Advice needed for dependant immigration status

[sam20]

Hello,
The background is me and my wife got T1 ENT in April 2014. In March 2017 we (me, my wife and one child) applied for T1 ENT Ext. Our second child was born after. While the application was under process I switched to ILR on the basis of Long Residency in March 2018 without making any changes to the applications of my dependants considering that Home Office will get in touch addressing directly to dependants that what to do further. I did receive the ILR in Dec 2018 but never heard anything back yet for my dependants, all the supporting documents which I submitted with T1 ENT Ext were returned to me except the passports of my wife and my child.

The question is should I keep waiting for them to reply on my dependants or should I switch my wife's application to FLR-M and my children's application for nationality? Please also bear in mind that the application they are holding is only for the elder child and there is no application for the younger child as he was born later. And whats the current Immigration status of my wife?

Many Thanks

[CR001]

Did you vary your Tier 1 Ent application to ILR LR??

Why did you not vary your dependents extension application to FLR(M) at the same time???

They don't qualify for a PBS Dependent extension anymore.

[sam20]

Yes I did vary from Tier 1 ENT Ext application to ILR LR.

My understanding was only I had to vary as only I completed the long residency and they will address my dependants as the same was happened with my friends application. Home Office corresponded with his dependant to apply into another category as her main applicant has varied the application and then they varied the dependants application.

They have never written to my dependants, they are still holding their passports and never returned the fee so obviously OVERSTAYING is not something which I should be worried of? Am I right?

Kindly advise whats the best thing to do now.

Many thanks

[CR001]

My understanding was only I had to vary as only I completed the long residency and they will address my dependants as the same was happened with my friends application. Home Office corresponded with his dependant to apply into another category as her main applicant has varied the application and then they varied the dependants application.

You risk your dependents being refused and then being without leave to remain since their last visas expired. You should have varied their applications or applied for FLR(M) at the same time, requesting HO to hold their apps till your ILR was processed. If you don't ask HO to do this, it isn't always done, it is not automatic as PBS Dependent and FLR(M) are completely different visa categories and immigration rules with different requirements and evidence.

They have never written to my dependants, they are still holding their passports and never returned the fee so obviously OVERSTAYING is not something which I should be worried of? Am I right?

Never assume anything when it comes to HO. It is ALWAYS the applicants responsibility to make sure they have made the correct application. applied in time and are not overstayers. You don't get a 'return of the fee' if their visas are refused. If you varied or vary their application you have to pay the fees and IHS again. The earlier Tier 1 Dep fees paid might be refunded.

[sam20]

Thankyou for replying promptly.

So should I contact the Home Office and ask them what to do in this situation or should I just file FLR(M) now?

Kindly advise what is the right way of doing it.

Thanks

[CR001]

https://assets.publishing.service.gov.u ... .0-ext.pdf

https://www.gov.uk/government/publicati ... -form-flrm

If you don't meet the financial requirement and she does not meet the English A1 requirement, you might need to do FLR(FP) 10 year partner route.

https://www.gov.uk/government/publicati ... form-flrfp

Note that the visas fees are £1033 for each applicant PLUS the IHS fee of £1,000 each.

Your UK born child can be registered as British on form MN1.

[sam20]

Appreciate your help.

Last question, when the dependant goes to FLR(M) or FLR(FP) during their visa can they switch to ILR LR or Long Residency is not valid for them anymore?

Many Thanks for your help

[CR001]

what is their immigration history?? Usually useful to state this when you start a topic before we give our time and advice for free as this could change what the response would be.

[sam20]

I appreciate your time and advice which is free indeed and obviously extremely helpful and I should have stated the immigration history first, apologies for that.

Aug 2012 - My dependant came over on PSW Dependant visa
Mar 2013 - We applied together for T1 Ent visa, which we got in Apl 2014
Mar 2017 - We applied together for T1 Ent Extension.
Mar 2018 - I varied my application on ILR LR (without varying my dependants application)

Now again the final question was if I submit FLR(FP) or FLR(M) then can my dependant go to ILR LR in AUG 2022 or Long Residency is not an option for her and have to complete FLR(FP)/FLR(M) time frame?

Thankyou so much for your help in clearing things out.

[CR001]

then can my dependant go to ILR LR in AUG 2022

Yes, provided their current pending application is not refused before you submit a new app or variation. They still require 10 years of lawful residence so best to act sooner rather than later.

Just to be sure, you have not moved address or anything or used a solicitor for tier 1 extension and not received the letter of whatever from HO for your dependents??

[sam20]

The address was never changed and I have done the application myself so hopefully it should be alright so far. If the 10 years lawful residency route is still valid in FLR applications so I better go with FLR(FP) just because there are less documentation to provide rather going for FLR(M). We meet the financial requirement though but acquiring English A1 will take few days obviously and after getting things cleared I really want to do it asap.
Hopefully thats the right step forward.
Cant thank you enough for helping out.
Regards