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Biometric Residence Permit for ILR after spouse visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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z4ydi
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Biometric Residence Permit for ILR after spouse visa

Post by z4ydi » Sun Mar 17, 2013 5:41 pm

We are filling the ILR form SET M for my wife. But we are really confused about the BRP section. My wife has done some finger prints and image taken in Pakistan and she submitted it with her spouse application form at FedEx, they did not give her a copy of the those prints. Now, if you read through the application, questions 2, 3, 6, 7 and 8 in section 6 pages 14 and 15 of the form. I am not sure whether to state the fact that it was done in Pakistan and we don't have a record or completely not fill this section.
Section 6 of the form also states that " please note for the application to be valid and complete your current Biometric Residence Permit must be provided" if it is not available the form demands explanation i.e. lost, stolen, other and return to UK border Agency. This very, very confusing we are not sure whether we need to fill in this section.
Please advice

Thanks

physicskate
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Re: Biometric Residence Permit for ILR after spouse visa

Post by physicskate » Sun Mar 17, 2013 6:01 pm

The Biometric Resident Permit is a card. Biometric info like a picture and fingerprints are taken in order for this card to be issued. They want you to submit the card with the application, and if you don't have the card, you need to tell them what happened to it. If her visa was issued in her passport as a vignette (can't remember when that was completely phased out), she will not have a BRP to submit as Biometric Residence Permits replaced the sticker in the passport.

z4ydi
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Re: Biometric Residence Permit for ILR after spouse visa

Post by z4ydi » Sun Mar 17, 2013 7:01 pm

physicskate wrote:The Biometric Resident Permit is a card. Biometric info like a picture and fingerprints are taken in order for this card to be issued. They want you to submit the card with the application, and if you don't have the card, you need to tell them what happened to it. If her visa was issued in her passport as a vignette (can't remember when that was completely phased out), she will not have a BRP to submit as Biometric Residence Permits replaced the sticker in the passport.
Thanks for your response.
My wife says she did not see any card being issued - the FedEx office in Islamabad took her finger prints and picture, as part of her spouse visa application collection, once it was taken she did not see any card being produced or anything - unless it was done in the background or later. She was not given any paper record of it either.
Her spouse visa was issued in February 2011.
Her Spouse visa is a sticker that is stamped in her passport.
based on the information above, what will be the answer to these questions please:

1. Have you been issued with a Biometric Residence Permit with a previous application for leave? Yes or No

Biometric Residence Permit enclosed? Yes or No
If not enclosed then please state the location of Biometric Residence Permit
Returned to UK Border Agency - go to question 3
Lost - go to question 4
Stolen - go to question 5
Other - go to question 6

Question 3. If the required Biometric Residence Permit has been returned to the UK Border Agency, please give details of the reason and the date that it was sent to us

Question 7. Have you had your fingerprints taken as part of a previous United Kingdom immigration application made in the United Kingdom or abroad?

Question 8. Give details when your fingerprints were taken

Question 9. Give details where your fingerprints were taken, including the town or city and country

Question 10. Give details of the British diplomatic post(s) involved if the application(s) was/were made abroad
Last edited by z4ydi on Sun Mar 17, 2013 7:10 pm, edited 1 time in total.

physicskate
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Re: Biometric Residence Permit for ILR after spouse visa

Post by physicskate » Sun Mar 17, 2013 7:06 pm

z4ydi wrote:
1. Have you been issued with a Biometric Residence Permit with a previous application for leave? Yes or No

Biometric Residence Permit enclosed? Yes or No
If not enclosed then please state the location of Biometric Residence Permit
Returned to UK Border Agency - go to question 3
Lost - go to question 4
Stolen - go to question 5
Other - go to question 6

Question 3. If the required Biometric Residence Permit has been returned to the UK Border Agency, please give details of the reason and the date that it was sent to us

Question 7. Have you had your fingerprints taken as part of a previous United Kingdom immigration application made in the United Kingdom or abroad?

Question 8. Give details when your fingerprints were taken

Question 9. Give details where your fingerprints were taken, including the town or city and country

Question 10. Give details of the British diplomatic post(s) involved if the application(s) was/were made abroad
1.) No
I believe this response would tell you to skip the next questions.
7.) Yes
8.) Date fingerprints were taken
9.) Where fingerprints were taken
10.) Where was previous application made? Consulate? Embassy? What city and country?

z4ydi
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Re: Biometric Residence Permit for ILR after spouse visa

Post by z4ydi » Sun Mar 17, 2013 7:21 pm

physicskate wrote:
z4ydi wrote:
1. Have you been issued with a Biometric Residence Permit with a previous application for leave? Yes or No

Biometric Residence Permit enclosed? Yes or No
If not enclosed then please state the location of Biometric Residence Permit
Returned to UK Border Agency - go to question 3
Lost - go to question 4
Stolen - go to question 5
Other - go to question 6

Question 3. If the required Biometric Residence Permit has been returned to the UK Border Agency, please give details of the reason and the date that it was sent to us

Question 7. Have you had your fingerprints taken as part of a previous United Kingdom immigration application made in the United Kingdom or abroad?

Question 8. Give details when your fingerprints were taken

Question 9. Give details where your fingerprints were taken, including the town or city and country

Question 10. Give details of the British diplomatic post(s) involved if the application(s) was/were made abroad
1.) No
I believe this response would tell you to skip the next questions.
7.) Yes
8.) Date fingerprints were taken
9.) Where fingerprints were taken
10.) Where was previous application made? Consulate? Embassy? What city and country?
Thanks for your help - but question 7 says:
Question 7. Have you had your fingerprints taken as part of a previous United Kingdom immigration application made in the United Kingdom or abroad?
My wife's was a spouse visa application not an immigration application, I wonder if I still answer YES to this question.

physicskate
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Re: Biometric Residence Permit for ILR after spouse visa

Post by physicskate » Sun Mar 17, 2013 7:27 pm

z4ydi wrote: My wife's was a spouse visa application not an immigration application, I wonder if I still answer YES to this question.
Then what sort of application is a visa application, if not an immigration application? Did she not intend on immigrating to the UK with her visa?

Greenie
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United Kingdom

Post by Greenie » Sun Mar 17, 2013 7:29 pm

A spouse visa application is an immigration application.
BRPs are only issued for in country applications.

z4ydi
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Re: Biometric Residence Permit for ILR after spouse visa

Post by z4ydi » Sun Mar 17, 2013 7:31 pm

physicskate wrote:
z4ydi wrote: My wife's was a spouse visa application not an immigration application, I wonder if I still answer YES to this question.
Then what sort of application is a visa application, if not an immigration application? Did she not intend on immigrating to the UK with her visa?
Many thanks for the details - So you are saying that the fact that she was coming to the UK regardless of the category of her application (UK Spouse Visa Application - spouse of a British Citizen) she will still fall under immigration - correct?

z4ydi
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Re: Biometric Residence Permit for ILR after spouse visa

Post by z4ydi » Sun Mar 17, 2013 8:30 pm

Please see my comment in bold:
1.) No
I believe this response would tell you to skip the next questions.
7.) Yes
8.) Date fingerprints were taken
9.) Where fingerprints were taken - The finger prints and picture was taken in Gerry's international Visa Application Centre in Islamabad Pakistan - would that be enough to state?
10.) Where was previous application made? Consulate? Embassy? What city and country? the - Visa application was made to British High Commission in Islamabad Pakistan - would that be enough to state?[/b]

z4ydi
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More questions please

Post by z4ydi » Mon Mar 18, 2013 12:41 pm

Thank you for clarifying the BRP. I have some further questions can you please help me:
  • Do I have to print the form double sided in booklet format or just an ordinary A4 one sided print is acceptable?

    Page 7 asks: when did partner obtain settlement in the UK? I arrived in the UK on 19/10/1997, I got my ILR in 2001 and I got my British nationality on 02/06/2006. I am not sure which date applies here.

    2.15 on page 8 states: were you married or in a civil partnership when you were last granted leave in this capacity? – does it mean married to someone else or this marriage? Not sure what it means when it says: “granted leave in this capacity”.

    2.16 on page 8 asks: what type if ceremony was your wedding? We have celebrated our wedding in a wedding hall and we obtained an official marriage certificate which we used for my wife’s spouse visa application and successfully obtained her visa. I am not sure what type of ceremony to state – any idea?

    2.26 on page 10 states: do you or your partner have any shared financial responsibility. My wife does not work and does not receive any benefit. I work full time and pay for all of our expenses, she is fully financially dependent on me. what this shared responsibility means? – is it to do with payment to someone else i.e. debts etc?

    Section 3 on page 10 asks for details of children under 18 living with you in the UK and are applying for ILR as your dependent. Do I provide these details and list them in 3.6 page 11. The reason I am confused by this question is that because we have 2 children and they are both British, and none are applying for ILR – the question seems to ask for children who fills both conditions (living in the UK and applying for ILR) – can you please give me some advice on this.

    My brother lives with us in the flat and he contributes £800 per a month towards the rent and other expenses each month. Question 8.5 on page 19 states: Does a relative or friend of you or your partner or both of you regularly give you money. – shall I say yes to this or this apply only if someone helps us financially rather than paying their share towards expenses? Please clarify.

    Would it be also necessary to get a letter from my brother to confirm that he is paying his part of the share - would there be a need to include his bank statements?

    9.12 on page 23 states: what ties you have with your country – my wife’s mother, brothers, sisters and all other distant relatives are back home should we just state that her family members are back home and she regularly contacts them? Or is there more than this to it?
I will really appreciate your help on the above.

Thanks

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Re: More questions please

Post by CR001 » Mon Mar 18, 2013 1:04 pm

z4ydi wrote:Thank you for clarifying the BRP. I have some further questions can you please help me:
  • Do I have to print the form double sided in booklet format or just an ordinary A4 one sided print is acceptable? - Double sided or single sided A4

    Page 7 asks: when did partner obtain settlement in the UK? I arrived in the UK on 19/10/1997, I got my ILR in 2001 and I got my British nationality on 02/06/2006. I am not sure which date applies here. The date you got ILR

    2.15 on page 8 states: were you married or in a civil partnership when you were last granted leave in this capacity? – does it mean married to someone else or this marriage? Not sure what it means when it says: “granted leave in this capacity”. current marriage

    2.16 on page 8 asks: what type if ceremony was your wedding? We have celebrated our wedding in a wedding hall and we obtained an official marriage certificate which we used for my wife’s spouse visa application and successfully obtained her visa. I am not sure what type of ceremony to state – any idea? Religious/Church or Cultural/traditional

    2.26 on page 10 states: do you or your partner have any shared financial responsibility. My wife does not work and does not receive any benefit. I work full time and pay for all of our expenses, she is fully financially dependent on me. what this shared responsibility means? – is it to do with payment to someone else i.e. debts etc? Not sure, I would imagine it meanse joint income and shared expenses.

    Section 3 on page 10 asks for details of children under 18 living with you in the UK and are applying for ILR as your dependent. Do I provide these details and list them in 3.6 page 11. The reason I am confused by this question is that because we have 2 children and they are both British, and none are applying for ILR – the question seems to ask for children who fills both conditions (living in the UK and applying for ILR) – can you please give me some advice on this. You should list children and their nationality

    My brother lives with us in the flat and he contributes £800 per a month towards the rent and other expenses each month. Question 8.5 on page 19 states: Does a relative or friend of you or your partner or both of you regularly give you money. – shall I say yes to this or this apply only if someone helps us financially rather than paying their share towards expenses? Please clarify. If this is reflected on your bank statements then yes, you would have to explain

    Would it be also necessary to get a letter from my brother to confirm that he is paying his part of the share - would there be a need to include his bank statements?

    9.12 on page 23 states: what ties you have with your country – my wife’s mother, brothers, sisters and all other distant relatives are back home should we just state that her family members are back home and she regularly contacts them? Or is there more than this to it?
- State family that lives in the home country

I will really appreciate your help on the above.

Thanks
Have you read the Guide?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

z4ydi
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Re: More questions please

Post by z4ydi » Mon Mar 18, 2013 1:36 pm

CR001 wrote:
z4ydi wrote:Thank you for clarifying the BRP. I have some further questions can you please help me:
  • Do I have to print the form double sided in booklet format or just an ordinary A4 one sided print is acceptable? - Double sided or single sided A4 - so do you mean to say it does not matter whether it is double sided or single sided and it does not have to be a booklet?

    Page 7 asks: when did partner obtain settlement in the UK? I arrived in the UK on 19/10/1997, I got my ILR in 2001 and I got my British nationality on 02/06/2006. I am not sure which date applies here. The date you got ILR

    2.15 on page 8 states: were you married or in a civil partnership when you were last granted leave in this capacity? – does it mean married to someone else or this marriage? Not sure what it means when it says: “granted leave in this capacity”. current marriage [/color] - We were married when my wife was granted the spouse visa - so shall I answer YES or NO to this questions?

    2.16 on page 8 asks: what type if ceremony was your wedding? We have celebrated our wedding in a wedding hall and we obtained an official marriage certificate which we used for my wife’s spouse visa application and successfully obtained her visa. I am not sure what type of ceremony to state – any idea? Religious/Church or Cultural/traditional - Shall I say: traditional wedding ceremony followed by a religious ceremony?

    2.26 on page 10 states: do you or your partner have any shared financial responsibility. My wife does not work and does not receive any benefit. I work full time and pay for all of our expenses, she is fully financially dependent on me. what this shared responsibility means? – is it to do with payment to someone else i.e. debts etc? Not sure, I would imagine it meanse joint income and shared expenses. - We have no shared income, I am the only one who earns and spends, shall I say NO to this questions?

    Section 3 on page 10 asks for details of children under 18 living with you in the UK and are applying for ILR as your dependent. Do I provide these details and list them in 3.6 page 11. The reason I am confused by this question is that because we have 2 children and they are both British, and none are applying for ILR – the question seems to ask for children who fills both conditions (living in the UK and applying for ILR) – can you please give me some advice on this. You should list children and their nationality - I am still not sure on this one - I have a 2 years old and a 2 months old both British citizens, the question says: living with you in the UK AND who are applying for ILR - if they are not applying for ILR I don't think I have to put them in there.

    My brother lives with us in the flat and he contributes £800 per a month towards the rent and other expenses each month. Question 8.5 on page 19 states: Does a relative or friend of you or your partner or both of you regularly give you money. – shall I say yes to this or this apply only if someone helps us financially rather than paying their share towards expenses? Please clarify. If this is reflected on your bank statements then yes, you would have to explain - My brother is a shared tenant in the flat, like I said I pay the rent and bills from my bank account and he pays £800 into our joint account (joint account of me and my wife) - the question says: Does a relative or friend of you or your partner or both of you regularly give you money - Do you think I should say YES and then get a letter from my brother to confirm that? OR say NO and just explain in the letter that he gives us money because he is a shared tenant?

    Would it be also necessary to get a letter from my brother to confirm that he is paying his part of the share - would there be a need to include his bank statements?

    9.12 on page 23 states: what ties you have with your country – my wife’s mother, brothers, sisters and all other distant relatives are back home should we just state that her family members are back home and she regularly contacts them? Or is there more than this to it?
- State family that lives in the home country

I will really appreciate your help on the above.

Thanks
Have you read the Guide?
Thank you for your reply - please see my queries in blue

lolainkent
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Location: Kent

Re: More questions please

Post by lolainkent » Mon Mar 18, 2013 1:43 pm

z4ydi wrote:Thank you for clarifying the BRP. I have some further questions can you please help me:
  • Do I have to print the form double sided in booklet format or just an ordinary A4 one sided print is acceptable?

    Page 7 asks: when did partner obtain settlement in the UK? I arrived in the UK on 19/10/1997, I got my ILR in 2001 and I got my British nationality on 02/06/2006. I am not sure which date applies here.

    2.15 on page 8 states: were you married or in a civil partnership when you were last granted leave in this capacity? – does it mean married to someone else or this marriage? Not sure what it means when it says: “granted leave in this capacity”.

    2.16 on page 8 asks: what type if ceremony was your wedding? We have celebrated our wedding in a wedding hall and we obtained an official marriage certificate which we used for my wife’s spouse visa application and successfully obtained her visa. I am not sure what type of ceremony to state – any idea?

    2.26 on page 10 states: do you or your partner have any shared financial responsibility. My wife does not work and does not receive any benefit. I work full time and pay for all of our expenses, she is fully financially dependent on me. what this shared responsibility means? – is it to do with payment to someone else i.e. debts etc?

    Section 3 on page 10 asks for details of children under 18 living with you in the UK and are applying for ILR as your dependent. Do I provide these details and list them in 3.6 page 11. The reason I am confused by this question is that because we have 2 children and they are both British, and none are applying for ILR – the question seems to ask for children who fills both conditions (living in the UK and applying for ILR) – can you please give me some advice on this.

    My brother lives with us in the flat and he contributes £800 per a month towards the rent and other expenses each month. Question 8.5 on page 19 states: Does a relative or friend of you or your partner or both of you regularly give you money. – shall I say yes to this or this apply only if someone helps us financially rather than paying their share towards expenses? Please clarify.

    Would it be also necessary to get a letter from my brother to confirm that he is paying his part of the share - would there be a need to include his bank statements?

    9.12 on page 23 states: what ties you have with your country – my wife’s mother, brothers, sisters and all other distant relatives are back home should we just state that her family members are back home and she regularly contacts them? Or is there more than this to it?
I will really appreciate your help on the above.

Thanks
I'm fairly certain that the "shared responsibility" bit would be if you have a car loan, mortgage or something of the sort in both your names.

The children bit in Section 3 gave me such a headache that I called the UKBA over it! I was told that if your kids are British and are not part of the application, skip that section. I was told to list my kids names, ages and citizenship in section 3.9. 3.6 is for children being included in the set(m) application as dependants. I can't remember if I ticked the box Yes or No as to whether we had children together in 3.1. You may want to call them about that.

z4ydi
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Post by z4ydi » Mon Mar 18, 2013 1:53 pm

Thank you Lolainkent. Do you have there number if so can you please let me have it.
CR001 and lolainkent - any idea on my queries in blue?

Thanks

lolainkent
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Re: More questions please

Post by lolainkent » Mon Mar 18, 2013 2:09 pm

z4ydi wrote:
CR001 wrote:
z4ydi wrote:Thank you for clarifying the BRP. I have some further questions can you please help me:
  • Do I have to print the form double sided in booklet format or just an ordinary A4 one sided print is acceptable? - Double sided or single sided A4 - so do you mean to say it does not matter whether it is double sided or single sided and it does not have to be a booklet?

    Page 7 asks: when did partner obtain settlement in the UK? I arrived in the UK on 19/10/1997, I got my ILR in 2001 and I got my British nationality on 02/06/2006. I am not sure which date applies here. The date you got ILR

    2.15 on page 8 states: were you married or in a civil partnership when you were last granted leave in this capacity? – does it mean married to someone else or this marriage? Not sure what it means when it says: “granted leave in this capacity”. current marriage [/color] - We were married when my wife was granted the spouse visa - so shall I answer YES or NO to this questions?

    2.16 on page 8 asks: what type if ceremony was your wedding? We have celebrated our wedding in a wedding hall and we obtained an official marriage certificate which we used for my wife’s spouse visa application and successfully obtained her visa. I am not sure what type of ceremony to state – any idea? Religious/Church or Cultural/traditional - Shall I say: traditional wedding ceremony followed by a religious ceremony?

    2.26 on page 10 states: do you or your partner have any shared financial responsibility. My wife does not work and does not receive any benefit. I work full time and pay for all of our expenses, she is fully financially dependent on me. what this shared responsibility means? – is it to do with payment to someone else i.e. debts etc? Not sure, I would imagine it meanse joint income and shared expenses. - We have no shared income, I am the only one who earns and spends, shall I say NO to this questions?

    Section 3 on page 10 asks for details of children under 18 living with you in the UK and are applying for ILR as your dependent. Do I provide these details and list them in 3.6 page 11. The reason I am confused by this question is that because we have 2 children and they are both British, and none are applying for ILR – the question seems to ask for children who fills both conditions (living in the UK and applying for ILR) – can you please give me some advice on this. You should list children and their nationality - I am still not sure on this one - I have a 2 years old and a 2 months old both British citizens, the question says: living with you in the UK AND who are applying for ILR - if they are not applying for ILR I don't think I have to put them in there.

    My brother lives with us in the flat and he contributes £800 per a month towards the rent and other expenses each month. Question 8.5 on page 19 states: Does a relative or friend of you or your partner or both of you regularly give you money. – shall I say yes to this or this apply only if someone helps us financially rather than paying their share towards expenses? Please clarify. If this is reflected on your bank statements then yes, you would have to explain - My brother is a shared tenant in the flat, like I said I pay the rent and bills from my bank account and he pays £800 into our joint account (joint account of me and my wife) - the question says: Does a relative or friend of you or your partner or both of you regularly give you money - Do you think I should say YES and then get a letter from my brother to confirm that? OR say NO and just explain in the letter that he gives us money because he is a shared tenant?

    Would it be also necessary to get a letter from my brother to confirm that he is paying his part of the share - would there be a need to include his bank statements?

    9.12 on page 23 states: what ties you have with your country – my wife’s mother, brothers, sisters and all other distant relatives are back home should we just state that her family members are back home and she regularly contacts them? Or is there more than this to it?
- State family that lives in the home country

I will really appreciate your help on the above.

Thanks
Have you read the Guide?
Thank you for your reply - please see my queries in blue
1. Just print it off however you like. Mine was single-sided.

3. Answer YES if you were married when she was granted her Limited Leave to Remain Visa.

5. I think you'd put NO there.

6. The number to call is at the top of the guide.

7. I would ask them about your brothers rent as well. I've always read that question as if it's asking if we receive money from a family member in order to get by, not as a rental income. But that's my interpretation. If you call about the kids section, ask that as well. I'm sure it will need to come up somewhere but I have no idea where/how. Remember to just always include more if you aren't sure.

z4ydi
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Re: More questions please

Post by z4ydi » Mon Mar 18, 2013 3:05 pm

lolainkent wrote:
z4ydi wrote:
I'm fairly certain that the "shared responsibility" bit would be if you have a car loan, mortgage or something of the sort in both your names.

The children bit in Section 3 gave me such a headache that I called the UKBA over it! I was told that if your kids are British and are not part of the application, skip that section. I was told to list my kids names, ages and citizenship in section 3.9. 3.6 is for children being included in the set(m) application as dependants. I can't remember if I ticked the box Yes or No as to whether we had children together in 3.1. You may want to call them about that.
So you are sure that as long as the children are British and are not applying for ILR they don't need to be listed in the table under the Children section but what you are not sure about is whether you answered Yes or No to " do you have any children together?" - correct?

lolainkent
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Re: More questions please

Post by lolainkent » Mon Mar 18, 2013 4:53 pm

z4ydi wrote:
lolainkent wrote:
z4ydi wrote:
I'm fairly certain that the "shared responsibility" bit would be if you have a car loan, mortgage or something of the sort in both your names.

The children bit in Section 3 gave me such a headache that I called the UKBA over it! I was told that if your kids are British and are not part of the application, skip that section. I was told to list my kids names, ages and citizenship in section 3.9. 3.6 is for children being included in the set(m) application as dependants. I can't remember if I ticked the box Yes or No as to whether we had children together in 3.1. You may want to call them about that.
So you are sure that as long as the children are British and are not applying for ILR they don't need to be listed in the table under the Children section but what you are not sure about is whether you answered Yes or No to " do you have any children together?" - correct?
I absolutely did not list my British children in section 3.6. I wrote out their names, dob and places of birth in section 3.9 (ie: child 1, XX/XX/XXXX, London). I'm fairly certain I ticked no, but I'm not sure enough to give you a 100% answer, which is why I think you should call the UKBA number on the guide to set(m). I wasn't on hold long and the question was answered within 3-4min so it shouldn't be too much of a time waster :)

z4ydi
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Post by z4ydi » Tue Mar 19, 2013 10:20 am

I called UKBA and the advisor said she can't answer the questions but if I have children I should answer accordingly i.e. say YES to question 3.1 and skip the rest of the section 3.
I called again and spoke to another advisor she said that since both my children are British I should skip the whole section and not answer any questions in section 3 if none of the children are applying for ILR.

I am so confused.

sarah benny
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Post by sarah benny » Fri Mar 22, 2013 4:00 pm

If children are british, you dont need to fill that section.

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