Visa options with UK citizen child

[gpm468]

Good evening. My wife is coming to the end of the 'first' (33 month) spouse visa and so I'm looking at applying for the 2.5 year visa 'extension'. I don't think we will have a problem meeting the criteria.

However as we now have a child (UK/British citizen) who was born since she arrived, can we apply on the basis that it would be unreasonable for her and my son to leave the UK? Would this give any advantages i.e. getting ILR (instead of having to reapply in 2.5 years) or reduce the cost? I am displeased about an unfair refusal for the last visa (at the additional cost of £1000 and a lot of heartache) and I am looking to utilise any options to the full i.e. reduced liability for visa fees now or in future.

[Casa]

There's no quicker route to ILR than the one your wife is already on. There are no short-cuts, with or without a British child.

[gpm468]

My wife is applying for FLR after the initial 33 month visa family (spouse) visa.

I've no concerns the application should be refused (i.e. she meets the criteria) however I am confused about how to answer the online form questions about where she's lived.

She first entered UK January 2005 on a visitor (6 month) visa
She overstayed (significantly) and left in October 2014 as required by Home Office (we married just before)
She was granted spouse visa (her current visa) in April 2015

1. The first question is "how long have you lived in UK" - is this 2 years 7 months, or 12 years 10 months?
2. If the answer to 1 is 12 years 10 months, then should she put that she was away from UK from Oct 2014 and April 2015?
3. When it asks about other countries lived in, should she include her home country (a) From birth to Jan 2015 and/or (b) Oct 2014 to April 2015?

Not sure what the next questions will be! Any help appreciated.

[gpm468]

I am confused about this. The online form for FLR is asking about both the applicant's and their sponsor's children.

My wife (applicant) and me (sponsor) have a young child together (he's a UK citizen), however I don't see why I have to give his details on the form as it's not required to meet the criteria for the application? However if I say 'yes' to 'Non applying children' then the form asks for the details. I want to say 'yes but I'm not giving the details'!

Can anyone advise?

[CR001]

You are required to give the children's details even if you are not applying for their visa.

[CR001]

Kindly keep all your questions on the same application in one topic.

See alsoTopics Merged (click)

[gpm468]

Ok I don't like the answer but I will accept it!

I did post on a new topic - it seemed it was successful as it showed by itself on a new page:
immigration-for-family-members/visa-opt ... 43854.html

but something seems to have gone wrong!

[gpm468]

Sorry I meant it came up on this page which no longer seems to exist:

immigration-for-family-members/non-appl ... 44016.html

[CR001]

Your topics have been merged. Keep ALL your questions in THIS thread please. It is not necessary to start a new topic with each question you have on the same application.

[gpm468]

Regarding "You are required to give the children's details even if you are not applying for their visa"

I changed my mind after I saw the further questions, such as the countries my son has travelled to. Huh??? I would still like to know (and I intend to write to UKVI and ask them) why information is being requested that is not relevant to making a decision on granting the visa?

(I'm not sure whether we need to meet the higher income level for 1 child (he is Brisish citizen) however we do anyway so that won't be an issue)

What possible details would I give about my son that might be reasonable grounds to refuse the visa application?

[CR001]

(I'm not sure whether we need to meet the higher income level for 1 child (he is Brisish citizen) however we do anyway so that won't be an issue)

No you don't. British children are excluded from the financial requirement.

What possible details would I give about my son that might be reasonable grounds to refuse the visa application?

It won't but witholding the information can be seen as possible deception or witholding material facts.

[gpm468]

Openly refusing to give information is not deception. And I can't see how the information can be relevant, and organisations are not meant to ask for personal information that is not relevant for the purpose it is being requested for. If they refused for not providing the information I can't see how that could stand up in appeal / court if it's not material for the decision being made.

[CR001]

Won't comment any further on this as you clearly know all the answers. However, do bear in mind that you are required to submit certain documents regarding the child per page 64 of the FLR(M) paper form but by all means, if you feel that aggrieved by the request of HO for the child's information (which they likely know about already anyway), then leave the whole section on children blank.

https://www.gov.uk/government/uploads/s ... -04-17.pdf

[gpm468]

I am questioning the right of the Home Office (or any organisation) to 'require' you to submit personal information that is (or appears to be, as far as I can see, correct me if I'm wrong regarding the child information) irrelevant and unnecessary to making a decision. The Home Office don't set the law, they have to follow the law (although they behave otherwise). Therefore my understanding is they have to make a decision based on whether you meet the immigration rules/criteria, and if you meet these, they cannot legitimately refuse an application? Regardless of whether you have omitted so-called 'required' information that is not in fact required to make a decision.

[seagul]

Just for information why you don't want to give British child information apart of the reason that it's not relevant.

[gpm468]

I object to having to submit private/personal information to authorities when they have no need of it. I also believe this is a breach of basic principles of law about not holding irrelevant information.

These are the questions which I don't see the need to answer with regard to my young son:

What is their relationship status?
Birth certificate of both of the child’s parents
Provide details of the role you take in the child's upbringing, including details of your parental responsibility or access arrangements
Does anyone else have parental responsibility for the child?
Child's living arrangements
Spoken languages
Does this child have extended family in the UK? Please list all extended family members this child has in the UK that are not included on this application
If you left the UK, do you and your children have family or friends in the country you would return to?
(the following three questions in relation to a 1 week holiday we had, not living abroad for any period of time)
Country they visited or lived
Date they visited or lived there from
Date they visited or lived there to

If you went for a job interview and they started asking all sorts of questions about your children that weren't relevant to the job, would you be happy to give the information? I suspect not.

[Casa]

A prospective employer isn't a Government department.

The questions about your child are partly to ascertain whether you would be able to settle together as a family outside of the UK if the FLR(M) application fails.

By all means, take the risk and withhold the information if you are prepared to complicate what you have said is a straightforward application. The choice is yours.