Please, I am new here, though has been following this forum.I need your opinion or expert advise.
I came to the UK in Sept. 2004 on student visa. Has lived lawfully up to date. However, my wife and two kids joined me in August 2008. I have one child born in UK in 2009. On March 9th 2014, my student visa was curtailed including my dependents with 60-days remaining leave. I applied on Flr (Fp) on May 5th as my two kids had only 3 months to clock 7 years. My application was refused and I appealed, then home office withdrew their decision on the day of hearing, as I completed 10 years lawful residence before the hearing date. In Dec. 2014, the caseworker wrote me that I could vary my application to indefinite leave on 10 year long residence which I did, bearing in mind she never mentioned anything about my dependents. I did vary my leave same month on postal application.
However, sometime in March 2015, the caseworker contacted my solicitor that I need to fill separate forms for my dependents to vary their own applications without any further payments. My solicitor advised she needs to put that into writing and sent to him. He did this for legal reasons. We waited for months and no letter came in. In July 2015, I wrote them to inquire about my application which they replied in August 2015, stating my application was then in active consideration and would hear from them in due course regarding their decision. They mentioned nothing about my dependents.
In December 2015, I raised a complaint thru email which they replied this January stating I need to fill in applications and sent to them regarding my dependents. Now my querries are:
i) What is the best form to use for my dependents bearing in mind I can't meet FLR (M) due to earning. Is it flr O or fp?
ii) Am I supposed to pay the health surcharge fee for my dependents, considering this happened before the fee started and home office was meant to send a letter so we could send the forms but they didn't? Bear in mind, the caseworker originally stated I had no further payments to make
iii) If I have to pay the surcharge fee, Do you think I should withdraw my daughter's application, the one born here to save cost on the surcharge fee then apply for her registration after my indefinite leave is granted or should I vary her own application to registration by filling the registration form and paying the fee difference since no decision has been reached on our applications, then back it up with letter advising home office to withhold decision on her application until my indefinite leave is granted.
Your advice will be appreciated,thanks.
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