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Hi hun, just to clarify:smatts07 wrote:Hi everyone, just wanted to let everyone know that I received a response to my complaint letter. And they apologised for long delay times and what not but they also said that family claims were divided into 4 categories 1. Spouse/partner claims 2. Non pbs work routes 3. Visitors and 4. Human rights and outside the rules claims.
And they said for the first 3 they are working at normal efficiency and for the last one they're working towards a 12 week service standard. (Which I think my app falls under that one) but they said they will contact me regarding my app by Oct 30th. So end of summer looks like its been pushed back.
I applied based on a child in the UK. And my husband is English as well. I was 7 months pregnant when I came but genuinely thought my husband would return to my home country with me after a month or so. And I ended up having our child here. And then I submitted my for(o) app. It was the only way my family could physically be together during a visa app process. If I were to go home and apply for my husband to go there we'd have to be separated for 9+ months and that's not right for the first years of our child life.
Has anyone been a visitor and changed their status? I applied before my 6 month limit was up so technically I'm not an overstayer I don't think. I know overstayers have been granted but wasn't sure if any visitors have changed their status on this forum.
Applied 10/9/2012
Bio done 20/2/2013
Waiting.... I'm going to be gutted if I have to wait more than a year... But it looks like it will be that way. I know others on here have.
Did you use solicitor hun?smatts07 wrote:I applied on the basis of parent of a child in the UK. And yes we are still together. And we were married before I came here
@smatts07 Im sorry luv, it says everything on herehatchsead wrote:FYI:
Family life as a parent of a child in the UK
This page shows you the key facts for the family life as a parent of a child in the UK category.
Key facts;
Eligibility requirements
The applicant must:
· have a child under the age of 18 who is living in the UK and is a British citizen or settled in the UK have sole responsibility for the child
· have access rights to the child
· for applications made in the UK (where the applicant has joint responsibility for the child) be applying as the parent the child normally lives with, and
o show they are taking and intend to continue taking, an active role in the child’s upbringing, and
o not be in the UK as a visitor or with valid leave granted for six months or less, unless that leave was granted pending the outcome of family court or divorce proceedings or on temporary admission or temporary release (unless EX applies).
· show they can adequately maintain and accommodate themselves and any dependants without recourse to public funds
· show they have adequate accommodation in the UK
· meet the English language requirement
· meet the suitability requirement.
Application forms;
Applications made outside the UK – VAF4A and Appendix 5
Extension (within UK) – FLR(O)
Indefinite leave to remain – SET(O)
Entry clearance mandatory? - Yes
Is biometric information required for applications made in the UK? - Biometrics are required for applications submitted on or after 29 February 2012. For more information see: Biometric information.
Code of leave to remain granted - Code 1 or code 1A; No recourse to public funds unless evidence of destitution is provided (see Recourse to public funds)
Entry clearance endorsements - D: RIGHT OF ACCESS TO A CHILD LTE 33 MONTHS CODE 1
Conditions of leave to remain - No recourse to public funds unless evidence of destitution is provided (see Recourse to public funds)
How long is leave to remain normally granted for? - · Entry clearance for up to 33 months
· Limited leave for 30 months.
What are the requirements for settlement?
The requirements for settlement are that an applicant can demonstrate they meet the requirements for indefinite leave to remain as a parent at R-ILRPT, and:
· have completed a continuous period of at least 60 months with limited leave as a parent under paragraph R-LTRPT 1.1 (a) to (c) or in the UK with entry clearance as a parent under paragraph D-ECPT 1.1, or
· have completed a continuous period of at least 120 months:
· with limited leave as a parent under paragraphs R-LTRPT 1.1 (a) (b) and (d)
· in the UK with entry clearance as a parent under paragraph D-ECPT 1.1, or
· a continuous period of at least 120 months with limited leave as a parent under a combination of these paragraphs.
Please Note;
Section D-ECPT: Decision on application for entry clearance as a parent
D-ECPT.1.1. If the applicant meets the requirements for entry clearance as a parent they will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds.
D-ECPT.1.2. If the applicant does not meet the requirements for entry clearance as a parent the application will be refused.
Section R-LTRPT: Requirements for limited leave to remain as a parent
R-LTRPT.1.1. The requirements to be met for limited or indefinite leave to remain as a parent or partner are-
(a) the applicant and the child must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a parent or partner; and either
(c) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets all of the requirements of Section ELTRPT: Eligibility for leave to remain as a parent, or
(d) (i) the applicant must not fall for refusal under S-LTR:
Suitability leave to remain; and
(ii) the applicant meets the requirements of paragraphs E-LTRPT.2.2-2.4. and E-LTRPT.3.1.; and
(iii) paragraph EX.1. applies.
Are dependants allowed? - Yes
Work and study allowed? - Yes
Is switching into this category allowed?
Into the five year route, yes, unless the applicant is in the UK:
· as a visitor:
o with valid leave granted for less than six months, unless that leave was granted pending the outcome of family court or divorce proceedings
o on temporary admission or temporary release
· in breach of immigration laws (unless the period of overstaying is less than 28 days).
Into the 10 year route, yes, unless the applicant is in the UK:
· as a visitor with valid leave granted for less than six months, unless that leave was granted pending the outcome of family or divorce proceedings.
Does this category lead to settlement (indefinite leave to remain)? - Yes
Is knowledge of language and life required? - Yes
Immigration Rules paragraphs - Appendix FM – paragraphs ECPT, LTRPT, ILRPT and Appendix FM-SE
CID case type - Exer. Access rights to child res in UK.
Hun! Have a look on here![]()
For more information on extension and further clarification, visit the url below
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
http://www.ukba.homeoffice.gov.uk/polic ... -a-parent/
It normally take 5 to 7 working days but very rarely it can take up to 10 days. If they cant take the payment out of your account, they either contact you or refuse the application and send it back to you.progeny5kay wrote:I have just put my application in i just want to ask how long does it take for home office to take application fee out of the bank ???
application sent 06/08/2013
received on the 06/08/2013
letter of acknowledgment received 14/08/2013 dated 07/08/2013
Kukuwife wrote:smatts07- the case can also be looked at in a different way. Under ex1 (b), with the condition that you need to pass the test of "insurmountable obstacles to family life with that partner continuing outside the UK." Which may be slightly difficult in my own option
If granted it will lead to the 10years route. While out of country application will lead to 5 years route.
I quite understand that there may be reasons while out of country application may not appeal to you but it may be the best options if your partner can meet the threshold. Of recent the issue of £18600 has been discussed all evidences are pointing to the fact that HO may have to drop it or reduce it to the minimum wage one can earn in a year.
Wow Keisha, I am not gonna console with but rather rejoice cos this is a temporary situation. The joy of The Lord is our strength they say. I guess there will be no appeal notice until a notice of removal is issued. My prayers ar with cos when this over, the BBQ is bikini is still gonna happen!Keisha wrote:Good Evening bloggers,
Hope you had a wonderful weekend.As for me,I'm sorry to plaster this wall with not so nice news but the devil is trying me by refusing me a stay.The letter stated that haven't been here for more thAn 20yrs and that have no right to appeal.They even said should contact my local team for departure by 22/ 08 and I rebuke that in Jesus name.The solicitor said we should go for a Judicial Review and they explained the procedure.The fee...*sighs*...more than £2000 and I believe that God will provide.
I have decided to let God fight this battle for me as I go for the JR.I hv been here for 10yrs and reckon the HO case-worker wanted to rush to the pub and decided to put a red stamp on my application form.The devil is a liar for I serve a Living God who's Greater than everybeing in the Heavens and on Earth.I'm may feel deflated but that won't stop me from flashing a smile and thanking God.So,please bloggers remember me in ur prayers!
Have a blessed week!
Keisha wrote:Good Evening bloggers,
Hope you had a wonderful weekend.As for me,I'm sorry to plaster this wall with not so nice news but the devil is trying me by refusing me a stay.The letter stated that haven't been here for more thAn 20yrs and that have no right to appeal.They even said should contact my local team for departure by 22/ 08 and I rebuke that in Jesus name.The solicitor said we should go for a Judicial Review and they explained the procedure.The fee...*sighs*...more than £2000 and I believe that God will provide.
I have decided to let God fight this battle for me as I go for the JR.I hv been here for 10yrs and reckon the HO case-worker wanted to rush to the pub and decided to put a red stamp on my application form.The devil is a liar for I serve a Living God who's Greater than everybeing in the Heavens and on Earth.I'm may feel deflated but that won't stop me from flashing a smile and thanking God.So,please bloggers remember me in ur prayers!
Have a blessed week!
Go a head and fight the case Keisha ! U will be an inspiration to many of us...Keisha wrote:@Nicki...I'm sorry to hear about that but hang in therte and don't let deter your spirit.The devil may try to intimidate us but will shall soldier on!
I pray that they reverse both our decisions and receive a stay for God is the only who can fight for us!
@SDP...have u got an answer yet?
*cyberhugs*
Don't get disappointed you might have been granted , the officer must have looked at the computer update, your solicitor will receive the letter in a day or two as HO posts are second class stamped,Nuchi wrote:Went to the reporting centre for the signing, officer said there's a good news that the visa has granted and had sent a letter to the solicitors early of this month. Rang the solicitors but they said they didn't receive any letters from ukba. Confused