How to get Birth certificates translated as they are not in English

[rahulsood]

1) Spouse entered UK in November 2012 on Tier 2 Dependent visa
2) I got my ILR in January 2014
3) Spouse Tier 2 dependent visa was valid for after January 2014 but, I applied for her Leave to Remain on the basis of my ILR and she was issued Spouse/Partner Leave to Remain (LTR) from 21 February 2014 till 21 August 2016
4) Before her LTR was completed, we applied for her Further Leave to remain a couple of months in advance and she was given FLR on 14 June 2016 till 11 Jan 2019.

Situation: We fall under the 5 year route to settlement

My questions:

1) Will the 5 year period start from when she entered UK in November 2012 or rather from when she got her LTR in February 2014 ?

2) If the answer to the above question is that the 5 year period will start from 21 February 2014, then we are in deep trouble because her current FLR is only valid till 11 Jan 2019 which is not within 28 days of 5 years from 21 February 2014. What should I do ?

I am asking this because on the guidance notes on the SET(M) form, it states the following under family life as the partner of a person present and settled in the UK (5-year route):

You will only be eligible to apply for indefinite leave if you were last granted 30 months limited
leave to remain as a partner and have completed at least 60 months with such leave
granted under Appendix FM on a 5-year route to settlement;

[zimba]

1) Will the 5 year period start from when she entered UK in November 2012 or rather from when she got her LTR in February 2014 ?

Why did you switch her visa to FLR ?? That was a bad move. She should have stayed under PBS dependat which made her eligible for ILR in 2017. FLR resets her ILR clock to zero so she has to wait until 2019.

2) If the answer to the above question is that the 5 year period will start from 21 February 2014, then we are in deep trouble because her current FLR is only valid till 11 Jan 2019 which is not within 28 days of 5 years from 21 February 2014. What should I do ?

Apply by post and then she will become eligible when the application is processed and biometrics are taken. The risk of refusal is low

[rahulsood]

It indeed was a bad move but at that time I wasn’t aware that the clock would get reset. I had always thought that her 5 year clock starts from when she entered the UK (November 2012) but clearly that was my misunderstanding.

Having said that, even if I had not moved her from pbs dependent to LTR, her pbs dependent visa was ending in August 2016. So, could I have still extended her PBS when I had become a British citizen already?

Regarding your point on applying by post, wouldn’t the case worker check the end date of her current leave which is 11 Jan 2019 and calculate the duration based on when she got her visa under this category which is 21 Feb 2014? This calculation won’t result in 5 years; it would fall short by approximately 40 days.

My concern is that I can now see we applying for her FLR again to cover the shortfall. Please suggest if there is any workaround or alternative.

Thanks in advance!

[zimba]

Having said that, even if I had not moved her from pbs dependent to LTR, her pbs dependent visa was ending in August 2016. So, could I have still extended her PBS when I had become a British citizen already?

Yes

Regarding your point on applying by post, wouldn’t the case worker check the end date of her current leave which is 11 Jan 2019 and calculate the duration based on when she got her visa under this category which is 21 Feb 2014? This calculation won’t result in 5 years; it would fall short by approximately 40 days.

No as the date which is most beneficial to the applicant will be considered, not just the date of application or posting. Apply by post and she will be fine as most applications will not be processed for weeks after sending

[rahulsood]

No as the date which is most beneficial to the applicant will be considered, not just the date of application or posting. Apply by post and she will be fine as most applications will not be processed for weeks after sending

Do you reckon this is definitely going to work ? I really doubt that. Let me know what you think.

I was rather thinking of contacting the Home Office (via letter or email) and explain them the situation and see if they are able to respond with a solution.

Can any one suggest an email address which I can use to contact Home Office please ?

[TreeHugger7]

Having said that, even if I had not moved her from pbs dependent to LTR, her pbs dependent visa was ending in August 2016. So, could I have still extended her PBS when I had become a British citizen already?

Yes

Regarding your point on applying by post, wouldn’t the case worker check the end date of her current leave which is 11 Jan 2019 and calculate the duration based on when she got her visa under this category which is 21 Feb 2014? This calculation won’t result in 5 years; it would fall short by approximately 40 days.

No as the date which is most beneficial to the applicant will be considered, not just the date of application or posting. Apply by post and she will be fine as most applications will not be processed for weeks after sending

Are you referencing to this paragraph ?




If yes, then won't 28 days before date of application earliest OP can apply for dependent or am I interpreting it wrong ?

[rahulsood]

If yes, then won't 28 days before date of application earliest OP can apply for dependent or am I interpreting it wrong ?

This is exactly why I am confused and I think no matter when I apply there is a risk of rejection. Let me know what you think

[zimba]

If the the date of decision will be within that 28 days, then you will be fine. If you are short of 40 days, then you simply need 10-12 days of delay to be eligible. 99.9% will not be processed within 10-12 days

[rahulsood]

Hi Zimba,

Thanks for your reply. Appreciate it has been long since we last exchanged posts. Based on your posts, I had waited up to this time to wait before preparing the application for my wife. Now, the time is closing in so, thought of checking a few things with you to be sure.

Based on the above discussion, I take that I should apply by post which is fine by me. As her current visa expires on 11-Jan-2019, we are planning to apply as close as possible - maybe around 10th or 11th Jan. I have a few questions though:

As per your last comment, you said

If the the date of decision will be within that 28 days, then you will be fine. If you are short of 40 days, then you simply need 10-12 days of delay to be eligible. 99.9% will not be processed within 10-12 days

1) I am not sure what you meant by "Date of decision" within that 28 days ? Which 28 days are you referring to and is it applicable to our case as mentioned above and will it be alright ?

2) If the postal application is made on 11th Jan 2019, for success, the Case worker should not pick the case before 20th February which is 40 days from the date of application. This duration of 40 days is the shortfall itself. What do you think are the chances of a case worker not picking up the application before 20th Feb ?

Let me know if you need more details to answer the above questions.

Many thanks in advance

[zimba]

1) I am not sure what you meant by "Date of decision" within that 28 days ? Which 28 days are you referring to and is it applicable to our case as mentioned above and will it be alright ?

The day the case worker actually makes the decision (case is processed). You can post the application today but it might not be processed for two months. If you will be eligible on the day when the case worker processes the application, then case worker will grant ILR regardless of the initial date of the application.

2) If the postal application is made on 11th Jan 2019, for success, the Case worker should not pick the case before 20th February which is 40 days from the date of application. This duration of 40 days is the shortfall itself. What do you think are the chances of a case worker not picking up the application before 20th Feb ?

I cannot say for sure. If you do not like the risk, then it's better to extend and vary to ILR instead

[rahulsood]

I appreciate your response and the fact that you can't say for sure.

However, in your experience, is 40 days or more reasonable for an application to be picked up by a case worker ?

[zimba]

Historically it takes more than that but I've seen faster decision times. I am not sure what the new online service will do to the timeframes

[rahulsood]

Historically it takes more than that but I've seen faster decision times. I am not sure what the new online service will do to the timeframes

Okay. So, is the only other alternative is applying for another extension and then apply for ILR ?

[zimba]

Yes. Apply to extend and then vary to ILR

[rahulsood]

Thanks Zimba !

Thinkig about my previous reply to you for my case, I initially said the case worker must not pick up the application within the first 40 days. Is that right ? Or is it 12 days ? I ask because after 12 days the application will be within 28 days of qualification. Can you confirm please ?

[zimba]

As I said, if it the decision day is within the 28 days then the caseworker should grant the ILR

[rahulsood]

As I said, if it the decision day is within the 28 days then the caseworker should grant the ILR

Thanks again Zimba !

[rahulsood]

Historically it takes more than that but I've seen faster decision times. I am not sure what the new online service will do to the timeframes

We are planning to submit the ILR application on 11th January' 2019 hoping the caseworker will pick up the application within 28 days.

As a final cautionary measure, may I ask if you have seen/known a similar case since the online application route was kicked in please ?

[rahulsood]

Any thoughts anyone please ?

[zimba]

I do not know such cases.

[rahulsood]

Okay Zimba - thanks for confirming your thoughts.

[rahulsood]

Okay, thanks Zimba.

As there are few examples after online applications have started, I have decided not to take the risk and apply for visa extension and vary ILR application after getting the visa extended.

Many thanks for everyone's inputs and valuable suggestions.

[rahulsood]

I am filling the application for my wife's FLR(M)/Family route extension.

For reasons beyond my sanity, the online application is asking for Birth Certificates of me and my wife as our daughter is not applying for the visa along with my wife. The reason my daughter is not applying for visa is that she is a British citizen already!

Anyway, the problem is that both of our birth certificates are not in English.

Can someone suggest if we can still submit them or do we need to get them (certified) translated ?

If we need to get them (certified) translated, what is the best and quickest way to get them translated please ?

Thanks in advance!

[rahulsood]

Apologies - I posted this here by mistake. It was meant for the section of Family route. Will post it there.

[CR001]

Apologies - I posted this here by mistake. It was meant for the section of Family route. Will post it there.

Your topics were merged. Please keep all your spouse queries in one thread, this one.

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