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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
The Home Office helpline doesn't say this. She even talked with them today, and they said, "You can apply for an expired BRP replacement." However, we can't find the form.CR001 wrote: ↑Mon Jun 10, 2024 1:40 pmSo their visas expired last year and you haven't done anything to sort their visa status out??
They cannot apply for ILR if they do not have a valid visa.
A BRP replacement is NOT the same thing as a visa extension and a visa extension is inly relevant if they hold a valid visa to extend.
That appears to be completely wrong answers! They were/are ineligible to apply for BRP replacements. They can't apply for SET(M).rajeevk wrote: ↑Mon Jun 10, 2024 1:25 pmWe contacted the Home Office, and they said it was fine and we could apply for BRP replacement as the fees are already paid and they have the eligibility. They mentioned /suggested "form Settle in the UK as the partner of a person, or parent of a child, who is in the UK and settled here: form SET(M)" and put the above conditions in the explanation, mentioning IHS payment.
Thanks for such a detailed response. I understand that this is a big fault on our side, and wrong advice from the home office has made this situation more complex. She has call records of all these discussions she had with them, but I don't think that can help much.vinny wrote: ↑Mon Jun 10, 2024 2:00 pmThat appears to be completely wrong answers! They were/are ineligible to apply for BRP replacements. They can't apply for SET(M).rajeevk wrote: ↑Mon Jun 10, 2024 1:25 pmWe contacted the Home Office, and they said it was fine and we could apply for BRP replacement as the fees are already paid and they have the eligibility. They mentioned /suggested "form Settle in the UK as the partner of a person, or parent of a child, who is in the UK and settled here: form SET(M)" and put the above conditions in the explanation, mentioning IHS payment.
The consequences of overstaying are severe.
SW 27.1. and 9.8.1. prevents them from applying for entry clearances as Skilled worker dependants.
SW 27.2. prevents them from extending.
SW38.2. prevents them from applying for ILR.
They may have to return to their home country, apply for family (partner and child) visas and start all over again on the 5 year family route.
If they apply (partner and child) in the UK and succeed, then they would be on a 10 year family route.
However, if your daughter was born in the UK, then she is entitled to register as a British citizen.
Thanks for the detailed response. What exact category should they apply for now from inside the UK?CR001 wrote: ↑Mon Jun 10, 2024 1:58 pmThe call centre is outsourced to a third party agency. You are not talking to ukvi staff at all.
The advice you get also depends on what and how exactly you asked and if your query has been understood.
Your only option for them now if FLR fp I think which will be a new 5 or 10 year route to ilr.
A BRP replacement is for if your valid BRP is lost or stolen or your ilr BRP is expired. It is not a visa extension application.
Form set M you have tried to complete is for ILR which they can't apply for as they don't hold the relevant visa category anyway, which is spouse of settled person visa for 5 years.
They could have applied for ILR on form SET O before their visas expired.
There is no easy or cheap way to fix this now. You are looking at quite a few years before ilr for them now.
The in-country family route is 10 years, due to the overstay. However, they may switch onto the 5-year family route as soon as they have been granted leave (on the 10 year route) and are eligible. But the 5-year qualifying period for SET(M) would exclude leave on the 10-year route.
Thanks, Vinny. If possible, can you please provide more details about "as soon as they have been granted leave" and "5-year qualifying period for SET(M) would exclude leave on the 10-year route"?vinny wrote: ↑Mon Jun 10, 2024 3:22 pmThe in-country family route is 10 years, due to the overstay. However, they may switch onto the 5-year family route as soon as they have been granted leave (on the 10 year route) and are eligible. But the 5-year qualifying period for SET(M) would exclude leave on the 10-year route.
Thanks, Vinny. Let me try to find some legal advice in the context provided and try to proceed. I am very grateful for the detailed information you have provided. Thanksvinny wrote: ↑Mon Jun 10, 2024 3:54 pmAs they are overstayers, E-LTRP.2.2. prevents them from applying for FLR(M) directly. They may apply for FLR(FP), subject to EX.1. This puts them on the 10-year route.
After being granted leave on FLR(FP), they may switch to FLR(M), subject to satisfying the financial and other requirements. The 5-year qualifying period for SET(M) starts when the initial 2.5 years FLR(M) is granted.