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ILR with police caution - help?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Amber
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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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jan123
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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?
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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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jan123
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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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jan123
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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
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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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jan123
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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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jan123
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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
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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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jan123
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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
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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
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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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Post by jan123 » Wed Oct 30, 2013 4:18 pm

Hi anyone,

If WP visa expires on 7 Jan 14, the earliest date one can apply is 10 Dec or 11 Dec 13 ( as per UKBA guidance the time should not be earlier than 28 days).

Just can not find an appointment for 11Dec 13 and not sure if I can book for 10 Dec 13?

Thanks
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Post by Amber » Wed Oct 30, 2013 4:32 pm

When were you given EC and when did you enter the UK?
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jan123
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Sorry

Post by jan123 » Wed Oct 30, 2013 4:40 pm

Sorry i think sent you pm by mistake.

in the answer to your question- i was already in UK and Leave to remain was issued on 7 Jan 2009 as a work permit holder which expires on 1 jan 2014. Just wondering if can book peo on 10 Dec 13 or it has to be 11 Dec. I can not find appointment for 11 though.

Thanks
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Post by Amber » Wed Oct 30, 2013 4:50 pm

10 is ok as it's 28 days before.
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Post by jan123 » Wed Oct 30, 2013 4:50 pm

thanks
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Re: ILR with police caution - help?

Post by iq4u3 » Wed Oct 30, 2013 5:54 pm

jan123 wrote: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
you don't need to worry to much on the caution.
My case was similar to you. I had applied for 10 Yrs Long residency since June 13 and i got it back on 24 October. I had a criminal conviction which i declared. ( Assault )
You don't a Solicitor for the application. You will waste your money.
All the best.

jan123
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sorry

Post by jan123 » Wed Oct 30, 2013 8:28 pm

amber sorry i have written 1 jan14 in fact it is 7 jan 14 as mentioned in first msg. typ0.. is that still ok to book for 10 dec. infact i have booked now for 10th. but can cancel if this is one day ahead.
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Post by Amber » Wed Oct 30, 2013 9:55 pm

Fine wrote:From Tuesday, January 7, 2014
Subtracted 28 days

Result: Tuesday, December 10, 2013
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jan123
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help

Post by jan123 » Thu Nov 14, 2013 9:35 pm

Hi Anyone,

another problem, my wife just realised that she didnt inform her name change for NI card since she changed her after merriage in 2009. However she never worked or never been employed and never claimed any benefits she has been only an overseas student till now. she is going to apply for ILR as my dependent next month. should we infrom HRMC to change her name or we should not do this now and will this be any problem for ILR or to HRMC for such delay.

Thanks
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jan123
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Post by jan123 » Mon Nov 18, 2013 3:03 pm

hi Amber,as i am heading close for ILR application for myself and my wife, as you are aware I have polic caution issued in 2009, i just need your help on how to disclose this in application. should i simply say a cautin for harrashment without voilence . or with detail like sending no. of emails to two of my ex-friends with abusive lanuage etc. or what is more appropriate way to explain this. I have recevied subject access letter and it says caution for two offences. but is on same date and same reference no. i think they considered complain from 2 persons? will this cause trouble.

also do i need some character reference letter if yes should letter needs to qoute this particular event as well?

will be thankful for your help.
3143

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