ILR with police caution - help?

jan123 · Post by **jan123** » Fri Sep 13, 2013 11:11 am

Hi everyone,

I got two parts of my query, and I will be grateful if i can seek some help on some of the following confusions

1st query:

I will be eligible for my application for ILR in Dec13 following my 5 year work permit. However, I am very much worried about a simple caution i reacieved in Aug 2009 ( harassment without voilence). I know this is out of threshold that is 24 months,however i still worried if this can be a trouble. so if someone senior ( solicitor or lawyer) can answer the following

1- what is chances to be refused on general grounds?
2- will it make any difference if i seek help from some solicitor
3- should i disclose caution in applicatin
4- will it make any difference if a select a particular PCO office?

P.S- my 10 years stay will also be completed in Aug 2014.

2nd Query:

I married in Uk 3 years ago bt my wife is on her student visa. we had baby (1year old) who is dependent to wife. what should i do for my wife and baby?

Is it sensible if i apply for myself at this stage & once i get approval for my ILR I can then apply for my wife and baby? or should I apply all three at this stage which can be bit complicated if i apply in person

Will be grateful for any guidance.
Thanks

Post by **Amber** » Fri Sep 13, 2013 11:59 am

Declare the caution and as 24 months has lapsed it shouldn't be a general grounds for refusal. Subject to the offence, I.e. a sexual offence with registration requirements.

Where was your child born? Has your spouse been on a dep visa since before July 2012?

jan123 · Post by **jan123** » Fri Sep 13, 2013 12:08 pm

Dear D4109125,

Many thanks for your prompt response. Much appreciated.

2 points following your response:

1- I could not understand your meaning of "Subject to offence"

2 -answer to your query- my wife had not been dependent on me since she came in uk. she came on student visa and she applied for extension in student visa in 2011 when old one was to exprire and she same time applied for our baby visa (dependent to my wife) after her birth. Our baby was born in UK.

Thansk

P.S- should i contact some solicitor for my application or this will not make any difference in regard to caution?

jan123 · Post by **jan123** » Tue Sep 17, 2013 4:27 pm

Hi, someone can further help on the given? Thanks

Post by **Amber** » Tue Sep 17, 2013 5:13 pm

The child does not need an extension/ILR instead the child is entitled to register as British by virtue of section 1(3) BNA once you are awarded ILR.

Your wife could apply for FLR(M) when you are settled, which is now a 5 year route to settlement with a financial requirement.

jan123 · Post by **jan123** » Fri Sep 20, 2013 7:44 pm

Just wanted to know the scope on the following:

As I am on work permit which was issued under the old system in Sept 2008. if my wife changes her student visa as dependent on me so that she could get a route of 2 year when i apply for ILR which is due in Dec13.

Is this doable?

What i want further consultation from you? any address?

Thanks

Post by **Amber** » Fri Sep 20, 2013 10:45 pm

Under the old work permit if your wife changes in October which will allow switching in the UK she should be able to apply for ILR with you in December.

jan123 · Post by **jan123** » Sat Sep 21, 2013 9:03 am

and when she will apply with me will she get ILR? does not she should have to proof on dependent visa for 2 years beofore this?

Post by **vinny** » Sat Sep 21, 2013 9:57 am

The 2 years requirement is not applicable for work permit dependants.

As Amber stated, if baby was born in the UK, then baby will be entitled to British citizenship immediately after you are granted ILR.

jan123 · Post by **jan123** » Sat Sep 21, 2013 10:53 am

vinny,

so mean if my wife get her visa switch as dependent to me next month, she will be able to get ILR in Dec when i will apply for mine?

can you please reply in detail with relevent link or reference. also which application forms we need to use for my wife visa switch.

Thanks

Post by **Amber** » Sat Sep 21, 2013 11:25 am

Click on the link above that Vinny kindly provided, it's explained there.

vinny wrote:The 2 years requirement is not (click) applicable for work permit dependants.

As Amber stated, if baby was born in the UK, then baby will be entitled to British citizenship immediately after you are granted ILR.

jan123 · Post by **jan123** » Sat Sep 21, 2013 12:40 pm

D4109125

which form i should fill up for my wife to switch from student to dependant?

Thanks

Post by **Amber** » Sat Sep 21, 2013 1:40 pm

The form should be released on 1st October you will need to book a PEO. If you are not happy with what you are reading here then see Any good law firm recommendation? (click)

jan123 · Post by **jan123** » Mon Sep 23, 2013 7:54 pm

Hi D4109125 / vinny
I just tried couple of solicitors today but could not find anyone good. one told that my wife can not apply to switch for visa from here. she has to go back this purpose and also that she might not be able to switch visa as mine visa is near to expire. plus even if she will able to switch she should have to wait for 5 years for ILR once i get in dec.

really puzzling. I wish if i could seeks help from both in person.
please help , i dont want to miss an opportunity if there is one exists, which can make us avoid to go long way.

thanks

Sep08T1Applicant · Post by **Sep08T1Applicant** » Tue Sep 24, 2013 9:24 am

Hi jan123,
Click word "not" on the link provided by vinny, hopefully, it will resolves your confusion.
Also, From October 2013 one can switch within UK without leaving UK to get EC. Please read Page 10 section 7.21, 7.22 (EXPLANATORY MEMORANDUM)

regards,

vinny wrote:The 2 years requirement is not applicable for work permit dependants.

As Amber stated, if baby was born in the UK, then baby will be entitled to British citizenship immediately after you are granted ILR.

Post by **vinny** » Tue Sep 24, 2013 9:34 am

Yes. She may switch to work permit dependant (196A, 61) from 1 Oct 2013.

Sep08T1Applicant · Post by **Sep08T1Applicant** » Tue Sep 24, 2013 9:52 am

Thanks vinny for correcting that.

kind regards

jan123 · Post by **jan123** » Tue Oct 01, 2013 11:00 am

Vinny, Sep08T1Applicant, D4109125

would you be able to let me know which form we should you to switch my wife visa from student to dependent if this rule has come into force.

I need same day service but dont know which form and catagory i should select whilst booking the appointment.

thanks

jan123 · Post by **jan123** » Tue Oct 01, 2013 4:06 pm

can sm1 plz reply on qery abov

jan123 · Post by **jan123** » Wed Oct 02, 2013 4:14 pm

Can anybody let me know which form we should you to switch my wife visa from student to dependent as discussed above if this is now possible folowing new rule has come into force.

I need same day service but dont know which form and catagory i should select whilst booking the appointment.

thanks

Post by **Amber** » Wed Oct 02, 2013 4:28 pm

Ring the UKBA and ask them?

jan123 · Post by **jan123** » Thu Oct 03, 2013 9:40 pm

hi amber, i am sorry to be a nussainance. but i could not get in touch with ukba to ask for form. but i think i can use flro.

just last suggestion/advice if you could be kind enough to give. should we try ourself for switching or should we use some solicitor for the purpose.

what you recommned and what are the chance to get this sorted. please reply soon as you know we only 2 months left.

thanks

jan123 · Post by **jan123** » Thu Oct 17, 2013 9:05 pm

amber and vinny,

first of all thanks for your help. we attended PEO Sheffield today to switch my wife visa from tier 4 to my dependent - work permit holder under old catagry which is successful.

We both wil hopefully be able to apply for ILR in dec13 now.

I just want an advise for my baby now who is in pakistan at the moment. She was dependent to my wife on tier 4 which has been changed now.

We want to bring our baby back in Jan14 due to my wife study contraints.I just wondering can we apply for her settlement from pakistan once we are granted ILR in Dec13 , as she was born here or we need to apply on VAF4a form first for entry clearence and then she can apply for settlement from UK?

Will be very kind for your further help.

Regards

Post by **Amber** » Thu Oct 17, 2013 9:08 pm

Which form did you use for your wife?

As you child was born in the UK then just register the child as British as soon as either parent is granted ILR on form MN1 by virtue of s1(3) BNA.

jan123 · Post by **jan123** » Thu Oct 17, 2013 9:14 pm

We used FLRO form and form does has a option to tick ie applying to be dependent of person who has leave to remain which is not point base.

regarding. my question is what we have to do to bring her here from pakistan and will it effect in any case her eligibility to be british citizen as she is born here but wont be here at the time of our ILR application.

thanks

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ILR with police caution - help?

ILR with police caution - help?

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