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ILR with police caution - help?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Amber
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Post by Amber » Wed Oct 02, 2013 3:28 pm

Ring the UKBA and ask them?
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Post by jan123 » Thu Oct 03, 2013 8:40 pm

hi amber, i am sorry to be a nussainance. but i could not get in touch with ukba to ask for form. but i think i can use flro.

just last suggestion/advice if you could be kind enough to give. should we try ourself for switching or should we use some solicitor for the purpose.

what you recommned and what are the chance to get this sorted. please reply soon as you know we only 2 months left.

thanks
3143

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Thanks and new question/problem

Post by jan123 » Thu Oct 17, 2013 8:05 pm

amber and vinny,

first of all thanks for your help. we attended PEO Sheffield today to switch my wife visa from tier 4 to my dependent - work permit holder under old catagry which is successful.

We both wil hopefully be able to apply for ILR in dec13 now.

I just want an advise for my baby now who is in pakistan at the moment. She was dependent to my wife on tier 4 which has been changed now.

We want to bring our baby back in Jan14 due to my wife study contraints.I just wondering can we apply for her settlement from pakistan once we are granted ILR in Dec13 , as she was born here or we need to apply on VAF4a form first for entry clearence and then she can apply for settlement from UK?

Will be very kind for your further help.

Regards
3143

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Post by Amber » Thu Oct 17, 2013 8:08 pm

Which form did you use for your wife?

As you child was born in the UK then just register the child as British as soon as either parent is granted ILR on form MN1 by virtue of s1(3) BNA.
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Post by jan123 » Thu Oct 17, 2013 8:14 pm

We used FLRO form and form does has a option to tick ie applying to be dependent of person who has leave to remain which is not point base.

regarding. my question is what we have to do to bring her here from pakistan and will it effect in any case her eligibility to be british citizen as she is born here but wont be here at the time of our ILR application.

thanks
3143

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Post by Amber » Thu Oct 17, 2013 8:27 pm

She does not have to be in the UK to register as British as she has an entitlement to such. If you do not want to register her as British then she can apply for ILE once both of you are settled, but registration as British makes more sense, to me at least.
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Post by jan123 » Thu Oct 17, 2013 8:38 pm

As per one of Vinny's reply to someone, "immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status".

Can you please confirm that the child need to apply on same time as of parents for their ILR or the baby can apply later for british citizenship? Also applying for british registration from outside uk will not be an issue?
3143

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Post by Amber » Thu Oct 17, 2013 8:54 pm

The child can apply anytime after either parent has ILR both in the UK and abroad. Though, the sooner the better.
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Post by jan123 » Thu Oct 17, 2013 9:51 pm

You mean this registration can be used as uk entry clearance for entering the UK?

Thanks
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Post by Amber » Fri Oct 18, 2013 7:50 am

No, once the child was registered as British, you would apply for a CoE (2-4 weeks) or British Passport (much longer, generally) and either could be used to enter the UK. It would up to the ECO whether they would just accept a registration certificate to enter.
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Post by jan123 » Fri Oct 18, 2013 11:21 am

Dear Amber

You have been really kind to respond my queries. Can I ask one more thing, what if I apply for entry clearance for my baby on VAF4A form only to enter in the UK asap instead of going for MN1 etc. just to avoid delay of her entering in UK? Will this path make any difference to baby's application for MN1 once she has entered in uk using vaf4a entry clearance?

Will highly appreciate your response, Many Thanks
3143

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Post by Amber » Fri Oct 18, 2013 11:32 am

No, but I'm not sure that ILE for the child will be significantly faster, perhaps you'll save a few weeks.
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Post by jan123 » Fri Oct 18, 2013 11:50 am

you mean No to "what if I apply for entry clearance for my baby on VAF4A form only to enter in the UK asap instead of going for MN1 etc. just to avoid delay of her entering in UK?"

OR No to

"Will this path make any difference to baby's application for MN1 once she has entered in uk using vaf4a entry clearance? "

Sorry for causing inconvenience.
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Post by jan123 » Fri Oct 18, 2013 12:08 pm

Dear Amber

Sorry for taking so much of your precious time but I am actually worried about my reunion with my baby once get ILR.

I just found online that there is another visa category for 'child visitor ' and if applied on priority visa application, can be processed quicker. What you think if I apply for this category any time after my ILR, that will allow baby to enter UK and once she is in UK, I can always apply for MN1? This route will even be cheaper as compare to applying for ILE and then again applying for MN1.

Many Thanks
3143

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Post by Amber » Fri Oct 18, 2013 12:24 pm

I think an intention to settle would be clear as opposed to an intention to visit. I meant no as it will not affect a MN1 application.
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Post by jan123 » Fri Oct 18, 2013 1:33 pm

thanks. will keep you update.

Have no words for thanks for your and this forum's help.

May God bless you people.

regards
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KOl

Post by jan123 » Fri Oct 25, 2013 2:40 pm

anyone:

Just wondering if my wife need to pas KOL test for her ILR application due in Dec 13 with given situation:

She was on Teir 4( which was granted on May 2012 as an extension of student visa) till start of this month. Her first student visa was granted in 2008 but she came here in 2009. She switched to dependent of wp holder ( amber you would be aware of this!)

She is student of PhD in 4th year and has progress and promoting letter for each year.

She has BSc and Msc from Pakistan taught in english.( dont want to spend money to get their acceptability checked whilst a good uni of uk gave admition for phd on that basis)

She has IELTs done but that is not vaild as its 4 years old.

Thanks
3143

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Post by Amber » Fri Oct 25, 2013 2:43 pm

If she satisfied a B1 EC requirement, that should suffice.
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Post by jan123 » Fri Oct 25, 2013 2:54 pm

can you please suggest/advice looking at her details above if she meets B1 criteria? I am confused through lot of reading.. there is no clear cut answer to this. guidance is vague
3143

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Post by Amber » Sat Oct 26, 2013 8:10 am

If you feel she did not meet a B1 EC requirement, then a NARIC English Language Assessment and Statement of Comparability should suffice.
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