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10 year ILR with home office - status of dependants

Posted: Sat Oct 24, 2009 8:30 pm
by saurya_s
Hi all,
My 10 year ILR application is with the home office and I have been told that my status stays as my current status (HSMP) till a decision is made. My current HSMP is due for renewal in a month. Consequently, my partner visa runs out the same day. So what happens to the status of my dependants till decision on my ILR is made after my current visa expiry? Does their status stays as mine or their stay becomes unlawful. I am specially worried as ILR based on 10 year is considered solo application.
Thanks
S

Posted: Sun Oct 25, 2009 11:25 pm
by vinny
[url=http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/]Application types[/url] > Completing application form SET(O) wrote:However, if you are applying because you meet the long-residence requirement, you may not include any dependants in your application. If you do, their applications will be refused. They may apply separately if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, he/she may apply for temporary permission to stay (limited leave to remain) on application form FLR(M), in which case he/she can include any children under 18 as his/her dependants. For other options, see the detailed SET(O) guide.

Posted: Mon Oct 26, 2009 8:53 am
by saurya_s
Vinny,
I understand this is applicable when I get ILR and my dependants switch to FLR(M) till they get their own ILR.
Since my documents are with home office while the decision is made, I have been told that my status will be same as my current status. I wanted to know what will be the status of my dependants during that period.

My current visa and for my dependants as well run out on Dec 20. I have submitted my application in mid October. If decision on my case is made by end of December, what would be the status of my dependants from 20 Dec onwards.

Thanks

Posted: Tue Oct 27, 2009 3:50 am
by vinny
If they do not make applications for extensions before their leave expires, then they will become overstayers after their leave expires.