I've settled, but kids overstaying. Impact on wife's visa?

[nickmpco]

Sorry for posting here so much lately, but it seems to be one thing after another.

I was informed via email that my ILR application Set(O) was successful on 2nd October. My wife's and UK born children's dependent visas expire on 6th October. My wife has applied to extend her tier 2 dependent visa (not eligible to settle yet), and we are waiting for my BRP to register my kids as British citizens. There has been a delay to receiving my BRP and I was not able to get a biometrics appointment quickly so my kids are now technically overstayers (although they are all under 10). However, I did settle before their visas expired.

Today, my wife received a rather ominous letter from the case worker making a duty of care request because our children are not applying for any extension despite their leave expiring. We responded immediately stating that we were waiting to submit the MN1 application until after my BRP has arrived.

Would this be grounds for refusal for my wife's visa, that we have let our children overstay their visa? We thought everything we were doing was above board, but now we are feeling very worried and paranoid given the wording of the letter. Do you think it would be best if we apply registration immediately and email the caseworker again about this? The BRP has not arrived, but almost certainly we would have it before attending biometrics.

Any advice on how to proceed would be much appreciated.

[CULLINAN]

Sorry for posting here so much lately, but it seems to be one thing after another.

I was informed via email that my ILR application Set(O) was successful on 2nd October. My wife's and UK born children's dependent visas expire on 6th October. My wife has applied to extend her tier 2 dependent visa (not eligible to settle yet), and we are waiting for my BRP to register my kids as British citizens. There has been a delay to receiving my BRP and I was not able to get a biometrics appointment quickly so my kids are now technically overstayers (although they are all under 10). However, I did settle before their visas expired.

Today, my wife received a rather ominous letter from the case worker making a duty of care request because our children are not applying for any extension despite their leave expiring. We responded immediately stating that we were waiting to submit the MN1 application until after my BRP has arrived.

Would this be grounds for refusal for my wife's visa, that we have let our children overstay their visa? We thought everything we were doing was above board, but now we are feeling very worried and paranoid given the wording of the letter. Do you think it would be best if we apply registration immediately and email the caseworker again about this? The BRP has not arrived, but almost certainly we would have it before attending biometrics.

Any advice on how to proceed would be much appreciated.

BRP expiry does not matter for children born in UK as they are eligible to register as BC after one parent has ILR. Their visa expiry will have no impact on their MN1 application.

And HO sends children safeguard email as a standard protocol. Its normal. You did the right thing to inform them of your intentions of registering them as BC as you have ILR.

[nickmpco]

Sorry for posting here so much lately, but it seems to be one thing after another.

I was informed via email that my ILR application Set(O) was successful on 2nd October. My wife's and UK born children's dependent visas expire on 6th October. My wife has applied to extend her tier 2 dependent visa (not eligible to settle yet), and we are waiting for my BRP to register my kids as British citizens. There has been a delay to receiving my BRP and I was not able to get a biometrics appointment quickly so my kids are now technically overstayers (although they are all under 10). However, I did settle before their visas expired.

Today, my wife received a rather ominous letter from the case worker making a duty of care request because our children are not applying for any extension despite their leave expiring. We responded immediately stating that we were waiting to submit the MN1 application until after my BRP has arrived.

Would this be grounds for refusal for my wife's visa, that we have let our children overstay their visa? We thought everything we were doing was above board, but now we are feeling very worried and paranoid given the wording of the letter. Do you think it would be best if we apply registration immediately and email the caseworker again about this? The BRP has not arrived, but almost certainly we would have it before attending biometrics.

Any advice on how to proceed would be much appreciated.

BRP expiry does not matter for children born in UK as they are eligible to register as BC after one parent has ILR. Their visa expiry will have no impact on their MN1 application.

And HO sends children safeguard email as a standard protocol. Its normal. You did the right thing to inform them of your intentions of registering them as BC as you have ILR.

Thank you =). The wording of the letter is very serious, and references delays or rejections if information is not provided in time. It is very good they do this, but it is also worded in a very scary way.