Ilr long residence queries

[Raveena]

Hello All

I also need advice and clarity regarding ILR, if you can please guide me through.

Immigration History:
Entered UK on 23/08/2010 on Tier 4 with my husband who was my dependant , leave was valid until May 2012. Got PSW from September 2012-September2014. Applied intime for Tier 4 visa . Got rejection on 30th October,2014. Appealed and won. Recievied Tier 4 from May2015-Oct 2016. Applied for FLR(HRO) before expiry of current visa. Received refusal on 21st September 2017 with certified Appeal rights.Applied under FLR(HRO) on 3rd October,2017. Granted Leave outside immigration rules(LOTR) from 15th May 2018-17th November 2018 ,basically because of my son’s premature birth and his health needs.
I then received Susequent LOTR from Jan 2019-July 2019 and again LOTR for 6 months from December 2019-5th June2020.

I assume I am elegible for ILR under 10year route from 27th July,2020 onwards (taking into account 28 days).
I have two options :

1) Extend again under LOTR before 5th June,2020 and then vary it two ILR. This option is way too expensive with dependents and no IHS refund or
2) if I take Coronavirus extension that is valid until 31st July, 2020 and apply for ILR on 27th July. But will this period extend section 3C leave and be regarded as legal stay for ILR(LR) route?

I would please request response.
Thanks

[zimba]

2) if I take Coronavirus extension that is valid until 31st July, 2020 and apply for ILR on 27th July. But will this period extend section 3C leave and be regarded as legal stay for ILR(LR) route?

Up to 31 July automatic extension, after that section 3C kicks in. You will be fine

[Raveena]

Thank you Zimba for your reply. I still have some confusion , I might sound silly, apologies in advance.

Home Office says this extension is for:
1)People not intending to stay in UK for long term but cannot leave UK because of travel restriction or self isolation.

2)People who would normally be required to submit their application from abroad or where switching to different category was not allowed in country.

Queries:
In my case , I am making FLR applications from last 3 times so becomes obvious that If I have to extend further, I can make another FLR application from within country. So will it justify me taking Covid 19 extension?

If I take extension and apply for ILR, can Home Office refuse saying that if you intended to stay in UK , you could have put application rather taking advantage of extension ?

Also they say you will be expected to return to your home country as soon as it is safe and possible to do so . Just in case, flight restrictions are lifted in India before 31st July. Do they expect us to leave before 31st July?

I would please request you to advice me.
Thanks

[zimba]

Everyone with a limited leave to return is expected to return home unless they make a new application. You can request an extension regardless until 31 July

[Raveena]

Thank you Zimba

[Raveena]

I am new to to this forum and not able to create new topic as this relates to my husband’s delayed appeal. I would please request you to advice me.His immigration history is:

Entered UK on 23/08/2010 as Tier 4 dependant,leave was valid until May 2012. Got PSW dependant from September 2012-September2014. Applied intime for Tier 4 visa . Got rejection on 30th October,2014. Appealed and won. Recievied Tier 4 dependant from May2015-Oct 2016. Applied for FLR(HRO) before expiry of current visa. Received refusal on 21st September 2017 with certified Appeal rights.Applied under FLR(HRO) on 3rd October,2017. Granted Leave outside immigration rules(LOTR) from 15th May 2018-17th November 2018 ,basically because of my son’s premature birth and his health needs.We had some arguments and social services got involved, because of his alcohol addiction they moved me and baby separately since it was case of Domestic violence. I was told in case I meet my husband they will put child safeguarding plans. Even they told me to remove him from my visa application .
So the application that I send for further renewal on oct 2018 as him as dependant but then I wrote letter to Home Office and removed him.

His current leave was valid until 17th November,2018. He filed another application on 16th November,2018 through solicitor. He had to give his biometrics thrice after getting letters from Home Office ( that was something strange ).Whole year passed, in November 2019 his solicitor contacted Home Office about updates and they mentioned that they already sent to him refusal in July, 2019.Neither my husband nor solicitor received any refusal letter. His solicitor said he asked them to fax him. Refusal was with appeal rights. So his solicitor files out of time appeal in November , 2019.

Solicitor did not give us any Appeal Reference number. We contacted tribunal for our peace of mind if any appeal was lodged under my husband’s name . They denied that there is nothing on their database. Our solicitor said that Home Office needs to approve appeal first before tribunal accepts. We are in diellema , already 6 months have passed since then and no updates.

Social services did assessments and we reconciled and started living together from December, 2019. They have discharged us.

Queries are:
1) If you can please let me know , how does our of time appeal work ?? Is it true that Home office needs to approve appeal application first??
2) I am hopefully getting ILR under long residence in July, what options are for my husband??
3) can we argue in court that because of home office not sending refusal letter, he became overstayer, otherwise it was an easy case. They should give discretion for him under ILR(LR).

I would please request you to guide me how to go further with his case.

Thanks

[zimba]

Appeal procedures are not part of the immigration rules. Consult your lawyer on how to navigate administrative law as that counts as legal advice. If you get ILR, your husband may apply under family route FLR(M) or FLR(FP) and regularise his stay.

[Raveena]

Thank you Zimba, will definitely consult and look into it . And will update forum with result.

[Raveena]

I need an urgent advice please. My last leave expired on 5th June,2020. I had made leave outside immigration rules for me and my dependant son on 1st June,2020. Since I qualified for ILR(LR) ,I varied my application to SET(LR) on 28th July,2020. I received email from caseworker asking which application I want them to consider? I asked them to consider ILR(LR) and they replied they will be considering child application as well. I thought they will void dependant application as I varied. I got one IHS refund(son) and no refund for son’s fee.
I have submitted my in person biometrics on 18th August,2020.I have not received any decision for my son’s application. My query is:
My son is going to have Gastrostomy surgery and he has been booked On priority basis for 2nd October,2020. I am not sure if he can avail NHS treatment ?? Both of us were given recourse to public funds in last visa. My section 3C leave is in continuation , on this basis can he have free treatment?? Or can I write to Home Office for urgent decision on basis of my son’s surgery??
I would please request moderators and Gurus to advice me.

[zimba]

There is no restriction on him getting treatment

[Raveena]

Thank you Zimba

[Raveena]

Hello Zimba.. my son got his surgery done and yesterday received letter from Hospital overseas patient department to provide evidence to avoid paying NHS cost . They asked for passport/visa and address proof. As I applied for Leave outside immigration rules before expiry of visa and then varied to SET(LR), I mentioned in the email that I am still waiting for the decision and since my previous visa had recourse to public funds, same condition should continue until I get decision. I have provided them with the copy of benefit matters as well.
I wanted to ask you is there any official guidance that I can refer to and mention to them for reference. Thanks

[zimba]

Hello Zimba.. my son got his surgery done and yesterday received letter from Hospital overseas patient department to provide evidence to avoid paying NHS cost . They asked for passport/visa and address proof. As I applied for Leave outside immigration rules before expiry of visa and then varied to SET(LR), I mentioned in the email that I am still waiting for the decision and since my previous visa had recourse to public funds, same condition should continue until I get decision. I have provided them with the copy of benefit matters as well.
I wanted to ask you is there any official guidance that I can refer to and mention to them for reference. Thanks

Contact the UK Visas and Immigration NHS team at UKVINHSTeam@homeoffice.gov.uk and explain that you need evidence/proof of your son's eligibility for NHS treatment

[Raveena]

Thanks Zimba, I sent them email and hope to get response. I also got automated reply quoting

“ Please note that we respond to queries in regard to visa’s for applicants sponsored by the

NHS and those in other healthcare roles.”

Hope to hear from them.

[Raveena]

Thanks Zimba for your guidance I have received ILR approval on 23rd October and waiting for BRP.

[Raveena]

I have query regarding application I had made, if anyone can please guide.

I had made FLR(HRO) application with dependant son which I later varied to SET(LR). I received refund for my application fees from 1st application and I was aware IHS will not be refunded.

But I just received only IHS refund for my son and not application fees. I also didn’t receive any letter or decision for my first application if they considered for my son. Since I varied I assumed my son application will be void as main applicant changed route.

First I thought to ignore , at least after 10 year struggle got ILR but then thought it’s big amount almost £1000. If you can please give your opinion as to what happens with dependant . If I need to enquire , how should I proceed ahead??

Many thanks

[CULLINAN]

Since I varied I assumed my son application will be void as main applicant changed route

Every application is separate. You should have varied your son’s application also.

[Raveena]

I could not vary because SET(LR) does not allow adding dependants. I thought to register son and my daughter under MN1 route.

[Raveena]

Also I read on guidelines given on variation by Home Office stating

Where a dependant is included as part of an original application that is later varied, they can be included in the variation application if that application allows dependants to be included. If not, and the dependants have not submitted an application in their own right, then you must write to the dependants on the application confirming that the original application has been varied, that they are not included in the variation application and that their original application has fallen away. You should tell the dependant that they should now make a separate application.

An application is void when the Home Office cannot process it. For example
A dependant’s application where the main applicant withdraws their application or varies their application to a route that does not allow for dependants.

So was confused if son’s application is void , should they not refund his fees?I received one fee refund so that also I am not sure if it was for me because I paid ILR fees as well or that fee refund was for my son. Since no communication has been received to clarify this from Home Office.

[CR001]

Set LR does not permit dependents, as the guidance says a dependent is only also varied if included in an application that allows dependnrts. Yours did not. If he qualifies for set LR, his FLR ho application should also have been varied with his own separate set LR application.

[Raveena]

Oh ok.. in my case son is 3 year old so could not qualify under SET (LR) requirements.. but then even if he qualified this route is expensive than just applying for citizenship under MN1 once one parent gets ILR

[CR001]

Was your son born in the UK? Your posts aren't clear if he was or not. Usually important to state such important facts.

[Raveena]

Oh I did mention about son’s birth in UK in the start of this thread so just assumed it will be known, my bad, apologies