Does grant of ILR invalidates HSMP visa on the dependants?

[wel_home]

Hi,

I had applied for & granted HSMP in June 06. My passport and my dependant's (wife & children's ) passport were stamped with HSMP visa, expiring in June 2008.

I applied for ILR on the basis of 10 year legal residency, and was granted the same. My wife & children could not apply, as they have not finished 10 year legal residency in UK.

Now, does the issue of ILR on my passport invalidates the HSMP - dependant visa which are stamped on the my wife's passport?

If that is true, do I have to apply for a seperate dependant visa for my wife and children, based on the ILR I received recently?

The case worker at the Public Enquiry Office seems to think that granting of ILR invalidates the HSMP visa. However, I could not get any detailed clarification from him (I was too nervous about my ILR application!)

Thanks for the help.

wel-home

[pumkin]

As far as I am aware, their visa are invalid because they came here as dependents on a HSMP visa, since you have settled status and are no longer subject to immigration control, the basis for their visa is now non-existent.

If your family have been in the UK for 3 years, I think your family can apply for ILR, seeing that you have been granted ILR. If not, certainly apply for dependent visas.

Don't know how accurate this is, but I do know their current visas are not valid.

Anyone else help?

[Rogerio]

you have settled status and are no longer subject to immigration control

I beg to differ - ILR holders are subject to immigration control. They cannot stay more than 2 years outside of the UK, and are not able to use the EU/UK queues at airports. Everytime they come back into the UK they will still be interviewed to make sure they are still entitled to residency here.

The case worker at the Public Enquiry Office seems to think that granting of ILR invalidates the HSMP visa.

Your HSMP is no longer valid, as you can now stay in the UK indefinetely. The case worker is right.

My wife & children could not apply, as they have not finished 10 year legal residency in UK.

You should have asked for ILR for your children when you applied for yours. If your children were born in the UK since 1 Jan 83, you can now apply for them to be registered as British citizens. Any new children born whilst you are an ILR holder will automatically be British.

Form for ILR for your children: http://www.ind.homeoffice.gov.uk/6353/1 ... tf0606.pdf

As to your wife - pls check below (someone correct me if this is not the route)

Further leave to remain form: (if your wife has not been given the 2 year temporary visa yet) http://www.ind.homeoffice.gov.uk/6353/1 ... rm0606.pdf

Indefinite Leave to Remain form: (if your wife has been granted the temporary 2 year visa, and those 2 years are already up) http://www.ind.homeoffice.gov.uk/6353/1 ... tm0606.pdf

Rogerio

[pumkin]

you have settled status and are no longer subject to immigration control

I beg to differ - ILR holders are subject to immigration control. They cannot stay more than 2 years outside of the UK, and are not able to use the EU/UK queues at airports. Everytime they come back into the UK they will still be interviewed to make sure they are still entitled to residency here.

As I said......'I dont know how accurate this is'

[JAJ]

Don't know how accurate this is, but I do know their current visas are not valid.

The dependents are expected to obtain new visas promptly, however there is no basis to suggest that they are currently unlawfully in the United Kingdom.

[wel_home]

Hi,

Thanks for all the posts.

My plan is to apply on FLR(M) form, for my wife & children to get the dependent visa. Once they get it, I shall apply for British Passport for my children.

Rogerio:

I am not sure if I could have applied for ILR for my children, at the same time as I got my ILR. Anyway, now do I have to apply for ILR for my children, or can I directly apply for British citizenship now?

Wel-Home[/quote]

[JAJ]

Hi,

Thanks for all the posts.

My plan is to apply on FLR(M) form, for my wife & children to get the dependent visa. Once they get it, I shall apply for British Passport for my children.

Rogerio:

I am not sure if I could have applied for ILR for my children, at the same time as I got my ILR. Anyway, now do I have to apply for ILR for my children, or can I directly apply for British citizenship now?

Wel-Home

Where were your children born? In the UK or somewhere else (this is a fundamental question).

[Rogerio]

As I wrote before, if your children were born in the UK since 1 Jan 83, you can now apply for them to be registered as British citizens. Any new children born whilst you are an ILR holder will automatically be British.

If your children were not born in the UK, you need to get ILR for them.

Form for ILR for your children: http://www.ind.homeoffice.gov.uk/6353/1 ... tf0606.pdf

[wel_home]

Hi,

Thanks for all the posts.


Wel-Home

Where were your children born? In the UK or somewhere else (this is a fundamental question).

Hi Jaj, Thanks for the help. My children were born in UK.

Since I have to apply for dependent visa for my wife on form FLR(M), I was planning to include my children in the same form (with no additional costs). Once my wife and children passport gets stamped with approproate dependent visa, I was planning to apply for the children to be registered as British citizens.

Can somebody advise me if that is the correct way about or is there a flaw in my suggestion. The second option is to get my wife's dependent visa and send the children's application seperately to be registered as British Citizen.

I will be trying the first option, and planning to send the passports on Monday. Hence any advise would be most appreciated.

Wel-Home

[JAJ]

Hi Jaj, Thanks for the help. My children were born in UK.

Since I have to apply for dependent visa for my wife on form FLR(M), I was planning to include my children in the same form (with no additional costs). Once my wife and children passport gets stamped with approproate dependent visa, I was planning to apply for the children to be registered as British citizens.

Since the children were born in the UK, then they can now immediately be registered as British citizens because you have ILR.

You can still include them on your wife's visa application if you wish, but their nationality application is an entirely separate exercise. For registration as a British citizen under section 1(3) of the British Nationality Act, child's immigration status is irrelevant.

Form MN1 and guide can be downloaded here: http://www.ind.homeoffice.gov.uk/applyi ... dguidance/

The fee is GBP200. One fee covers any number of children applying together. Processing time currently about 2 months.