Dependant Child - ILR needed or can we apply directly for citizenship

[patg8914]

Hello all,

I have applied for ILR on 11th July 2023 as a standard application. (big mistake)
Called UKVI today and they said timeline for Standard application is 6 months wait from biometric date.

I have a new employer offer waiting now and they can only offer basis proof of Right to work (ILR)


I have a decision to make
- Wait for ILR to come (looking at some others on the timeline forum its anywhere between two and three months)
- Withdraw my application and re-apply for Super Priority (happy to pay the money)

Questions :
1.Has anyone here done this before - withdraw and apply to a different category
2.Could this have any negative impact on the decision (why the need suddenly)
3. Whats the process for withdrawal - is there any guidance
4. We applied as joint app (Me and Spouse) Can I withdraw only one or have to withdraw both ?

Thanks

[zimba]

1. This is possible. Request a withdrawal and apply again as normal
2. If you still have a valid visa, there is no effect
3. You may request to withdraw the application, UKVI does not send you any confirmation:https://eforms.homeoffice.gov.uk/outrea ... ments.ofml
4. No. That is a single application.

Note that super-priority application has NO service guarantees. Even if you pay for a priority visa service, your visa may not be decided quickly. Also, the priority visa service option is not widely available: Online Application - Why there is no Super Priority Service Option ?

[patg8914]

Thanks a lot Zimba

[patg8914]

Another question sorry :

I just looked up option to "vary" application

So Can I just make a new application as a "vary" application for myself without making a request for "Withdrawal"
Pay £2404 + £800 (new fee + super priority)
i.e apply using this link and select "Yes" in below question and provide the reference number

=================================
Other Home Office applications
Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?
(Required)
If you have submitted any other applications to the Home Office which have not yet been decided then submitting this application varies those previous applications. This means that only this application, which you are now completing, will now be considered.
==================================

I hope this vary application will replace my original application and I am aware I will not get any refund but will my spouse's application be treated as normal and processed as per standard timelines or will that be voided

Thanks for your help

[zimba]

If you applied together on the same form you should not vary your application separately as that will render your dependant's application withdrawn.

If the dependents applied on the same form as the main applicant, in that they had not submitted an application in their own right, and are not included on the new application, or the new application does not allow dependents to be included, then you must write to the dependents on the application using the ‘Validity reminder in and out of country’ template. You must tell them that the original application has been varied, that they are not included in the variation application and that their original application has been treated as withdrawn. You should tell the dependent that they should now make a separate application.

https://www.gov.uk/government/publicati ... s-guidance

[patg8914]

Thanks again @zimba, this link is very useful.

I will vary both main and dependant application. (Hence pay £4808 + £1600 super priority fees)
==============================================================================
Re Fees Refund process

Section 3.14 of this link
Where a person submits an application under the Immigration Rules and has a previous application that has not yet been decided, the latest application varies the previous application and only the new application will be considered. The applicant should be informed of this using ‘Simultaneous applications’ template and refunded the earlier fees as appropriate

Refunding application fees when variation applies
When the original and variation applications are made online, the applicant will have paid 2 fees. You must refund the fee for the first application

=============================================================================

So if the previous application for both applicants is not yet decided (Assuming 6 month timeline for Standard SET(O) Skilled worker application and I am 10 weeks in the process), am I eligible to get the refund (£4808) I paid earlier.

I understand there is a risk that they may decide my Standard application in the same window ( but the risk is reduced due to the window of Super Priority being so small)

[zimba]

There is a separate refund policy to read:

Immigration and nationality refunds policy
Process to request a refund for services relating to an immigration application or service

[patg8914]

Hi Urgent Question,

If I am a Skilled worker with dependant wife and UK born Child (3 year old)

Now eligible to apply for ILR on a 5 year route

=========================

I am applying ILR for Myself and Spouse

====================

Do I need to apply ILR for dependant child or just apply Citizenship directly once our ILR is appoved

[meself2]

For UK born child you can apply for citizenship directly.

[patg8914]

Thanks what I thought

@Zimba - I Got this back from UKVI today

"As part of our duty of care to childern in the UK. Please can you clarify why your dependant child has not been included on this application

[CR001]

Simply reply stating you will apply for citizenship on form MN1 once ilr is granted to eithet parent.

[patg8914]

Thanks a lot

Another Question from UKVI for dependant

We sent NARIC Statement comparing Bachelors degree in India taught in English

Please can you provide further evidence of English as we have been unable to verify the UK Naric Statement of comparability you have provided. You can submit different evidence to prove the English language requirement, provided it also meets the rules from Appendix English Language; linked below for ease of access

https://www.gov.uk/guidance/immigration ... h-language
Please see the link below regarding approved test providers and tests.
https://www.gov.uk/guidance/prove-your- ... oved-tests


Quick Question - What is the fastest way to get a proof and what is the test I need (A1, B1 etc). There are so many options so looking what is the fastest

[zimba]

UK ENIC (formerly NARIC) Statement of Compatibility is NOT acceptable as evidence of English ability

You need SELT at B1

[patg8914]

Thanks again.

(Hopefully) one last question

Main applicant and dependant applied together (Super Priority)
Dependent additional document requested, main applicant everything in order.

Will we receive decision (and BRP) separately for main applicant or will have to wait for dependant to submit pending document (SELT B1 - this takes 5 days)

Thanks

[CR001]

Each application if processed and decided on its own. Your dependent application will always be decided AFTER yours, their status is wholly dependent on you being successful with your application.

[patg8914]

But will i get my BRP whilst theirs is sill decided ( as we applied together)

[CR001]

Even though you applied on one form, each application is individual.

If you are approved, the process will end with BRP even if their applications are pending.

[patg8914]

Thank you