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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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HI FINALLY I GOT MY INDEFINETE LEAVE TO REMAIN ON 10 YEARS

Customer Question

HI FINALLY I GOT MY INDEFINETE LEAVE TO REMAIN ON 10 YEARS LAWFUL
MY QUESTION IS REGARDING MY DEPSNDANT I WAS CONFUSED ON WHICH APPLICATION TO SUBMIT FOR MY DEPENDANT AS THEY DID NOT QUALIFY FOR 10 YEARS LAWFUL.
I SUBMITTED AN FLRO APPLICATION FORM FOR MY WIFE AND MY SON BEFORE THEIR VISA EXPIRED JUST TO KEEP THEM LEGAL
THEIR APPLICATION STILL PENDING WITH THE UKBA.

WHAT SHOULD I DO NOW?
I BRLIEVE I QUALIFY TO SPONSORE THEM NOW AS I EARN MORE THAN 25000 PER YEAR AND I AM SETTLE IN THE COUNTRY.
WHAT SHOULD I DO?
WHICH APPLICATION I SHOULD SUBMIT?
HOW I CAN VARY THE APPLICATION?
THANKS
NITISH
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

What visa did they hold prior to you applying for flr o?
How long have they been in the uk?

Kind regards
Customer: replied 3 years ago.
My wife was on a tier 4 student visa and my son was on tier 4 dependant
My wife been in this country 8 yrs 6 months and my son born in the uk he is 5 yrs old
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. In respect of your son he is now eligible to be registered as a British citizen, because he was born in the uk and you have now obtained indefinite leave to remain (settlement ).

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/

You would need to apply for the child to be registered as a British citizen by using form mn1, please see following link :

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/childregisteringasbritishcitizen/

You therefore need to write to the home office send the fees for the home office and a filled in application form asking the home office to vary the application. You need to write to the same department that you sent the flr o application asking them that you now wished to apply for British citizenship for your child.

2. In respect of your partner she would need to apply for a spouse visa, the form she needs to fill in is flr more, please see following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

You need to submit all the evidence in respect of your income, ie 6 months payslips and 6 months bank statements and a letter from your employer confirming your employment and salary. You would also need to pay the required fee and submit any further documentation. You should then write as stated above and inform the home office that you wish to vary your partner's application as well.

These are complicated applications so do consultant a solicitor if you desire.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Hi Thanks for the useful information, I want to submit their application myself


and is it possible when i submit the application for my wife i put my son as dependant and on which address should i post the flrm application form and how much should i pay their home office fees.


 


When i submit their application do i have to attached a letter and tell them to vary the application or i have to write it on their application form


 


If i dont want to show my payslip how much money should i show to sponsore my son and my wife and for how long

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. If you want to submit the application your self for your son then you should withdraw the flr o application for your son and then submit the naturalisation application. You can use the post office service for that should you wish. The fees are stated on the form and guidance in the link I have provided above.

2. If you want to vary the application then it maybe a lot more complicated application therefore it is better for you to submit further evidence regarding your current visa and write that the home office should now take in to account that you have obtained indefinite leave to remain and submit bank statements, payslips or accountant reports (if self employed ) to inform them that they need to issue your wife with permission to remain in the uk.

In respect of finance you would need to show payslips if you are in employed work in the uk, if you do not submit this then the home office may refuse the application. If you are self employed the you need to submit 2 years of accounts.

I hope this answers your question if so kindly rate my answer positively.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

HI THE UKBA REFUSED MY WIFE AND SON APPLICATION ON THE FLRO TODAY.


THEY REFUSED IT ON THE FIRST OF JULY BUT I RECEIVED IT TODAY ON 5TH OF JULY.


REASON:


DECISION UNDER PARTNER ROUT:


THE REQUIREMENT OF APPENDIX FM R-LTRP 1.1 ARE THAT:


(d) THE APPLICANT MUST NOT FALL FOR REFUSAL UNDER SECTION S-LTR: SUITABILITY LEAVE TO REMAIN AND THE APPLICANT MUST MEETS THE REQUIREMENT OF PARAGRAPH E-LTRP.1.2-1.12. AND E-LTRP.2.1. AND PARAGRAPH EX.1. APPLIES.


THEY GIVE HER RIGHT OF APPEAL


 


PLEASE WHAT DO YOU SUGGEST CAN SHE STILL APPLY FOR


 


SPOUSE VISA FOR MY WIFE AS WE MEET ALL THE REQUIREMENT NOW BUT SHE DOESN'T HAVE VISA NOW AND THE KEPT HER PASSPORT.


CAN I STILL APPLY CITIZENSHIP FOR MY SON AS I AM SETTLE NOW AND HE BORN IN THE UK

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. Yes you should appeal the decision of your wife and in the grounds of appeal inform the tribunal that you have now obtained indefinite leave to remain in the Uk and you want the judge to consider this when deciding what type of visa should be issued. If you meet the £18,600 financial threshold then include details of this in the appeal grounds and state that you wife should be issued with a spouse visa because you meet the financial criteria for this visa or at least discretionary leave to remain.

2. Yes you can apply for naturalisation for your son, but please do consult a solicitor prior to applying, they may be able to submit a much better application and write a better covering letter explaining the whole situation.

I hope this answers your question.

Kind regards
Customer: replied 3 years ago.

HI THANKS FOR THE QUICK REPLY


INSTEAD OF APPEAL CAN I SUBMIT A FRESH APPLICATION FOR MY WIFE AS SPOUSE DEPENDANT (FLRM)


 


THANKS


NITISH

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes this is an option but what you need to do is provide reasons why the application was not sent from outside of the UK ie state that she was in the UK as your dependent and is not subsequently applying for a spouse visa. I would do this as soon as possible no later than 28 days from the date of receipt of the refusal letter.

Kind regards
Customer: replied 3 years ago.

HI JUST TO LET YOU KNOW I WAS ON HER DEPENDENT SHE HAD A VALID TIER 4 VISA UNTIL 5 FEBRUARY 2013 AND I WAS DEPENDENT TIER 4 ON HER BEFORE I GOT MY SETTLEMENT.

 

FOR FLR M APPLICATION IS THERE ANY RULES SAID YOU SHOULD HAVE A VALID VISA TO APPLY OR EVEN SOMEONE WHO GOT REFUSAL CAN SUBMIT THE FLRM APPLICATION AS LONG WE MEET THE REQUIREMENT AND WE SEND IT BEFORE 28 DAYS BEFORE THE REFUSAL.

 

CAN I DO THE FLRM APPLICATION ON THE SAME DAY SERVICE EVEN SHE DONT A VALID VISA

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your application.

With FLRM applications, the applicant should have valid leave to remain at the time of submitting the applicant. If the application is allowed it would be at the discretion of the immigration officer.

In respect of applying using the same-day service yes this is possible, but if the home office feel that this application is complicated ie due to her previously application for FLR O being refused and her applying as an overstayer then they might take their time in deciding the application and it may not be returned to you on the same day.

Kind regards
Customer: replied 3 years ago.

HI IF I WANT TO APPOINT YOU TO TO THE SAME DAY


HOW MUCH DO YOU CHARGE


HOW FAST CAN WE GET AN APPOINTMENT


AND THE KEPT ALL HER HER DOCUMENT EVEN HER PASSPORT IS WITH THE UKBA. THEY ONLY SEND THE REFUSAL LETTER AND THE APPEAL FORM

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

If they have kept all her original documents then I would suggest that you submit a postal application which would allow the home office to obtain the passport from the relevant department and consider this as part of the applicant.

Same-day application will not be accepted if she does not have her original passport with her.

Unfortunatley, we are prohibited from contacting customers outside of this website and are only able to give advise via this medium. Im sorry for any inconvenience caused.

Kind regards
Customer: replied 3 years ago.
Hi
Do I need to inform them I will not go for an appeal I will submit a fresh application for my spouse and how many days she has to do this.

Apart from my 6 months pay slip I have £10 000 on my saving Acc for more than 6 months + my wife has £10 000 on an investment account in barclays for more than 5 years can I use this for to support the FLRM Application

For my son does he need a valid visa to apply for NM1 as I settle in the uk and he born in the uk. What is the requirement pls and how long does it take approximately to process and again ukba kept all his original document example birth cirtificate etc

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