Immigrationboards.com

pray4all wrote: ↑

Thu Dec 03, 2020 3:21 pm

Dear Gurus/Moderators,

I came to UK on Tier2 ICT visa in Nov'2015 along with my wife, who came under Tier2 General visa (BRP expiry: 15th Dec'20)

I switched to become her dependant last year sep'19 and my BRP expiry is tagged with main applicant (i.e. 15th Dec'20). My wife became eligible for ILR on 24th Oct 2020 and has already applied for the same; biometrics done on 24th Nov'20.

I have kid, who was born in UK last year (Jan'19) and we applied for Indian passport & then applied for her dependant visa since we wanted to visit the home country. Kid BRP expiry: 15th Dec'20

I am now applying for Tier 2 PBS Dependant visa extension since my BRP expiry is coming to an end. I presume I would be applicable for 3 years extension & hence need to pay for 3 years IHS feees?

YES

Do I need to include my kid in PBS Dependant application since he is born in UK?

NO

Can I apply MN1 directly once my wife's ILR is granted? The only BIG ISSUE that I see here is my wife's ILR may take time beyond BRP expiry (15th Dec) - will this be a issue if we apply for MN1 in Jan'21?

YES, CAN APPLY USING MN1 EVEN IF KID'S CURRENT BRP EXPIRES.

Will home office not question why I have not re-applied for child BRP if I had earlier done so.

NO, BUT IF THEY ASK YOU CAN SAY YOU'LL APPLY TO REGISTER AS BC ONCE MOTHER GETS ILR.

I was reading MN1 application form where they ask for previous BRP details - if I mention expired BRP, then would not this be a issue?

IT SHOULDN'T BE AN ISSUE.

Regarding my PBS dependant application - since my wife's ILR application is under process - should I mention her previous BRP details within my application?

YES, APPLICATION FORM WILL ASK I THINK.

How will the case worker understand that I am asking for an extension of another 3 years since BRP that would have been mentioned would have end date as 15th Dec'20 ?

YOUR APPLICATION WILL BE DECIDED ONLY AFTER YOUR WIFE'S APPLICATION IS DECIDED.

Do I need to provision any Cover letter explaining my scenario - mentioning URN number of ILR SetO application?

NOT MANDATORY I'D IMAGINE AS IT WILL BE CLEAR FROM THE APPLICATION BUT NO HARM IN PROVIDING ILR APPLICATION REFERENCE, ETC.

Also just confirming - if I have submitted dependant application before BRP expiry, then this should not be an issue even if biometrics would not have happened until my current BRP expiry (15th Dec).

YES, APPLICATION DATE IS KEY, NOT BIOMETRICS.

Please guide me as I am very nervous in this instance.

pray4all wrote: ↑

Thu Dec 03, 2020 6:14 pm

Many Thanks srsw !!

Just reconfirming that I need not apply for ILR for my child first rather I can straight way go for MN1 once wife's ILR is granted.

YES, THAT'S CORRECT.

Secondly, he is not classified as Overstayer since he would not have any valid proof of stay once BRP has expired.

YES, AS HE IS BORN IN THE UK HE CAN BE REGISTERED VIA MN1 ONCE EITHER OF THE PARENTS GET ILR. VALID VISA IS NOT REQUIRED IN THIS CASE.

Is there any link to UK based guidance that I can reference. I plan to put a covering letter in my PBS dependant application referencing my wife's SetO application reference number as well saying that I am not applying PBS Dependant for my child since he is a UK born child & as law permits BC once my wife's get ILR, I will follow this route and the reference that link as well.

DON'T COMPLICATE BY MENTIONING YOUR KID DETAILS IN YOUR APPLICATION. JUST APPLY FOR YOURSELF.

REFER MN1 GUIDANCE OR START DRAFT/DUMMY MN1 APPLICATION FOR YOUR KID. IT WILL CLARIFY YOUR DOUBTS.

Appreciate your help

If you have a current grant of leave on a biometric residence permit (BRP), you must provide
your BRP for the application to be valid and complete.

6.1 Have you been issued with a BRP with a previous application for leave? Yes or No

Give details of your BRP. For the application to be valid and complete, your current BRP must be
provided, unless it is not available for one of the reasons specified on the application form.

6.2 BRP Number
6.3 Issue date,
6.4 Expiry Date

pray4all wrote: ↑

Wed Dec 09, 2020 12:47 pm

Dear srsw & gurus,

Sorry I had initiated more questions around MN1 with the thread named - "URGENT - Tier 2 Dependant Application" with below link.
uk-tier-2-employer-sponsored-visas/urge ... l#p1967408

I think my questions are now related to MN1 and have re-posted here at the correct location. Can admin merge my previous thread please.
------------------------------------------------------------------------------------------------

The applicant - child (UK born - Jan19), wife has applied for ILR awaiting BRP, father is on PBS Dependant visa
I have not followed any of your history -but I am assuming you mean ILR is approved and waiting for BRP. Best to wait till you have ILR BRP in hand before you submit

As suggested earlier, I started filling the online MN1 form & have completed almost 90% details.
Can you please check whether I have answered the questions in a right way.

1. Start of the application - Who does this email belong to? - SOMEONE ELSE (since its not child email)
Choose “The applicant” HO knows the parent is applying on behalf of the child

2. Are either of the parents of the child (as stated in this application) applying for naturalisation as a British citizen on an AN form? - NO
Correct

3. Have you had settlement in the UK? - No (since child has no ILR)
Correct
4. Have you lived at your current address for 5 years? - No (Since I changed 2 addresses in UK)
Previous address - I have mentioned previous address details.
It is the child’s address not yours. I am not sure how old is the child. But if child is less than 5 years just tick yes to the question - no need to provide previous address in that case as HO knows child is under 5 - if over 5 and has changed address mention that

* Do I need to mention the India address since we had a trip to India for 3 weeks - I presume 'NO' since the question is about living & not travelling.
NO

5. Nowhere in the form has it asked for any immigration / travel history - is this normal?
This is NOT an immigration application. MN1 falls under the Nationality laws and has its own questions

6. Since Wife will be the ILR holder only & I will be on PBS Dependant
For wife - Is this parent / legal guardian settled in the UK? - YES
For husband (myself) - Is this parent / legal guardian settled in the UK? - NO
Correct

7. Parent's immigration status
Are you relying on your parent's permanent residence (either as an EEA National or the family member of an EEA National) as evidence of their settled status in the United Kingdom? - NO (since we are not EEA)
Correct

8. Referee
8a - 1st Referee - BC & age > 25yrs - How does the referee know the applicant? - Father's friend friend’s son

8b - 2nd Referee - Professional person -> I am taking reference from 'Nursery Teacher' - Is this ok?
If the nursery teacher knows the child and has engaged with the child professionally

8c- Under referee guidance - the person should have known the applicant personally for more than 3 years - This is not possible since the teacher knows her since he has joined the nursery i.e. less than 6 months - so is this OK?
its fine

9. Are you able to provide a biometric residence permit (BRP) card with this application? - YES
I have mentioned expiry date of current BRP that will expire 15th dec
Correct.

10. Immigration Details -
Do you have any other details that you would like to be considered regarding this applicant and their application to be registered as a British Citizen? - what else to be filled? I have said No
Correct

11. I have filled the application not in CAPS - as I suppose this requirement is only for postal application - Is that ok?
Not an issue
12. Referee signs -

12a - Is the below link the correct link for getting the sign-off from referee?
https://visas-immigration.service.gov.u ... on_MN1.pdf
Yes

12b - Will there be any other form that would be generated if I submit the application?
- I mean would the form mentioned in the link be same as the one generated online?
- Do I need to fill either of these forms?
It will be the same form

13. Under Documents section - It says
13a - A letter of consent from child parent - whats this letter? Will this be generated once I submit the application or is there any defined format or UK govt website link for the same?
Simple two lines that you consent your child to be registered as BC. Both parent(s) sign and date

13b - If child told us that their parent is British citizen then provide us with the evidence.
I suppose I should NOT select this since neither of the parent currently is British- wife will obtain ILR and not British- Is this correct?
Correct. Its an “if” question

13c - If child told us that their parent is settled then provide us with the evidence.
I suppose I should SELECT this & provide evidence of wifes BRP
Yes

Request for your review & Many Thanks again for your support!!

pray4all wrote: ↑

Wed Dec 09, 2020 11:09 am

Many Thanks srsw again for your guidance.

As suggested, I started filling the online MN1 form & have completed almost 90% details.
Can you please check whether I have answered the questions in a right way.

The applicant - child

1. Start of the application - Who does this email belong to? - SOMEONE ELSE (since its not child email)

Change it to "The applicant". It's OK, I've done the same.

2. Are either of the parents of the child (as stated in this application) applying for naturalisation as a British citizen on an AN form? - NO

3. Have you had settlement in the UK? - No (since child has no ILR)

4. Have you lived at your current address for 5 years? - No (Since I changed 2 addresses in UK)
Previous address - I have mentioned previous address details.

* Do I need to mention the India address since we had a trip to India for 3 weeks - I presume 'NO' since the question is about living & not travelling. Not required to mention India address.

5. Nowhere in the form has it asked for any immigration / travel history - is this normal? Yes, for kids it's not relevant.

6. Since Wife will be the ILR holder only & I will be on PBS Dependant
For wife - Is this parent / legal guardian settled in the UK? - YES
For husband (myself) - Is this parent / legal guardian settled in the UK? - NO

7. Parent's immigration status
Are you relying on your parent's permanent residence (either as an EEA National or the family member of an EEA National) as evidence of their settled status in the United Kingdom? - NO (since we are not EEA)

8. Referee
8a - 1st Referee - BC & age > 25yrs - How does the referee know the applicant? - Father's friend

8b - 2nd Referee - Professional person -> I am taking reference from 'Nursery Teacher' - Is this ok? Yep, Nursery Teacher is OK.

8c- Under referee guidance - the person should have known the applicant personally for more than 3 years - This is not possible since the teacher knows her since he has joined the nursery i.e. less than 6 months - so is this OK? Yep, 3 years requirement is for adults, so that's fine.

9. Are you able to provide a biometric residence permit (BRP) card with this application? - YES
I have mentioned expiry date of current BRP that will expire 15th dec

10. Immigration Details -
Do you have any other details that you would like to be considered regarding this applicant and their application to be registered as a British Citizen? - what else to be filled? I have said No

11. I have filled the application not in CAPS - as I suppose this requirement is only for postal application - Is that ok? Yep, filling in CAPS is not necessary. As these are online forms there won't be any issue understanding the text.

12. Referee signs -

12a - Is the below link the correct link for getting the sign-off from referee?
https://visas-immigration.service.gov.u ... on_MN1.pdf

Yes, you should also be able to download the forms at the end of the MN1 form I think.

12b - Will there be any other form that would be generated if I submit the application?
- I mean would the form mentioned in the link be same as the one generated online? Yes, it's same.
- Do I need to fill either of these forms? No, just get your referees to fill those forms.

13. Under Documents section - It says
13a - A letter of consent from child parent - whats this letter? Will this be generated once I submit the application or is there any link for the same? It's there in the MN1 guide I believe, however, that form doesn't mention address. You can use the template I pasted at the bottom.

13b - If child told us that their parent is British citizen then provide us with the evidence.
I suppose I should NOT select this since neither of the parent currently is British- wife will obtain ILR and not British- Is this correct? I believe you have to select all the tick boxes to confirm that you read all the requirements to move to the next stage/page. It's a if question, so you don't need to worry if it doesn't apply to your case.

13c - If child told us that their parent is settled then provide us with the evidence.
I suppose I should SELECT this & provide evidence of wifes BRP. That's right.

Request for your review & Many Thanks again for your support!!

pray4all wrote: ↑

Wed Dec 09, 2020 6:07 pm

Many Thanks Cullinan for your response.

My wife has submitted ILR and is awaiting for the BRP.

Yes the child is under 5 years and since he is born, I have changed two addresses within UK.

Regarding 8b - 2nd Referee - Professional person -> I am taking reference from 'Nursery Teacher' - Is this ok?
If the nursery teacher knows the child and has engaged with the child professionally

Apologies, the teacher has gone to holiday and I am now taking reference from Head-teacher of the school nursery & he knows the child since he is enrolled to the nursery (around 2-3 months). Is this ok?
No issues. HO is not strict when it comes to referees for young children
Whats the definition of engaging with the child professionally?
Like a teacher engages with the child in a professional capacity. For example someone could be a professional person but does not know the child or dealt with the child in a professional capacity. You can not choose someone like that

Do i also need passport copy of BC referee?
British passport number (if any) only

Many Thanks again !!

For child applicants at least one of the referees must be a person who has dealt with the child in a professional role such as a teacher, doctor, health visitor or social worker. Where a child cannot provide a referee who has dealt with them in a professional capacity and has provided documents to show that they have attempted to do so, you can accept 2 referees who meet the criteria for referees on adult applications.

pray4all wrote: ↑

Fri Dec 11, 2020 12:13 pm

Many Thanks Cullinan for your kind help - you are superstar!!

I have got the signatures from head teacher now & my wife's ILR has also been approved on wednesssday night 09/12. TNT/fedex tried to deliver today however we missed the delivery as driver could not gain access to main front door of the society & after calling to helpdesk - this has now been re-arranged for Monday (14/12).

Since morning had 2 calls & delivery date changed from tomorrow (12/12) to 14/12.

Since my BRP expiry is 15th Dec'20 - I have been planning to submit my application for PBS dependant. My ridiculous solicitor advised that I can only file after wife's ILR BRP however I have now read that I can file for the application before my BRP expiry & its not related to wife's ILR card. It will just be approved after wife's approval. - Is this correct?
Correct. You must apply before your visa expiry. You can always add a cover letter. You will have plenty of time before your biometrics to add any additional documents or cover letter if need be

I arranged all docs for PBS dependant application earlier however was awaiting for ILR BRP arrival for the wife.

I had also arranged 2 supporting letter from bank dated 01/dec against the wife's bank statements & mine banks statements. My question is:

1. Should I wait for ILR BRP card arrival until 14/12 now and then update my PBS application with the wife's ILR details or should I submit the application with her previous BRP card details. any advise please?
You can wait till 14/12 but you MUST apply on 14th i.e. before your visa expiry even if you do not have your ILR BRP details. You can simply fill her ILR details and attach a copy later on before your biometrics. You can even submit now and add a cover letter later on. No issues

1a - would there be any issues if I still keep wife's previous BRP card (tier 2 general) since wife's revised ILR BRP card is issued (however not received by us)?
No issue. You can return it after you get her ILR BRP

2. Whose bank statements & supporting letter is required - mine or wife's
None. But you need cohabitation documents see below

3. Previous Bank supporting letter is dated 01/dec - will this be ok?
Not needed

4. wife's bank statement period is 14th of every month that means by end of 13th or may be 14th, we will get new bank statement - should I wait until 15th for my PBS application submission.
Not needed

Request for your guidance & help please.