FLR(M) for dependants

[MUHAMMAD ARIF KHAN]

Hi Sir

Thanks God , I have been granted ILR on long residency basis on 04.11.2011. (after 11 weeks waiting time). I applied for my application on 12.08.2011 , acknowledgement received date was 17.08.2011.

I applied for my wife and 10 months baby in separate application on 12.09.2011. but I have'nt received her passport although they are my dependants. My baby was born in UK while my wife arrived in the UK on 26.08.2006. She has been my dependant throughout this period. She waited for my acknowledgement letter , so that we could give my reference number in my wife and child application. So that once my application gets approval then dependant will assessed.

My question is by what time should I accept their passports back from Home office? The processing should count from her application acknowledgement or from my visa grant date?

FORM M USED FOR MY DEPENDANT APPLICATION.


Thanks in advance

[geriatrix]

What application have your dependants made - FLR(M)?

[MUHAMMAD ARIF KHAN]

YES FLR M WAS USED

[geriatrix]

1. You should inform UKBA that you have been granted settlement (evidence of settlement of spouse / partner is a requirement for FLR(M)). If you leave it to UKBA to figure it out, it may further delay a decision on your dependants' FLR(M) application.
2. You will get their passports back only when a decision on their application has been made. No one can tell you how long this may take.

[geriatrix]

Hi Sir

I am looking for some guidance in the sense of any sort of registration of my baby and any claim that I can submit.

Firstly my baby was born in Dec 2010 in UK. at that time my status was HSMP and my wife was dependant on me. I got ILR in Nov 2011. We belong to Pakistan. My wife and baby's passports are in UKBA now as they applied as my dependant in Sep 2011 but haven't got passpoprts back from UKBA. (I got ILR on long residency and they applied as my dependant on FORM M ).

Now my question is what is next for my baby , I mean to say what Visa she gonna get , how and where should I apply for her british residency. I have no clue what to do next for my baby . If I can apply for any benefit she is entitled to like that.


ManyMany thanks in advance , if you also could tell me where can I get more information about these issues.


Many Thanks


Khan

[geriatrix]

There was no need to include your UK-born child in the FLR(M) form. A child born in the UK is entitled to be registered as British citizen under section 1(3) of BNA 1981 after either parent is granted settlement.

[kalmefrnd]

Hi...

Could u pls tell me what are the documents you provided for the FLR(M). I am the single applicant for FLR (M) planning to apply soon. Application and how long did they take for processing. And what is the mode of payment if the documents are submitted by post. Is the online payment accepted and what is the exact procedure?

Requesting your advice on this at the earliest

[MUHAMMAD ARIF KHAN]

Hi Sir

Finally my wife and baby got three years visa . Its discretion visa dependant on me . Even my baby got visa as my dependant. Can I ask you few questions .

1 - Me and my family are planning to travel abroad . I will travel for five weeks while my baby and wife will travel for four month. does it efeect on ILR?

2 - When I can apply for neutralisation?

3 - When my wife will be eligible for ILR? she arrived in UK on 26.08.2011 and have been my dependant throughout this period lastly she got discretion visa for three years on 11.11.2011. Is this after six years continuous stay in UK or something different ?

4 - When can I apply form MN1 for my UK born baby?

5 - I heare'd that ILR will no longer exist by Mach 2012. is this true ? how it will effect mine and my family visa ?

Many Thanks

[geriatrix]

Why has your wife been issued discretionary leave? Did you inform UKBA about your settlement application (and provide the necessary details such as name, nationality, date of birth, settlement application reference number) when your wife applied for FLR(M) leave? Before her application was decided upon, did your wife inform UKBA after you were granted settlement and submit a copy of your passport and settlement vignette?

1. No.
2. When you meet the standard requirements.
3. Under discretionary leave one can apply for settlement after 6 six years (of being granted discretionary leave).
4. Anytime you want to.
5. You have heard wrong.

[MUHAMMAD ARIF KHAN]

Hi Sir

Thanks for your quick response . Please have a look at my email I sent to home office on 12.11.2011 . (I think they have already decided the case by then , I do not have passport with mye now , sorry) .

MY EMAIL -

Hi Sir

I am attaching the following documents for your reference.

1 - AMBER ARIF - ACKNOWLEDGEMENT OF DOCUMENTS RECEIVED - This application was made on FLR (O) as my dependant , while I applied for ILR under Long residency category . My application has been decided on 26.10.2011 . ( Please see my other two attachments as proof 1 - A letter confirming my visa extension 2 - copy of ILR vignette issued on 26.10.2011) .

Since Amber Arif ( My Wife ) applied as my dependants although in different Form i.e FLR (O) ( because of home office restriction that ILR applicant under Long residency can not include dependants), We are just wondering that we haven't received her decision yet. Its been nine weeks now since the letter of acknowledgement has been issued date of 09.09.2011 and two weeks after my ILR permission i.e 26.10.2011. To my understanding (source our solicitor) Amber Arif would get visa almost at the same time of my application is decided.

Any How , any possibility you please tell us the approximate period of time when her application will be decided ? Since my sister's wedding ceremony will be held in First week of December 2011 and we are simply praying that my wife Amber Arif could get her passport with visa extension and we can arrange our tickets and attend the weeding ceremony back home.

PLEASE NOTE : THIS IS NOT A REQUEST FOR AMBER ARIF'S APPLICATION WITHDRAWAL .


I believe it covers some of your questions that I did email to home office about my visa extension , I attached her acknowledgement letter and my vignette , but it seems that was bit late.


At the time of her application made on 09.09.2011 my decision was not made and my wife's visa was expiring on 12.09.2011. so we give my case reference saying that once my decision been made please consder my wife and baby application. Definitely I was not settled by that time .

Now can I revise my questions

1 - what should we do now for my wife VISA , as I did emailed to home office saying I got visa but that was bit late and home office issued her discretionary visa , should we challenge this visa ?

2 -Refer to my question NO : 1 since my wife ad baby are going for 4 months and my solicitor was telling me she should not go for more then 90 days .

3 - In my case i.e ILR on 26.10.2011 , by what date the standard requirement will meet , if possible please give me any link to study that.

4 - My wife got discretionary leave from i think 11.11.2011 to 11.11.2014 , while she has been here since 26.08.2011. Should she get another three years discretionary visa to make it six years or she can apply ILR before that time , if so then when ?

Many Thanks for the rest of answers. You are star.

[Greenie]

why did you apply on form FLR(O), in contradiction to your previous statement that you applied on form FLR(M)? This is why discretionary leave was granted.

[MUHAMMAD ARIF KHAN]

Sorry for mistake . Anyways Forms definitely chosen by my lawyer not by me. and definitely they suggested that fORM (O) . That My mistake that I tell you FORM (M) instead of FORM (O) . I apologies for this inconvenience.


But my question remain the same .

1 -The effects of discretionary leave on my wife annd baby ILR and neutralisation .

rest of the question remain same.

I feel so sorry again.

[vinny]

As your wife used the incorrect form, she was granted discretionary leave. This means 6 years instead of 2 for ILR.

However, baby entitled to register for British citizenship now.

[MUHAMMAD ARIF KHAN]

Hi Sir

Can I ask you about travelling of my wife and baby , as they are going from 04.12.2011 to 31.03.2012 almost four months . if there will be any difficulty in coming back on immigration as they will be coming after long period. Will this long journey effect on my wife's future ILR .


For my baby , when she will be able to get british passport. (I apologies may be asking stupid question , but I am not clear in neutralisation , british nationality etc ).

Many Thanks

[geriatrix]

1. Five months is not a long absence. They may return anytime before their leave expires (in 3 years).
2. First an application for registration as a British citizen (as explained in responses above) and then, after you have received the registration certificate, an application for a British passport.

PS: Don't use the same solicitor .... for any immigration related issues/applications ... ever.