Immigration Issues! Pls Help!

[seelam_1]

Hi,

I have a few concerns and issues surrounding a couple of immigration matters. I will brief my situation and also the issues..any suggestions or solutions are very much appreciated.

I first entered UK on a WP in Dec 1997. I left UK on completion of my contract in May 1999 (Never had an eye on ILR at that stage).
I re-entered UK in Feb 2001 on a WP again and this time was continuous for 4yrs. My wife also was with me since April 2001. We are blessed with a Boy born here in the UK in Aug 2003 and holds an Indian Passport issued in the UK. BTW, we all are Indian Passport holders.
My wife and Son have gone to India in Feb 2005 for a holiday (I could have got my ILR by then had i not had a change in my WP now called IED approval). Currently they are in India with my wife's visa expired (expiry date 11th March 2005). My son never had a visa as I never applied for one, hoping that i could do it when i send my passport for any visa changes at a later stage (but he left to India without a UK Visa).
Now I have got my passport with the IED / WP approved (LTR visa) and i intend to appear for my ILR (PR).

Issues:
1. In the SET(O) application form for ILR, what would be the date I need fill in the question 'WHEN DID I FIRST ENTER INTO THE UK?' is it dec 1997 or current 4yrs stand starting as Feb 2001?
2. After I get my ILR, what kind of visa should my wife and son have to apply in India (at the british consulate)? Pls bear in mind that my wife was with me in the UK on a depend visa on my WP from April 2001-Feb 2005 (3yrs 10m without any breaks) and my son is born in the UK but does not have a UK visa to re-enter.
3. Will applying for a visa for my son be an issue as he never had a valid visa in UK on the Indian passport which was issued in the UK?

Thnx
Moses

[John]

Moses, the first thing I have to say is ..... why have you and your family complicated matters so much? In other words, why did your wife and son leave thew UK so close to the end of your wife's visa? Rather bad planning I think.

You do not say how quickly your wife and son intend to return to the UK, and that might impact upon the whole situation.

Using your numbering :-

1. I really don't think there is any possible ambiguity there. "When did you first enter into the UK?". OK, my empasise, but clearly Feb 2001 cannot possibly be correct. Dec 1997? That might be right ... but if for example you entered the UK for the first time on a holiday earlier than that, well, Dec 1997 would not be correct, would it.
2. Before answering your Q2, can I ask, when does your current visa expire? Do ensure that you apply for your ILR before its expiry date.
   
   Your wife's visa? After you have got your ILR visa your wife should apply for hers, in India obviously.
   
   Your son's visa? Here you appear to have a choice. You could also get your son an ILR at the same time as your wife gets hers. However, the good news is that as soon as you have your ILR, it would be possible to apply fro your son to be Reigistered as a British Citizen! This is only the case because he was born in the UK, and now (after it is issued) at least one parent has ILR.
   
   Or because it will take some time to get the Certificate of Registration as a British Citizen, after which getting a British passport will be extremely easy, you might conclude that getting him an ILR visa first is best, and then apply for the British Registration and passport after for gets here.
3. I do not believe so.

[seelam_1]

Dear John,

Thank you for your reply and suggestions. Very much appreciated.

yes it is bad planning but they had been wanting to go to India and with the current FLR(IED) processing times, i have decided to go this way. Anyways. now to your concerns raised while giving suggestions.

1. I first entered UK in Dec 1997 and that is on a WP. returned back to india in May 1999. Again entered UK in Feb 2001 on a WP and this time it is 4 yrs continuous. BTW, in Nov 2000, I did enter UK on a Business Visa and was in the UK for a month. Now as u have suggested, If i enter in that question 'When did u first enter UK?' I would enter Dec 1997 and can i just give the reason in the next question as 'Returned to India due to completion of Contract / employment?' If not should i actually just stick to Feb 2001 as the Wp counter is set to 4yrs to achieve PR? Pls suggest. Thnx
2. I have applied for my FLR (IED) and got my visa issued now it is valid till March 2007. But i intend to apply for my ILR and then apply for my dependents visa so that i don't need to do this twice for them (i mean first to apply for Wp dependents and then after coming here applying for a ILR). So as u have suggested, My wife can apply for a ILR in India itself and the same can be done with my son too?

Thnx John once again for your time and valuable suggestions.

Cheers

[seelam_1]

BTW John,

Also forgot to mention abt one thing. My wife and son Left Uk to India on 8th Feb 2005 and my wife's visa expired on 11th March 2005. They intend to attend the visa stamping in India as soon my ILR process is complete and return back to UK at the earliest. I might go to India and return back with them upon my ILR process completion. Will it have any impact on the type of visa she will have to apply if she attends the british embassy in India after 3months (i.e., 8th april) or will she be dis-qualified to attend ILR as she has more than 3 months of stay in UK or will she be treated as a new applicant cos it is applied in India after her visa expired? I intend to makse use that I complete the ILR process ASAP so that she can attend for the ILR Visa before 8th May.

Thnx

[boylove]

Think you just want to try out the system for the benefit of this forum. Don't you? I can't believe what you have done. Don't think I have come across somebody else who made it so difficult for himself.

Why didn't you go for the ILR in January itself, when you were eligible (entered in Feb 2001, WP expiring 11th March)? Your wife and kid could have got their ILR as well and then they were free to go to India. Why did you have to apply for extension of WP?

Anyhow, I don't suggest you to go for ILR now. Please don't do it. I don't think they can go for ILR in India after you get yours in here. They'll have to come over here on spouse visa and wait 2 years or something.

Best thing is that you should first get your wife and kid on WP dependent visa in here. Then you can apply for ILR for yourself and them while everybody is here. Clock (4yrs) doesn't matter for them. It's only for you (principal applicant). They can be included in your ILR if they are WP dependent. I have seen people going for ILR along with their dependent just after a month of entry(for dependent, and 4 yrs for principal applicant).

[seelam_1]

Hi,

Thnx for ur response but i think you have totally got me wrong. I am trying but the fact is what i have said!

I have entered Uk on 2001 fo sure but the fact also is that I could have applied for ILR in Jan itself had i not got a change in employer (IED approval) in nov 2004. I was under the assumption that since i had a valid visa could apply for ILR but was suggested that I first need to get this change of employer / WP first approved by Home office and only then can apply for ILR. And due to the current delays in the process (i belive now it has changed with increased fee) i had to plan it that way.

BTW, r u suggesting that I should not apply for an ILR now? Also if i get an ILR, why can't my wife apply for ILR in india? She has been with me in Uk for 3 10yrs and it is now only on 8th Feb that she went to India?

Pls clarify.

Thnx for ur time!

[AlexCh]

I first entered UK on a WP in Dec 1997. I left UK on completion of my contract in May 1999 (Never had an eye on ILR at that stage).
I re-entered UK in Feb 2001 on a WP again and this time was continuous for 4yrs.

1. 'WHEN DID I FIRST ENTER INTO THE UK?' - Feb 2001 - I was in exactly the same position, besides that - read the guidance notes for the application form, they actually explain it there.

2. and 3. There should not be a problem with the visas for your wife and son. Most probably your wife and son will get dependant visas for 2 years, but the embassy may ask you to explain why they did not live with you.

[seelam_1]

I first entered UK on a WP in Dec 1997. I left UK on completion of my contract in May 1999 (Never had an eye on ILR at that stage).
I re-entered UK in Feb 2001 on a WP again and this time was continuous for 4yrs.

1. 'WHEN DID I FIRST ENTER INTO THE UK?' - Feb 2001 - I was in exactly the same position, besides that - read the guidance notes for the application form, they actually explain it there.

2. and 3. There should not be a problem with the visas for your wife and son. Most probably your wife and son will get dependant visas for 2 years, but the embassy may ask you to explain why they did not live with you.

Thnx for ur response. very much appreciated. Well abt my wife & son, why would the embassy have any doubt that they did not live with me? Infact they were with me all the while..they only went to India In Feb 05 for personal reasons..and it is only 2 months now...would that 2months be treated as not living with me?

Cheers
Moses

[Kayalami]

1. In the SET(O) application form for ILR, what would be the date I need fill in the question 'WHEN DID I FIRST ENTER INTO THE UK?' is it dec 1997 or current 4yrs stand starting as Feb 2001?
2. After I get my ILR, what kind of visa should my wife and son have to apply in India (at the british consulate)? Pls bear in mind that my wife was with me in the UK on a depend visa on my WP from April 2001-Feb 2005 (3yrs 10m without any breaks) and my son is born in the UK but does not have a UK visa to re-enter.
3. Will applying for a visa for my son be an issue as he never had a valid visa in UK on the Indian passport which was issued in the UK?

1. Feb 2001 is your relevant 1st date of entry for the ILR application.

2. Dependent visas of a person present and settled in the UK. Your spouse will get a 2 yr visa - she will need to apply for ILR no earlier than 28 days before its expiry. Your son may get Indefinite Leave To Enter from India - alternatively he may also get a 2 yr visa with a renewal at the same time as his mother's. The chances of the former are higher given his birth in the UK.

3. Not if relevant documentation pertaining to relationship (full birth certificate) and other requirements of the rules are met. The visa officer may require a DNA test.

4. Likewise the visa officer can ask appropriate questions to determine the subsistence or otherwise of a stated relationship - given the length of time you say you have lived in the UK together with your spouse this is unlikely to be an issue.

[seelam_1]

Thnx Kayalami,

Your response is very appreciated. I think now i have got a lot issues now clarified. Now I can say with confidence that I know which direction i need to proceed.

Thnx everyone for your valuable imputs.

Cheers