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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).


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jan123
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ILR with police caution - help?

Post by jan123 » Fri Sep 13, 2013 10:11 am

Hi everyone,

I got two parts of my query, and I will be grateful if i can seek some help on some of the following confusions

1st query:

I will be eligible for my application for ILR in Dec13 following my 5 year work permit. However, I am very much worried about a simple caution i reacieved in Aug 2009 ( harassment without voilence). I know this is out of threshold that is 24 months,however i still worried if this can be a trouble. so if someone senior ( solicitor or lawyer) can answer the following

1- what is chances to be refused on general grounds?
2- will it make any difference if i seek help from some solicitor
3- should i disclose caution in applicatin
4- will it make any difference if a select a particular PCO office?

P.S- my 10 years stay will also be completed in Aug 2014.


2nd Query:

I married in Uk 3 years ago bt my wife is on her student visa. we had baby (1year old) who is dependent to wife. what should i do for my wife and baby?

Is it sensible if i apply for myself at this stage & once i get approval for my ILR I can then apply for my wife and baby? or should I apply all three at this stage which can be bit complicated if i apply in person

Will be grateful for any guidance.
Thanks
Last edited by jan123 on Fri Sep 13, 2013 11:22 am, edited 1 time in total.
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Amber
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Post by Amber » Fri Sep 13, 2013 10:59 am

Declare the caution and as 24 months has lapsed it shouldn't be a general grounds for refusal. Subject to the offence, I.e. a sexual offence with registration requirements.

Where was your child born? Has your spouse been on a dep visa since before July 2012?
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Post by jan123 » Fri Sep 13, 2013 11:08 am

Dear D4109125,

Many thanks for your prompt response. Much appreciated.

2 points following your response:

1- I could not understand your meaning of "Subject to offence"

2 -answer to your query- my wife had not been dependent on me since she came in uk. she came on student visa and she applied for extension in student visa in 2011 when old one was to exprire and she same time applied for our baby visa (dependent to my wife) after her birth. Our baby was born in UK.

Thansk

P.S- should i contact some solicitor for my application or this will not make any difference in regard to caution?
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Help

Post by jan123 » Tue Sep 17, 2013 3:27 pm

Hi, someone can further help on the given? Thanks
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Post by Amber » Tue Sep 17, 2013 4:13 pm

The child does not need an extension/ILR instead the child is entitled to register as British by virtue of section 1(3) BNA once you are awarded ILR.

Your wife could apply for FLR(M) when you are settled, which is now a 5 year route to settlement with a financial requirement.
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Post by jan123 » Fri Sep 20, 2013 6:44 pm

Just wanted to know the scope on the following:

As I am on work permit which was issued under the old system in Sept 2008. if my wife changes her student visa as dependent on me so that she could get a route of 2 year when i apply for ILR which is due in Dec13.

Is this doable?

What i want further consultation from you? any address?

Thanks
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Post by Amber » Fri Sep 20, 2013 9:45 pm

Under the old work permit if your wife changes in October which will allow switching in the UK she should be able to apply for ILR with you in December.
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Post by jan123 » Sat Sep 21, 2013 8:03 am

and when she will apply with me will she get ILR? does not she should have to proof on dependent visa for 2 years beofore this?
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Post by vinny » Sat Sep 21, 2013 8:57 am

The 2 years requirement is not applicable for work permit dependants.

As Amber stated, if baby was born in the UK, then baby will be entitled to British citizenship immediately after you are granted ILR.
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Post by jan123 » Sat Sep 21, 2013 9:53 am

vinny,

so mean if my wife get her visa switch as dependent to me next month, she will be able to get ILR in Dec when i will apply for mine?

can you please reply in detail with relevent link or reference. also which application forms we need to use for my wife visa switch.

Thanks
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Post by Amber » Sat Sep 21, 2013 10:25 am

Click on the link above that Vinny kindly provided, it's explained there.
vinny wrote:The 2 years requirement is not (click) applicable for work permit dependants.

As Amber stated, if baby was born in the UK, then baby will be entitled to British citizenship immediately after you are granted ILR.
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thanks

Post by jan123 » Sat Sep 21, 2013 11:40 am

D4109125

which form i should fill up for my wife to switch from student to dependant?

Thanks
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Post by Amber » Sat Sep 21, 2013 12:40 pm

The form should be released on 1st October you will need to book a PEO. If you are not happy with what you are reading here then see Any good law firm recommendation? (click)
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Post by jan123 » Mon Sep 23, 2013 6:54 pm

Hi D4109125 / vinny
I just tried couple of solicitors today but could not find anyone good. one told that my wife can not apply to switch for visa from here. she has to go back this purpose and also that she might not be able to switch visa as mine visa is near to expire. plus even if she will able to switch she should have to wait for 5 years for ILR once i get in dec.

really puzzling. I wish if i could seeks help from both in person.
please help , i dont want to miss an opportunity if there is one exists, which can make us avoid to go long way.

thanks
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Post by Sep08T1Applicant » Tue Sep 24, 2013 8:24 am

Hi jan123,
Click word "not" on the link provided by vinny, hopefully, it will resolves your confusion.
Also, From October 2013 one can switch within UK without leaving UK to get EC. Please read Page 10 section 7.21, 7.22 (EXPLANATORY MEMORANDUM)

regards,
vinny wrote:The 2 years requirement is not applicable for work permit dependants.

As Amber stated, if baby was born in the UK, then baby will be entitled to British citizenship immediately after you are granted ILR.
Last edited by Sep08T1Applicant on Tue Sep 24, 2013 8:48 am, edited 2 times in total.

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Post by vinny » Tue Sep 24, 2013 8:34 am

Yes. She may switch to work permit dependant (196A, 61) from 1 Oct 2013.
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Post by Sep08T1Applicant » Tue Sep 24, 2013 8:52 am

Thanks vinny for correcting that.

kind regards

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Post by jan123 » Tue Oct 01, 2013 10:00 am

Vinny, Sep08T1Applicant, D4109125

would you be able to let me know which form we should you to switch my wife visa from student to dependent if this rule has come into force.

I need same day service but dont know which form and catagory i should select whilst booking the appointment.

thanks
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Post by jan123 » Tue Oct 01, 2013 3:06 pm

can sm1 plz reply on qery abov
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Post by jan123 » Wed Oct 02, 2013 3:14 pm

Can anybody let me know which form we should you to switch my wife visa from student to dependent as discussed above if this is now possible folowing new rule has come into force.

I need same day service but dont know which form and catagory i should select whilst booking the appointment.

thanks
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