Withdrawing Administrative Review

[vinny]

Make fresh applications within 14 days. The date of application is subject to 34G. You could try their premium service.

[jimin95]

Make fresh applications within 14 days. The date of application is subject to 34G. You could try their premium service.

Our solicitor booker for PEO on April 28th and I'm panicking after reading your post. That's more than 14 days. Does that mean our PBS dependant visas are not valid anymore when my parents both got their ILR even though the expiry date is 2018? My sister and I are both over 18. Are we classiefied as overstayers? Or will we be classified as overstayers by the time we go for PEO on April 28th? My solicitor doesn't tell us anything other than our applications were refused and he booked us PEO on April 28 because it's the only available date.

[vinny]

The date of the appointment may be unimportant. Did he submit the online or post the applications in-time?

[jimin95]

The date of the appointment may be unimportant. Did he submit the online or post the applications in-time?

I'm afraid I can't follow. I'm sorry. I only know that the solicitor booked online for PEO appointment which will be on April 28th. But I'm not sure if he has submitted an application or not? Isn't the day of the PEO appointment the day we will submit the application itself? Could you specify a bit more? Thank you so much for taking the time to reply. It eases my worries a little bit.

[vinny]

You and your sister may submit the applications online prior to the appointment. If the applications were submitted online and in-time, then the date of the appointment becomes irrelevant.

Ask your solicitor if he also submitted the applications online within the time limit. If he hasn't, then do so quickly, if there is still time.

[jimin95]

You and your sister may submit the applications online prior to the appointment. If the applications were submitted online and in-time, then the date of the appointment becomes irrelevant.

Ask your solicitor if he also submitted the applications online within the time limit. If he hasn't, then do so quickly, if there is still time.

I have just sent him an email asking him about that. What's important is to send the applications in time, right? Does it matter if we haven't acquired the supporting documents we need for PEO? I'm curious how do you submit an online application? I've researching but I only saw the pdfs available for download.

Also, does that mean that our visa really was cancelled? Thanks for replying. Woke up early because I couldn't sleep due to this

[vinny]

I'm not sure how applicants could include supporting documents when submitting an online application. So, it may be okay just to take them to the appointment too.

[vinny]

Your dependants can apply to extend or switch their visas to stay with you if they’re already in the UK.

Your family members can apply online if they’re your:

partner
child

[jimin95]

I'm not sure how applicants could include supporting documents when submitting an online application. So, it may be okay just to take them to the appointment too.

In case my solicitor didn't apply online and is relying on paper applications the day we go for the appointment, could we still make an application online today? Even after everything is paid for the PEO service? I think we have already paid full for the PEO. I'm not sure but I think our solicitor was planning for us to apply the day of the appointment itself.

[jimin95]

Your dependants can apply to extend or switch their visas to stay with you if they’re already in the UK.

Your family members can apply online if they’re your:

partner
child

I'm curious whether that is still applicable us? My parents both now have ILR and my sister and I are applying for ILR as well.

[vinny]

In case my solicitor didn't apply online and is relying on paper applications the day we go for the appointment, could we still make an application online today? Even after everything is paid for the PEO service? I think we have already paid full for the PEO. I'm not sure but I think our solicitor was planning for us to apply the day of the appointment itself.

I think so. The PEO fee may be separate from the application fee. Ask your solicitor.

I think that the date of the application is more important than the date of the appointment.

[vinny]

I'm curious whether that is still applicable us? My parents both now have ILR and my sister and I are applying for ILR as well.

Oops. Perhaps you are right. There doesn't seem to be an online option.

Just to confirm, were they granted ILR under the 5-year route?

[jimin95]

I'm curious whether that is still applicable us? My parents both now have ILR and my sister and I are applying for ILR as well.

Oops. Perhaps you are right. There doesn't seem to be an online option.

Just to confirm, were they granted ILR under the 5-year route?

Yes. My father was granted ILR last year. My mum was granted last February. My mum, sister and I all applied at the same time as per rules that both parents has to have ILR before child dependants qualify. However only my mum was granted last month. So now, that leaves me and my sister with PBS Tier 2 dependants (over 18). It's the same visa since we came to UK in 2013 although we were both under 18 upon entrance in UK. My sister and I are gonna apply as children of settled persons in the UK. I'm worried if our visas are still valid now that both my parents have ILR.

[vinny]

I'm not sure if it would have been better to post the applications in-time and later upgrade? But then you may have another problem if the supporting documents are not ready for posting.

Ask your solicitor about how to overcome the date of application problem.

[vinny]

What were the expiry dates of your leave?

[vinny]

I'm an over-18 dependant visa holder which will expire in August 2018.

Oops, I had forgotten this very important piece of information. I'm very sorry for giving you sleepless nights.

If they did not send a notice of curtailment, then you have nothing to worry about. Granting your parents ILR is not a valid reason for curtailing dependants' leave.

Refusal and curtailment are different.

You are not an overstayer if they didn't curtail your leave! You may apply at any time prior to expiry of your leave.

[jimin95]

Hello everyone!

@vinny: that's alright. Do you know if there is a need for maintenance fund required for our settlement application (2 dependants)?

[vinny]

If your father was granted ILR under the 5-year PBS route and your mother was granted ILR as a PBS dependant, then children's ILRs are subject to 319J.

[jimin95]

If your father was granted ILR under the 5-year PBS route and your mother was granted ILR as a PBS dependant, then children's ILRs are subject to 319J.

Thank you for the link, vinny. I have read it and there is no statement that explicitly mentions maintenance fund other than this:

(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.

It's vague. Have you any idea?

[vinny]

When they granted your current leave, you must have already satisfied the same requirement, as in 319H(l).

I think that you should be okay.

[jimin95]

When they granted your current leave, you must have already satisfied the same requirement, as in 319H(l).

I think that you should be okay.

Thanks for the reply. I wonder if we would need to provide tenancy agreement. Our solicitor didn't mention any of that. We live in a 2 bedroom flat (1 double room and 1 single room. My sister and I share the single room and I'm afraid they may refuse our application due to this as it was a single room.

[vinny]

If the flat has another sufficiently sized, at least 50 sq feet living room, then you should be okay too.

Did you supply the tenancy agreement when you last applied?

[jimin95]

If the flat has another sufficiently sized, at least 50 sq feet living room, then you should be okay too.

Did you supply the tenancy agreement when you last applied?

We don't have a separate room for a living room. Our flat has 2 bedrooms (1 single and 1 double room), lounge etc.

As far as I know they didn't supply the tenancy agreement when we last applied (when we applied with my mother and she was granted ILR and my sister and I weren't). I've seen some examples of tenancy agreement online and I think the document doesn't really specify the layout of the flat? Also I've seen some posts in this forum about people applying for ILR using PEO and they didn't have documents to prove that they have sufficient accommodation, but were approved. Unless the tenancy agreement they supplied covers this?

[vinny]

Our flat has 2 bedrooms (1 single and 1 double room), lounge etc.

How large is the lounge?

[jimin95]

Our flat has 2 bedrooms (1 single and 1 double room), lounge etc.

How large is the lounge?

I'm not sure. But the lounge is somewhat connected with the "dining room". We don't have a room for the dining room as well. Out flat is a 2 bedroom (single + double room) bath, kit chen/, a big space/kinda like hallway where we designated a lounge and where we put dining table on the side.

My family is only living in our flat (flat A). It isn't shared accompdation.