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10 Years, appeal pending, dependent status

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entoct2012
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Posts: 14
Joined: Mon Aug 03, 2015 11:32 pm

10 Years, appeal pending, dependent status

Post by entoct2012 » Tue Aug 04, 2015 12:27 am

Hi Friends,

My PSW visa has expired and My appeal was refused in April 2015 and i applied for permission to appeal in May 2015 and till date have not received any answer from the tribunal. I am completing my 10 years in september 2015.
I have been told that i can apply in end of august for 10 year ilr. Can anybody please tell

1- what will be the visa status of my dependants (do they need to apply once my application for ilr is approved , will not be they considered overstayers once i withdraw my permission to appeal , as ilr form for main applicant does not have any pages for dependant information )
2- Do i need to maintain maintenance funds for their applications for later
3- I do not remember my travel history , which i have to fill in the ilr application form , what should i do
4- My passport has expired and is with home office , so i cannot renew my passport unless i get my expired passport .


All , please share your experience or information .

Thanks

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: 10 Years, appeal pending, dependent status

Post by Obie » Tue Aug 04, 2015 10:43 am

You have a lot to do.

Make SRA Request to ensure you have not broken continuity of residence.

Do Life in the UK test and B1 test if you do not have a degree level qualification that was taught in English.

Then you will need to apply for the family and demonstrate you meet the financial requirement.

The lawyer dealing with the appeal should be able to explain this to you.
Smooth seas do not make skilful sailors

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: 10 Years, appeal pending, dependent status

Post by Zee ali » Tue Aug 04, 2015 11:37 am

entoct2012 wrote:Hi Friends,

My PSW visa has expired and My appeal was refused in April 2015 and i applied for permission to appeal in May 2015 and till date have not received any answer from the tribunal. I am completing my 10 years in september 2015.
I have been told that i can apply in end of august for 10 year ilr. Can anybody please tell

1- what will be the visa status of my dependants (do they need to apply once my application for ilr is approved , will not be they considered overstayers once i withdraw my permission to appeal , as ilr form for main applicant does not have any pages for dependant information )

No dependents in set lr form. Only u who can apply. Before apply make sure u exhaust all appeal rights or withdraw appeal and apply set lr. Do not apply same day when u withdraw appeal. Give 1 or 2 days than apply (postal application ).

2- Do i need to maintain maintenance funds for their applications for later

U can use same day service for your set lr. U need to be very careful and should know what u r doing. If u go to same day service and if u find a good case worker he/she can give u decision same day otherwise may be later is some cases within a week or 2 or longer. If u decide to go to same day service u must wait for court appeal withdrawal confirmation letter (which normally comes in a week time ) from withdrawal.

If u in ftt appeal withdrawal date is when tribunal receive it (by fax same day )

if u r in UT appeal withdrawal date is when judge accept it. Read latest section 3c guidance . google it.


3- I do not remember my travel history , which i have to fill in the ilr application form , what should i do

Did u keep photocopies of passports all pages ? if yes than u can see from there. if not than u r not a good planner u should know that at the time of application u would not have your passport. In SAR in my case they just sent me my first landing card and no other information about my travel history. SAR can take 2 to 3 months as well and u r going to apply in end of august.

4- My passport has expired and is with home office , so i cannot renew my passport unless i get my expired passport .

Best bit for u is to go to same day service if case worker has any problem with expired passport he will tell u there so u can request them to give u a letter so u can renew it.

How many dependents u have? do u have any child ? where they born?



All , please share your experience or information .

Thanks
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

vinny
Moderator
Posts: 32781
Joined: Tue Sep 25, 2007 7:58 pm

Re: 10 Years, appeal pending, dependent status

Post by vinny » Tue Aug 04, 2015 1:02 pm

If your dependants did not make any applications for leave to remain prior to expiry of their leave, then they are already overstayers!

Else, did they appeal too?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kilimited
Newly Registered
Posts: 2
Joined: Wed Feb 05, 2014 11:39 pm

Re: 10 Years, appeal pending, dependent status

Post by kilimited » Sat Aug 08, 2015 8:05 pm

Thanks obie, Vinny and Zee Ali ,

Yes, My dependants also appealed and they are not over stayers.
Also i have dome masters degree from UK and also have booked life in UK test for next week.

Zee Ali , thanks for your detailed reply.

Can anybody pls guide me on the following points.

When i go for ilr 10 years premium service, which application form my wife will be using for her extension of stay ?
Do i need to show maintenance funds for her application ? will it be flr(m)
My two kids age 5 and 2 were born in the UK , can they apply for naturalization on the same date
or which kind of extension all my dependants will apply because when i will withdraw my appeal , all of them have to apply for extension anyway.
Regarding my travelling history , pls guide which FORM will be used to get SAR or in other case , i know all my travel history except one visit abroad. in case i dont get my SAR in time , can i not leave one box blank in the application form and explain in the separate note ?
Pls reply

Thanks

vinny
Moderator
Posts: 32781
Joined: Tue Sep 25, 2007 7:58 pm

Re: 10 Years, appeal pending, dependent status

Post by vinny » Sat Aug 08, 2015 11:50 pm

If you are granted ILR, then your spouse may apply for FLR(M) under Appendix FM. UK born children will be entitled to register.

See also SAR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: 10 Years, appeal pending, dependent status

Post by Obie » Sat Aug 08, 2015 11:52 pm

kilimited wrote:Thanks obie, Vinny and Zee Ali ,

Yes, My dependants also appealed and they are not over stayers.
Also i have dome masters degree from UK and also have booked life in UK test for next week.

Zee Ali , thanks for your detailed reply.

Can anybody pls guide me on the following points.

When i go for ilr 10 years premium service, which application form my wife will be using for her extension of stay ?
Do i need to show maintenance funds for her application ? will it be flr(m)
My two kids age 5 and 2 were born in the UK , can they apply for naturalization on the same date
or which kind of extension all my dependants will apply because when i will withdraw my appeal , all of them have to apply for extension anyway.
Regarding my travelling history , pls guide which FORM will be used to get SAR or in other case , i know all my travel history except one visit abroad. in case i dont get my SAR in time , can i not leave one box blank in the application form and explain in the separate note ?
Pls reply

Thanks
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entoct2012
Newly Registered
Posts: 14
Joined: Mon Aug 03, 2015 11:32 pm

Re: 10 Years, appeal pending, dependent status

Post by entoct2012 » Tue Aug 11, 2015 9:38 am

Hi Friends ,

please help if any one can by replying .

thanks

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