My Children BRP did not Arrive at the Post Office After they Entered the UK with Their Vignette Sticker

[Dennis1234]

Dear Team,

My Children applied for a Dependent Settlement UK VISA around December 2022 and VISA got approved on 22nd Feb 2023 for all three of them and they traveled together with me to the UK on 6th of May 2023.

On the 9the of May 2023 we went to post office to collect their BRP cards, but surprisingly their BRP card has not arrived at post office.
So I sent an email to "BRPCollection@homeoffice.gov.uk"
Through the UKVisa.Gov website.

Then I got a reply saying that...

''You will not receive a BRP as your visa is valid for less than 6 months
Accordingly, you should use the Entry Clearance vignette you have been issued in your passport to enter the UK and evidence of your right to be here.

If you feel that the leave you have been issued is incorrect, please complete an online form - www.gov.uk/biometric-residence-permits/report-problem

My children's vignette sticker was less than 5 months validity and expired on the 7th of May 2023.

Even though I paid all the fees (both IHS & Application) and their entry clearance approved I don't know how to register them for GP and School since BRP which would serve as an identification right to stay hasn't been delivered and moreover I'm been told they don't qualify for a BRP is mind boggling.

We thought the vignette sticker is for initial entry, that is to enable them to enter the United Kingdom, then collect their BRP card in UK.
I think there is a mistake somewhere or I need better clarification to understand the situation.



Could you please advice on what to do next.?
We are currently at a crossroads and do know what to do next.

Thanks & Regards,
Dennis

[CR001]

What is your uk immigration status and rhe other parents uk immigration status?

[Dennis1234]

I was granted permission to be in the UK with a Leave know as Leave to Enter as a Partner (Standard) from the 07 August 2020 to 07 May 2023.

Which I successfully renewed under the Partner (FLR M) route of the Immigration Rules and was granted permission to stay in the UK from 21st Feb 2023 until 18 Sep 2025.

My wife is not the mother of the children, But she has Indefinite Leave to Remain.

I hope the above meets you expected answers.

Thanks
Dennis

[CR001]

You applied for the child's visa before your extension was granted. The childs visa therefore was granted with the same expiry date as your previous visa and as this was valid for less than 6 months, ie expiring 7th May 2023) the child does not get a BRP.

It would have been better had you waited and applied for the child visa AFTER you got your extension as the child would then have received the correct visa duration and a BRP expiring in September 2025.

As the child's visa has now expired, they have no legal status in the UK.

You need to submit a child FLR(M) application as soon as possible. How old is the child?

[Dennis1234]

The Children are 15, 13 and 10

[Dennis1234]

I think I also need to bring to your attention that my extension was granted on the 21st of Feb 2023 whiles my Children's Visa was Granted on the 22nd of Feb 2023 that makes it a clear One day after my extension was granted hence their visa validity can not be as my previous visa Expiry date. (My opinion though)

[CR001]

Visas within the UK, ie extensions and visas from outside the UK, ie entry clearance visas, are processed by different departments.

Their application you made in December 2022 would have been dealt with and decided on the information and documents you submitted, ie a visa expiring on 7th May 2023. A longer duration cannot be granted if you do not hold a visa of a longer duration even if you have a pending application with UKVI for an extension as an extension is only valid from when it is granted, not when you applied (you don't state when you applied for your extension).

This is unfortunately your error, it is not a UKVI error. Children will only be granted a visa in line with your visa.

[Dennis1234]

Does it Mean I have to Apply for extension for my Children all Over Again.....?

[CR001]

Does it Mean I have to Apply for extension for my Children all Over Again.....?

Yes and pay all the fees again. Note they do not have any legal visa status in the UK now if their visas have already expired. Their new visa extensions, if/when granted, will have the same expiry date as your current visa.

[JB007]

...VISA got approved on 22nd Feb 2023 for all three of them and they traveled together with me to the UK on 6th of May 2023.
...
My children's vignette sticker was less than 5 months validity and expired on the 7th of May 2023.

Even though I paid all the fees (both IHS & Application) and their entry clearance approved ...

Are you sure you paid the IHS for each of your three children? When their visas were only valid for 5 months?

Visitor visas and short-term visas

You do not need to pay the surcharge or get an IHS reference number if you’re applying for a:

visitor visa
visa for 6 months or less from outside the UK

You will need to pay for any NHS care you get at the point you use it - unless it’s a service that’s free.

https://www.gov.uk/healthcare-immigrati ... -needs-pay

[CR001]

Are you sure you paid the IHS for each of your three children; when their visas were only valid for 5 months??

The OP would have applied for a 2.5 year visa for each child, so yes IHS would have been payable as that is what was applied for. The fact that the visa granted was issued based on the OPs last visa duration as less than 6 months is not the issue. It is the visa category being applied for that is relevant.

[JB007]

Are you sure you paid the IHS for each of your three children; when their visas were only valid for 5 months??

The OP would have applied for a 2.5 year visa for each child, so yes IHS would have been payable as that is what was applied for. The fact that the visa granted was issued based on the OPs last visa duration as less than 6 months is not the issue. It is the visa category being applied for that is relevant.

Will the 3 IHS payments for the children be returned, as the visas were only for 5 months?

[CR001]

Are you sure you paid the IHS for each of your three children; when their visas were only valid for 5 months??

The OP would have applied for a 2.5 year visa for each child, so yes IHS would have been payable as that is what was applied for. The fact that the visa granted was issued based on the OPs last visa duration as less than 6 months is not the issue. It is the visa category being applied for that is relevant.

Will the 3 IHS payments for the children, be returned as the visas were only for 5 months?

Maybe, maybe not. The OP would have to request a refund and go from there.

A very costly mistake that has been made.

[JB007]

Are you sure you paid the IHS for each of your three children; when their visas were only valid for 5 months??

The OP would have applied for a 2.5 year visa for each child, so yes IHS would have been payable as that is what was applied for. The fact that the visa granted was issued based on the OPs last visa duration as less than 6 months is not the issue. It is the visa category being applied for that is relevant.

Will the 3 IHS payments for the children, be returned as the visas were only for 5 months?

Maybe, maybe not. The OP would have to request a refund and go from there.

A very costly mistake that has been made.

Ouch. That's £3,525 on just the 3 IHS payments for the children I was hoping that as those on 5 months visas can't buy the IHS, that the IHS money would have been returned (or not paid).

[Dennis1234]

This is a very costly mistake.

[AmazonianX]

This is a very costly mistake.

Mistake done already. It's to remediate.... how to get new visas for them to have valid leave and seek to reuse already paid IHS or get refund.