Post
by kash_hayyat » Fri Aug 08, 2014 11:57 am
Hi Amber,
I hope you are well.
I just discuss the issue over the telephone with the Home Office and the advisor said I need to fill 1x FLR(O) form and include my children as dependants.
I was given leave (with NRPF) to remain in 2013 as in-line with my children, expiring in September 2014.
My children were granted 3 YR DLR in 2011, expiring in September 2014.
Over the telephone I did point out the date of grant of my leave (2013, after July 2012 new route) and NRPF condition attached (NRPF condition has now been removed because of destitution) and that I should be using FLR(FP) but the Home Office advisor said because you were given leave in-line with your children, you will need to use FLR(O) and include your children as dependants. We all will get 3 years leave. Children will be entitled for settlement after total of 6 years of DLR and I will be entitled after 10 years of leave.
Now, I need to make an application for extension with fee waiver because my financial circumstances are same.
You said I should be using SET(O) for children, I understand, but I can't afford the fee and there's no fee waiver option available.
If I use FLR(O), how should I ask the Home Office to grant ILR instead of DLR for my children on the basis of the case of SM and TM and JD and Others v SSHD [2013] EWHC 1144 (Admin)?
I will appreciate your point of view on this.
Regards