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Which form for WP Dependent where WP holder has got ILR

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

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pjoshi007
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Which form for WP Dependent where WP holder has got ILR

Post by pjoshi007 » Sun Feb 16, 2014 1:28 pm

Hi,

I was a WP holder and got my ILR 10 days back. My 2 dependents are now applying by post. My husband and my daughter who is over 18.

A bit confused on which form they should fill? SET(O) or SET(M).

They will be considered as WP Holder dependents or ILR Holder dependents??

This is very urgent..Thank you!

dk2011
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Re: Which form for WP Dependent where WP holder has got ILR

Post by dk2011 » Sun Feb 16, 2014 4:36 pm

SET(O). WP dependent . Your daughter needs to apply separately on SET(O) as she is over 18.
You need to attach copy of your passport and BRP along with the application.

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Re: Which form for WP Dependent where WP holder has got ILR

Post by pjoshi007 » Tue Feb 18, 2014 11:21 am

I just saw this reply. I have only sent a copy of my BRP. WIll that work?

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Re: Which form for WP Dependent where WP holder has got ILR

Post by dk2011 » Tue Feb 18, 2014 8:38 pm

I replied on the same day as you marked your post as urgent. It is strange that while your post was urgent you had no urgency in checking response. Ideally , you should have sent copy of passport as well.
Anyways, if HO needs it then they will write to you and at most it might delay decision .

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Re: Which form for WP Dependent where WP holder has got ILR

Post by pjoshi007 » Wed Feb 19, 2014 1:33 am

I do apologize. I did find the answer on the forum itself before the reply was posted...And for some reason I don't see a notification on my email when u replied...I just had too much stress putting all the documents together for my husband and daughter.

I do appreciate your effort in replying and without this forum I don't know what would have happened to me :-)

If they need my Passport copy like you rightly said, they will ask. Hopefully BRP copy will work.

Regards
Poonam

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Latest date to apply for ILR or any Visa

Post by pjoshi007 » Wed Feb 19, 2014 2:38 am

I have a feeling I may have made a blunder!

I got my ILR on the 4th of Feb 2014 based on 5 yr WP which was issued on the 17th Feb 2009.

2 of My dependents (Daughter over 18 and Husband) applied for their ILR's ON the 17th of Feb 2014 by post.

Will this be considered as out of time? Will it be rejected because they have applied after the visa has expired or they are OK?

We kept waiting for my BRP to come and it arrived on the afternoon of 17th Feb and as soon as it came we posted the documents.

We thought that was a mandatory requirement so the applications got delayed.
I don't think I can sleep tonight :(

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Re: Which form for WP Dependent where WP holder has got ILR

Post by dk2011 » Wed Feb 19, 2014 7:06 am

That's alright . Don't worry . Your dependent's application will be fine . All the best !

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Re: Latest date to apply for ILR or any Visa

Post by dk2011 » Wed Feb 19, 2014 7:08 am

If it is within 28 days of VISA expiring then you are fine.

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Re: Latest date to apply for ILR or any Visa

Post by pjoshi007 » Wed Feb 19, 2014 12:24 pm

It was ON THE DAY the Visa EXPIRED.

Help!!

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Re: Latest date to apply for ILR or any Visa

Post by lynxukauq » Wed Feb 19, 2014 12:36 pm

You will be fine.

If you send your application form and application fee by post, the date of application is the date of posting.

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Re: Latest date to apply for ILR or any Visa

Post by pjoshi007 » Wed Feb 19, 2014 12:42 pm

Thanks so much! I am relieved :-)

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Right to work while ILR in appeal

Post by pjoshi007 » Thu Jun 04, 2015 11:51 pm

Hi,

I am the main applicant who have got ILR, my children are British Citizens who were born here. My partner did not get his ILR because of a caution he apparently didn't declare, but there was no option for declaring cautions. It only asked for criminal convictions. His ILR was refused last year by the home office for the same reason , he was due to apply in feb 2014. His passport has been with the HO for more than a year. Since then he has appealed to the Tribunal and they have rejected on the basis of 'No Point of Law'. The application is now with the upper tribunal.

I have in the mean time tried to find out from HO as an employer if he is eligible to work but they said he has no right to be in this country and is not eligible to work. I received an email from the HO. This was before he filed his application at the Upper tribunal. He has an offer to work in a huge organization and is worried that this might cause a problem for him. We were told he has the same rights to work as in his visa while his appeal is in process.

1) Is is eligible to work here while his application is in appeal. He is not a criminal. The caution was due to a domestic issue we had long time ago. I have given a letter saying all is okay and I support his application being the main applicant. He has children who are British citizens and who live with him.

2) How do we tell the HO to change the staus on their system for when the employer makes a check it should not come up as this person does not have right to live or work in the UK.

3) How long does Upper tribunal takes? Clearly there have been administrative errors by HO while sending the docs to the tribunal who in turn made a wrong decision.

I have relied on this forum since 2009 and hoping that you will guide me to the right direction.

Regards

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Re: Right to work while ILR in appeal

Post by sagareva » Fri Jun 05, 2015 7:48 am

if all his appeals were filed in time, he absolutely does have a right to live and work here under section 3C immigration act 1971.
perhaps they haven't got notice of upper tribunal application on their system.
i'd write informally to treasury solicitors unit and ask them to look into that.
if all fails send a PAP (of intention to file JR asking for a writ of mandamus to have the status on the system changed) because they are effectively depriving him of his lawful right to work and livelihood.
**Please note, you can no longer contact me by PM because owners of this board accused me of using it to recruit clients, and disabled my ability to read and send PMs.**

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Re: Right to work while ILR in appeal

Post by n8net » Fri Jun 05, 2015 10:55 am

u could ask your parter's current or prospective employers to use "employer verification service" which will prove he has right to work pending his appeal.

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Re: Right to work while ILR in appeal

Post by pjoshi007 » Fri Jun 05, 2015 4:24 pm

I tried using that employer verification service as an employer and it came back as this person does not have the right to live or work in this counrty and I am scared that he might lose this opportunity if the prospective employer gets the same reply.

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Re: Right to work while ILR in appeal

Post by vinny » Fri Jun 05, 2015 11:14 pm

pjoshi007 wrote:The caution was due to a domestic issue we had long time ago.
When did he receive the caution?
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