10 Years Based ILR for Main applicant but what for dependent

[tonypetty]

Hi,

I am asking this question for one of my friend:

My friend has got ILR on 10 years long residency.

He have two kids born outside UK and a wife living with him from last eight years(During all eight years spouse and his kids was always his dependent).

What visa would he apply for his spouse and children?

Is it a settlement visa or Indefinate visa?


Regards

[BigSam]

Hi,
What visa would he apply for his spouse and children?

Is it a settlement visa or Indefinate visa?

Hi tonypetty,

Settlement and Indefinite visas are the same thing, if your friend has already been grated his ILR, then his wife and children can apply for settlements as his dependants too, they do not need to apply for further Limited Leave if this is what you are asking.

Hope this helps

[vinny]

FLR(M).

[Greenie]

Hi,
What visa would he apply for his spouse and children?

Is it a settlement visa or Indefinate visa?

Hi tonypetty,

Settlement and Indefinite visas are the same thing, if your friend has already been grated his ILR, then his wife and children can apply for settlements as his dependants too, they do not need to apply for further Limited Leave if this is what you are asking.

Hope this helps

it doesn't help because it is incorrect.

[BigSam]

it doesn't help because it is incorrect.

Why is it incorrect?

[geriatrix]

Why is it incorrect?

Because the immigration rules do not allow the assertion that you have made (and the meaning it conveys to the reader).

Your assertion would have been correct had the OP asked if the dependants could remain in the UK on their current leave until it expires.

If the migrant in question intends that his dependants qualify for ILR and the query is in context of their extension or dependants' route to settlement then the dependants will need to switch to FLR(M) ... and, in context of settlement, the most opportune time to do so can only be suggested after knowing the immigration category the principal migrant was in before he was granted settlement.

[BigSam]

Thanks for elaborating sushdmehta

[tonypetty]

Many thanks for your all feed back!!!

I try to explain this situation bit more::


Basically main applicant applied settlement after 10 years long residency.....Main applicant had (2nd )WP for five years ending in Dec 2013....... but he has completed his ten years so applied on this basis alone....

He got ILR in Sept 2011.

Main applicant have a spouse.... 1 UK born Child and 2 Foreign born Children.

Now all four dependents have still leave as WP dependents till 2013.

After ILR basically this leave expires( As far as i know)

Now what he should be applying for his dependents???

He want to apply ILR for his family as they had spend almost 8 years in this country.

I know for UK born child he can apply for MN1 Form registration.....and then BC.

His wife and two foreign born child could get ILR if they had applied same time with main applicant???? This is one thing to clear..... and second question is


"What dependents would apply now ....SET(M) or FLR(M) and If its FLR(M) then when they would apply for settlement????

Main Applicant WP 5 years has completed now in NOV 2011 and if he had got ILR on WP basis then what would be the situation for his dependents????


IF some body... once got ILR... can HE apply ILR in another category for the benefit of his family????


Many thanks for all yours feed back

[tonypetty]

Hi,
What visa would he apply for his spouse and children?

Is it a settlement visa or Indefinate visa?

Hi tonypetty,

Settlement and Indefinite visas are the same thing, if your friend has already been grated his ILR, then his wife and children can apply for settlements as his dependants too, they do not need to apply for further Limited Leave if this is what you are asking.

Hope this helps

Sorry i meant to say Dependent Visa or Settlement?????????

[vinny]

Basically main applicant applied settlement after 10 years long residency.....Main applicant had (2nd )WP for five years ending in Dec 2013....... but he has completed his ten years so applied on this basis alone....

He got ILR in Sept 2011.

Main applicant have a spouse.... 1 UK born Child and 2 Foreign born Children.

Now all four dependents have still leave as WP dependents till 2013.

After ILR basically this leave expires( As far as i know)

Now what he should be applying for his dependents???

Perhaps SET(O) (196E, 198) may be possible. KOL required.

[tonypetty]

Thanks Vinny

My friend has applied with KOL and SET(O) form but was rejected and has been asked to submit application as FLR(M)....HE lost 3000£ fees and same day solicitor cost of £1000.......I think he should go for JR....as rejection don't give them appeal right....

Any comments will be highly appreciated...

[vinny]

What was the reason for the refusal?

Did he quote 196E and 198 when applying?

[tonypetty]

What was the reason for the refusal?

Did he quote 196E and 198 when applying?

I will read the refusal letter and will post the refusal reasons here ....i dont think that my friend had mentioned 196E and 198 in his case.....I will inform you about the refusal shorly....

[tonypetty]

Hi Vinny,

His wife visa has been rejected......under the following section. He applied using set(m) form and same day service at PEO Croydon.
In rejection letter following were the reason:

287 Paragraph
281 283 hc as amended

Article 8 human right has been considered

Article 8
First Date of entry into UK 19th February 2003 for dependent

Please suggest what are his options?
Refusal has not given them any appeal right
Spouse has valid leave until Dec 2013.

If he don't apply anything...is it OK for for spouse to live here?

Once main applicant got BC ...can his wife directly apply for settlement....

[Greenie]

Hi Vinny,

His wife visa has been rejected......under the following section. He applied using set(m) form and same day service at PEO Croydon.
In rejection letter following were the reason:

287 Paragraph
281 283 hc as amended

Article 8 human right has been considered

Article 8
First Date of entry into UK 19th February 2003 for dependent

Please suggest what are his options?
Refusal has not given them any appeal right
Spouse has valid leave until Dec 2013.

If he don't apply anything...is it OK for for spouse to live here?

Once main applicant got BC ...can his wife directly apply for settlement....

what you have written here is not the 'reasons' for refusal but the relevant law they have referred to. Please give the actual reasons in order for people to be able to give you advice.

[tonypetty]

Hi Guru,

Actualy still dont have the actual refusal letter;

Depending upon this fact that what form should be used to apply visa after main applicant got ILR on ten years long residency based...

spouse had tier-2 dependent visa .....What visa for dependent should be applied???????

[vinny]

SET(M) correctly fails because 287 was not satisfied.

Main Applicant WP 5 years has completed now in NOV 2011 and if he had got ILR on WP basis then what would be the situation for his dependents????

My suggestion was using SET(O) under 196E and 198, if main applicant had WP immediately prior to ILR.

However,

spouse had tier-2 dependent visa .....What visa for dependent should be applied???????

If dependant was a Tier 2 dependant and not a work permit dependant as previously stated, then FLR(M), followed by SET(M), would be the best choice.

It may be better if your friend had posted himself, giving the correct circumstances: WP or Tier 2 dependant?