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ReadyLaw
ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 4683
Experience:  Bar Professional Training Course
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I was hoping to speak withsome on immigration advice, I have

Customer Question

Hello
JA: Hello. How can I help?
Customer: I was hoping to speak withsome on immigration advice
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I have applied for my Son;s Dependent visa on my VISA. which is 5 year skilled worker visa. My husband's work visa is expriing in august 2022. so i have applied for me son to be on my visa. We live in the UK and we are canadian citizens with UK work visa now the UKVI said they have put my son's Brp on hold because they want to know if my husband will be appying as dependend on me . if not then they will give my son the visa with which ever parent hs shorted visa .
JA: Have you talked to a lawyer about the visa?
Customer: My husband is not eligible to Apply for ILR and he wil be applyiing for ILR this year. no i have not and i woul like to speak to someone can your firm guide me who i can talk to
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: nope nothing else
Submitted: 11 days ago.
Category: Law
Expert:  ReadyLaw replied 11 days ago.
Hi welcome to justanswer
Customer: replied 11 days ago.
Hello
Expert:  ReadyLaw replied 11 days ago.
I amCustomerone of the legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.
Expert:  ReadyLaw replied 11 days ago.
I may not respond immediately, this is because I may need some time to read what you shared above, type and respond to you.
Expert:  ReadyLaw replied 11 days ago.
If there is anything else you need, please let me know before I respond?
Customer: replied 11 days ago.
Thnak you . Yes i would like to know , if i can switch my son;s dependend VISa on me . My husband is eligible for ILR and he will be applying for that this year . but me and my son are not yet eligible
. please have a read and let me know
Customer: replied 11 days ago.
I have already applied for my Son's dependent VISA to be switched on my visa. HOwver i have recieved emial form UK VI that they have put it on hold as htey want to know if my husvand will be appplying as depended on me if not then they wil give my son the same visa date as my husband ( 20th august 2022) . I am travelling with my son in JUly and coming back in sept which means his visa will have expired .
My husband will be applying to ILR this year not work visa
Expert:  ReadyLaw replied 11 days ago.

Thanks for your patience and enquiry. I am not sure why the Home Office has Issued that directive. A dependant child can switch legally from one main parent/applicant to the other.

Customer: replied 11 days ago.
interesting . this is what they have emailed me
Your husband currently has leave to remain until 20/8/2022. Could you please let us know if he will be joining you on this application as a dependant or making a new application. If not then the children’s leave will be granted in line with their father due to his leave being the shortest.When parents have two different types of leave the children will always be granted to the person with the shortest leave (leave expiring the first).Could you please let us know if your husband will be a dependant joiner on this application or making a new application and if you agree/aware that your child will be granted in line with your husband’s leave if he doesn’t apply for further LTR.
Expert:  ReadyLaw replied 11 days ago.

You may write back requesting for it to be processed as applied for. The home office may have taken this stand because it ultimately may be resolved in the best interest of the child if it were to be processed with dad. This is because the time for the child to ultimately obtain ILR would have been reduced. However, there is nothing in law that says it could not be processed as you have applied for it.

Expert:  ReadyLaw replied 11 days ago.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 11 days ago.
i have responded to them saying that My husband will apply for ILR and so technically my VISA will be shortest . May i please know if they do not agree to give my son VIS on my visa can i still take him to canada with me and return after his VISA expires? We have canadian passport so we can legally enter the country without
Customer: replied 11 days ago.
Can i Still take him out of UK and Be back after his VISA has expired if they give hinhim only until August 2022?
Expert:  ReadyLaw replied 11 days ago.

You can legally enter the country without a visa but that would be on the basis of visitation. You cannot switch whilst in country from a visit visa to another visa. As such your son would become illegal. You could take him and when the visa expires apply from outside the UK for the requisite visa for him to re-enter.

Expert:  ReadyLaw replied 11 days ago.

You cannot return with him as a visitor in the hopes of him later switching to another visa category in the UK.

Customer: replied 11 days ago.
i see thank you for this advice .thank you for your help .: Have wonderful week
Expert:  ReadyLaw replied 11 days ago.

You are most welcome. You too.