to put it on hold till I request them and they are satisfied

Make Dua

With my approval I also received refusal of my dependent wife and UK born baby

Appeal was allowed for both of then but they give reason
1. Wife didn't submit English test - though I requested her passport back but they never replied back

2. Daughter born in the UK but non of parents are settled in UK - wierd as just before they mention that father got ILR

Guide. Me seniors on this please


Now lastly special thanks to Amber, Obie, Sudhmehta, Omor4real, Ihope and specially Zee Ali who was more worried about me

Zajakallah for help and guidance May Allah reward u all with guidance

[geriatrix]

Congrats!

What application did spouse & children make, that has been refused? FLR(FP)?

[smir]

Thanks Sushdmehta



I applied them as my dependent on FLR FP


HO allowed appeal then they send me letter to submit wife English test , I replied back that send us passport so she can give test as without passport she is not allowed.

They never replied back but just asked me to fill set LR form and send them back.

Then they sent decision my approval and wife and daughter refusal

Wife they stated that your human right claim is refused

Reason they give no English test, partner not settled

Same with daughter that father got ILR but mother refused and so neither parent is settled

What you suggest ?

Deadline is Saturday

File new FLR FP for wife or appeal ?

Should i appeal daughter too? Daughter born in UK, never left UK but her passport with HO

Or just file mn1 for daughter ?

Congrats!

What application did spouse & children make, that has been refused? FLR(FP)?

[geriatrix]

Given that you now have settled status:

Wife - FLR(M)
UK-born child - MN1 (that you are already aware of)

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.

[smir]

Thanks again

but fresh FLR FP has the provision that wife of settled person can apply ? and will they issue the visa ? as she dosent have any leave but only appeal right

dont know why in first place they didnt issue visa as that was too flr fp dependent..

any good if she goes for appeal ?

totally confused because at first i asked HO to release passport but they didnt even cared to reply back

please guide Sushdmehta as i have only time till coming friday..

please guide




or again they will refuse |?

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.

[geriatrix]

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 quaifies 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?

[smir]

Thanks for reply Sir..

Actually they refused my wife application with right of appeal.

In short when I applied FLR FP in first place, wife and daughter were my dependent, when i got appeal right they too were in my appeal, when my appeal was allowed their appeal too was allowed as they were my dependents.

Once my appeal was allowed, they asked for my wife english test and told also send them filled SET LR form.


I posted them my filled ILR form and also wrote that please release passport so that she can sit for the test.

But they never replied back regarding my wife, and just last week sent me decision with my approval, passport and refusal of my wife and daughter with right of Appeal

that appeal deadline is coming Saturday.

So was wondering if I appeal instead of making fresh application.. isnt it good ??

As previously i had already requested them to release her passport but they didnt.

So in front of Judge atleast we can say that HO didnt release passport but we are ready to sit for exam

What you say ?

Will FTT accept our appeal ? As HO has given us chance to appeal in FTT

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?

[geriatrix]

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.

[smir]

Thanks following as it reads:

This information notice accompanies the enclosed decision of refusal of your application of leave to remain

RIGHT OF APPEAL

You have right of appeal against these decision under section 82 of Nationaltily and Immig Act 2002, because secretary of state has decided to refuse your human rights claim

You may appeal against refusal of your human rights claim on the ground that the decision is unlawful under section 6 of Human rights act 1998. You should not appeal on the grounds which do not apply to you.

You may also give arguments and supporting evidence on the grounds you rely on.

You have 14 days from the date the letter is sent.

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.

[geriatrix]

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.

[smir]

Thanks


Can we also argue that we requested passport to release when HO demanded English test but they never replied

They confirmed that they received my letter but never responded to that topic


So you think if I appeal atleast it will come on board for hearing ??

Can't we put that

She is my wife

We liv together for 2.5 years

Have 2 daughters who are eligible for BC registration

And we can say that we are able to full financial req of 18600

Only English remaining and that too we want to sit but HO didn't responded


All seniors pl

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.