Wife has ILR, husband and children refused visa...pls advice

[scraggy]

I would really appreciate any experienced comments on my situation.

I applied ILR based on 10 years residency in June 2012. I was entitled to apply in September 2010 but as I had to travel abroad a lot that year, I postponed my application. In October 2012 I was granted ILR by home office.

The problem is with my husband and children. My husband had mistakenly understood that he could apply together with me when I was doing my application. Only at the last minute he realised that he could not apply as well. So he and my children applied in a Set O form (seperate to my application) as there was no other forms that could fit his criteria.

After 1 year of processing the application, we got it back today saying that it has been refused. Prior to this we have a Tier 1 visa and my husband and children were dependents of Tier.

We will try to appeal but what are our chances? Why was my husband and children refused even though I have ILR. The home office gave a list of why the application was refused but to be honest, the reasons does not seem valid arguing that my children are not British etc etc (of course thats why they are applying for visa!!). Please comment and help me as I would certainly appreciate your useful comments.

p/s: my husband has stayed legally in the uk as dependent, with me since 2007. All my children have stayed legally as dependent too.

[Amber]

You should have applied for flr(m) for your dependents asking for a decision on their application to be made after your ILR then once granted they could have switched to set(m) and settled straight away. You could have easily varied the applications during the last year. Flr(m) is the correct applications that need to be made. Where were the children born? You should have sought advice.

[scraggy]

Thank you. Unfortunately this is also a mistake on our behalf. We did not know that we could ask for a delay up until I have obtained my ILR.

All my 3 children was born in the UK. All were born before I was granted ILR

What do you think our chances of winning the appeal be? Should we just pack and leave the UK. Obviously there is a lot of issue to think about and if our chances are low..maybe best for us to make a firm decision now.

Many many thanks to all advice given.

[Amber]

None of your children need visas, as they were born in the UK they are now entitled to be registered as British by virtue of section 1(3) as you have been granted ILR.

Set(o) was the wrong visa application so what grounds are there for appeal? Your spouse should be applying for flr(m) though may now be under the new rules.

[scraggy]

Thank you. Can my children apply ..what form do I need?. However, their visa has expired and UKBA have their passports.

So now is that our visa has expired..our only option is to appeal. Obviously my husband and children cannot apply for anything without their passports.

I have no idea how to appeal, would appreciate some advice? Thank you

[vinny]

Children: Use form MN1, perhaps without their passports. May apply through the Nationality Checking Service (NCS).

[scraggy]

Hi vinny..thanks for the link!

The childtrns passports and also my husband is with the UKBA. Can my children apply without passport? Thanks

[vinny]

Possible.

[scraggy]

Thank you so much.

So I can appeal and apply using the MN1 form at the same time?

Dear experts, can you comment on my husband's situation now. I would really appreciate the advice. Thank you

[vinny]

As Amber said, your children are entitled to register now.

When did your husband initially come to the UK?

[scraggy]

Thanks amber and vinny

He came in February 2007 and have been on a dependent visa all this while. His visa expired in August 2012. I now have ILR. His ( and children) application has been refused ( he applied on the FLR O form). They have given us chance to appeal, but we are not sure of success rate.

Thanks! Much appreciated

[vinny]

So he and my children applied in a Set O form (seperate to my application) as there was no other forms that could fit his criteria.

( he applied on the FLR O form)

Which form?

[scraggy]

Sorry.. I just asked him ..it is set O

[scraggy]

Does this mean there is no hope?

[vinny]

See also ILR Dependant Refusal Pls Advice.

His grounds for appeal is probably 84(1)( c ), with reference to Article 8.

He probably has slim/no chances for ILR directly under the Immigration rules, unless he qualifies under 196E (giving further grounds 84(1)(a)).

However, in the absence of being eligible under 196E, then he should take and pass the English Language test ASAP if he isn't exempt. I think he may have good chances for further leave to remain. His chances should significantly increase once the children are registered as British citizens.

Hopefully, perhaps, a judge may be able to direct the UKBA to consider a fresh FLR(M) application under the old rules?

[scraggy]

Thank you so much for your help.


What is the credibility of argument to refuse visa under paragraph EX.1.

Is it even worth to mention here all the arguments of refusal by UKBA, as reading through it they quoted quite a lot but some of the criteria states OR rather than AND, so even though my husband and children do not fulfill ALL the criteria, they fulfilled some important and main points.

If my children applied for British citienship, and my husband appealed but failed in the outcome what other options does he have? Can he return to his country and apply a fresh application from there?

Great respect for you guys commenting as you must come accross of thousands of different individual cases everytime!

[Amber]

I would be pushing for the UKBA to consider an application for FLR(m) under the old rules at once. You should seek legal advice to support you. Explain that it was a mistake, they should have offered you guidance when you asked at your original PEO appointment, those 'caseworkers' are sometimes of no help or use. Get your children registered as British straight away, they should be able to do that as the UKBA has their passports. You need to include their birth certificates and your ILR, use the Nationality Checking Service to keep the documents you have.

[onabanjo]

Thank you so much for your help.


What is the credibility of argument to refuse visa under paragraph EX.1.

Is it even worth to mention here all the arguments of refusal by UKBA, as reading through it they quoted quite a lot but some of the criteria states OR rather than AND, so even though my husband and children do not fulfill ALL the criteria, they fulfilled some important and main points.

If my children applied for British citienship, and my husband appealed but failed in the outcome what other options does he have? Can he return to his country and apply a fresh application from there?

Great respect for you guys commenting as you must come accross of thousands of different individual cases everytime!

Accept my sympathy for the rejection of your husband and children applications. I have great respect for the two commentators on your issue, i have been noting their comments on topical issues in this forum. However, in appealing a case of this nature, i am of the opinion that you might need a competent lawyer to represent your husband case . as a matter of urgency, try and complete the form for your children as advised by one of the commentators so as to chore up your husband case positively.
Thank you and best of luck

[Amber]

You should consult legal advice to see if you can put a new application for flr(m) under the old rules, in right now, just for your husband, within the 28 day grace period.

[scraggy]

Thank you all, it has been really helpful

So now I will try to apply British citizenship for my children.

I will then try to seek solicitor advice. I have never had any solicitor help before, does anyone know of a good solicitor based in the South or London area.

Thanks again!!

[Amber]

Try here (click) ring a few and ask for a free first 10 minutes to get a feeling what they're like.