Child visa extension 5 year family route

[sam0015]

Hi members,

A bit of background - My daughter leave to enter visa expired Nov 2021. We applied for MN1 (at state secretary discretion) to register as British National in August 2021. We got a rejection on the 24th August 2022 (1 year and 7 days after). I am British and my wife is on second leg of 5 years family route.

I have now applied for my daughter's visa extension (5 year family route) FLM on the 4th of September 2022 yet to get a decision ( today's date 10/10).

The ask is from members here, what are the challenges I may face with this application, if at all? Could this 1 year and 7 days be counted as overstaying?

Thank you in Advance.

[CR001]

Yes, the child is an overstayer form when her last visa expired. MN1 is not an immigration application so does not provide any section 3C protection once a visa expires.

A child born abroad follows the same immigration route as the parent who holds a visa and applies for ilr first with the other parent before they can apply for citizenship.

[sam0015]

Thank you CR001,

Is there a risk that her extension will be refused?

Thank you

[CR001]

Probably not.

[sam0015]

TU CR001,
Only thing to do right now is wait.

[sam0015]

Hello all,

Visa decision is still pending and past the 8 weeks SLA. My MP called the homeoffice in 2 occasion and provided quoting the application reference number. The homeoffice have updated that the application is in progress and it would take about 11 months for a decision and there is no SLA for this application. Need some input here please. What should I go and ask the MP to call again? I am confused why homeoffice have mentioned 11 months and there is no SLA for this type of application. As per homeoffice it is 8 weeks. Any comments would help.

[secret.simon]

There isn't an SLA for any visa application, just broad guidelines.

The fact that your daughter was an overstayer for a while and had a refused MN1 application in the meanwhile could mean that any subsequent application, such as her current visa application, may take longer than a conventional in-time application, may be dealt with by a different team or at a higher level of the Home Office, may have different checks carried out, etc.

These are just guesses, as the Home Office is a closed black box. But your daughter's out of time application won't be treated as a standard application.

[AmazonianX]

Hello all,

Visa decision is still pending and past the 8 weeks SLA. My MP called the homeoffice in 2 occasion and provided quoting the application reference number. The homeoffice have updated that the application is in progress and it would take about 11 months for a decision and there is no SLA for this application. Need some input here please. What should I go and ask the MP to call again? I am confused why homeoffice have mentioned 11 months and there is no SLA for this type of application. As per homeoffice it is 8 weeks. Any comments would help.

Do remember child was an overstayer during a period. If the MP already told that it will take certain times, then keep hope alive.