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Child born in uk

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Rss
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Child born in uk

Post by Rss » Sat Dec 19, 2015 3:17 am

Hello viny,amber obie
I just want to ask my child was born in uk in 2011 and I was on Tier 1 general. At the time of extension I apply her visa and she also travel to Pakistan now Iam going to apply for lit.can I skip her application.
And second question my wife is here in uk from 2010 off course she can apply ilr with me but due to some medical reason she cannot clear liuk test. What will be her status and she apply in different categories will she apply ilr after that or she will get 2 extensions of 2.5 year each.
Could you pls answer of questions.
Thanks

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Re: Child born in uk

Post by geriatrix » Sat Dec 19, 2015 8:38 pm

Rss wrote:I am going to apply for lit.can I skip her application.
I suppose you mean "apply for ILR"? If yes, then you may choose not to include the child in your settlement application and register the child as British citizen directly instead after you are granted settlement. Please note that the child will not be able to travel outside the UK in such case after expiry of child's current leave (until registration is approved).
Rss wrote:And second question my wife is here in uk from 2010 off course she can apply ilr with me but due to some medical reason she cannot clear liuk test. What will be her status and she apply in different categories will she apply ilr after that or she will get 2 extensions of 2.5 year each.
Under which route will "you" be applying for ILR?
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Re: Child born in uk

Post by Rss » Mon Dec 21, 2015 12:46 am

]Thanks for reply Iam on tier 1 general visa

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Re: Child born in uk

Post by vinny » Mon Dec 21, 2015 1:24 am

If you are applying for SET(O) on the basis Tier 1 (General), then your wife may continue to apply for leave to remain as a Tier 1 (General) dependant for periods of 3 years until she is ready to apply for SET(O).
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.

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Re: Child born in uk

Post by Rss » Mon Dec 21, 2015 1:35 pm

Thank you vinny one more thing need to be clear if she apply as a dependent of tier 1 can she apply as soon as she clear the liuk test or she will complete whole 3 year and shall I pay the Nhs charges for the 3 year.and does I will show £18600 income to apply for her extension as tier1 dependant
Thanks
Last edited by Rss on Mon Dec 21, 2015 1:46 pm, edited 1 time in total.

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Re: Child born in uk

Post by vinny » Mon Dec 21, 2015 1:44 pm

Yes. She may apply for ILR at any time when eligible. Will have to pay the appropriate NHS surcharge for 3 years when applying for limited leave to remain. Not sure if she will be able to get a refund on any NHS surcharge when she eventually applies for ILR.
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.
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Re: Child born in uk

Post by Rss » Mon Dec 21, 2015 1:49 pm

Thank you vinny for reply shall I need to show £18600 income in both time I.e at the time of extension and at the time of ilr of my wife

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Re: Child born in uk

Post by vinny » Mon Dec 21, 2015 1:54 pm

The £18600 requirement is only applicable for FLR(M) applications. If she is applying for leave to remain as a Tier 1 dependant, then I think she should satisfy the requirements for a Tier 1 dependant, as if you still were a Tier 1 (General) holder.
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.
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Re: Child born in uk

Post by Rss » Mon Dec 21, 2015 7:14 pm

But her visa as tier 1 dependant will be expire at the same time when my visa will be expire.so is this possible that she will get extension as a tier 1 dependant because I will apply ilr for myself.
Thanks

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Re: Child born in uk

Post by CR001 » Mon Dec 21, 2015 7:19 pm

Rss wrote:But her visa as tier 1 dependant will be expire at the same time when my visa will be expire.so is this possible that she will get extension as a tier 1 dependant because I will apply ilr for myself.
Thanks
Yes.
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Re: Child born in uk

Post by Rss » Mon Dec 21, 2015 7:23 pm

Thanks a lot this board is really helpful.

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Re: Child born in uk

Post by Rss » Sat Jan 09, 2016 8:14 pm

Dear members could you please guide me in this matter. As I have already mentioned in my previous posts that due to long illness of my wife she is not able to clear liuk and B1 test.but Iam going to apply ilr in may2016.i have read on home office website there is exemptions for b1 and liuk test and doctor also strictly advice to her not to travel for any courses and he will give a letter in which explain all health conditions.
My question is can I apply ilr of my wife the same time with me without her liuk and b1 tests. She can prepare all these after her treatment will be completed before to apply citizenship in next year. Could you please tell me or someone has face the same condition
Thanks

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Re: Child born in uk

Post by CR001 » Sat Jan 09, 2016 8:49 pm

vinny wrote:If you are applying for SET(O) on the basis Tier 1 (General), then your wife may continue to apply for leave to remain as a Tier 1 (General) dependant for periods of 3 years until she is ready to apply for SET(O).
The advice that vinny has given you would be the most sensible option. She risks her ILR being refused if she does not meet the LIUK and English requirement. Have you clicked on the blue underlined links that vinny provided.

Usually only exceptional, long term medical issues will be considered for exemption from LIUK and the language requirement.
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Re: Child born in uk

Post by Rss » Sat Jan 09, 2016 9:08 pm

Thank u CR001 for reply. I didn't find any link if you please tell me about any e mail address of home office so I can send them doctors report and get their advice
Thanks

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Re: Child born in uk

Post by CR001 » Sat Jan 09, 2016 9:12 pm

CR001 wrote:
vinny wrote:If you are applying for SET(O) on the basis Tier 1 (General), then your wife may (Click this link) continue to apply for leave to remain as a Tier 1 (click this link) (General) dependant (click this link) for periods of 3 years until she is ready (click this link) to apply for SET(O) (click this link).
See the links clearly indicated now.

Home office is known for giving incorrect advice so don't rely on what they tell you.

As an aside, if her medical issue is long term going back many years, you would likely be required to submit ALL of the evidence from when she was first diagnosed as well as evidence of all the NHS services/departments she is seeking help from.
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Re: Child born in uk

Post by Rss » Sat Jan 09, 2016 9:17 pm

Thanks cr001

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Re: Child born in uk

Post by Rss » Thu Feb 11, 2016 2:00 am

Hi
If someone please help me in this matter.4 years before my child was born here and we start to get child benefits for nearly 14 months but after that one of my friend told me to stop it because we can't get it unless we have ilr . I send a letter to hmrc they stopped it and I have also a proof that I informed them and we were claiming the benefits wrongly anyhow now we are going to apply for ILR does it effect on our application
Thanks

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Re: Child born in uk

Post by CR001 » Thu Feb 11, 2016 11:02 am

Did you pay all the money back to HMRC?
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Re: Child born in uk

Post by Rss » Thu Feb 11, 2016 10:16 pm

Thank you for reply no hmrc wrote me letter to confirm they will stop it and my child is not entitled but did not ask me to payback bcz I inform them my self and honestly I was not assure whether I can get it or not midwife bring the papers and told us to post it I asked can I apply this she said yes everyone can apply after child birth in uk but after 1 year my friend told me to stop it now Iam not sure what to do

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Re: Child born in uk

Post by CR001 » Fri Feb 12, 2016 8:07 am

Midwives are NOT immigration advisors or specialists. It is the migrants responsibility to check if they are eligible. It is not the child that claims, it is the parent.

You should pay the money back. You were not entitled to it and therefore have no right to 'keep it'. HO can check this and most people who have made this mistake have paid all the money back and got a letter confirming this.
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Eu residency card

Post by Rss » Mon Feb 22, 2016 7:54 pm

Hi if someone pls guide me in regarding residency permit
My cousin is from itlay national and he is in the uk from last 6 month can he apply for residency card and what's the procedure and how he can get the application forms and his wife is non eea national but in uk as a family member of EEA national and how she can apply for the extension of her visa
Kind regards
One

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Re: Eu residency card

Post by noajthan » Mon Feb 22, 2016 9:30 pm

Rss wrote:Hi if someone pls guide me in regarding residency permit
My cousin is from itlay national and he is in the uk from last 6 month can he apply for residency card and what's the procedure and how he can get the application forms and his wife is non eea national but in uk as a family member of EEA national and how she can apply for the extension of her visa
Kind regards
One
Just google: eea residence certificate / card in uk
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