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verbina
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Post by verbina » Mon Aug 19, 2013 10:53 am

hatchsead wrote:FYI:


Family life as a parent of a child in the UK
This page shows you the key facts for the family life as a parent of a child in the UK category.

Key facts;
Eligibility requirements
The applicant must:
· have a child under the age of 18 who is living in the UK and is a British citizen or settled in the UK have sole responsibility for the child
· have access rights to the child
· for applications made in the UK (where the applicant has joint responsibility for the child) be applying as the parent the child normally lives with, and
o show they are taking and intend to continue taking, an active role in the child’s upbringing, and
o not be in the UK as a visitor or with valid leave granted for six months or less, unless that leave was granted pending the outcome of family court or divorce proceedings or on temporary admission or temporary release (unless EX applies).
· show they can adequately maintain and accommodate themselves and any dependants without recourse to public funds
· show they have adequate accommodation in the UK
· meet the English language requirement
· meet the suitability requirement.

Application forms;
Applications made outside the UK – VAF4A and Appendix 5
Extension (within UK) – FLR(O)
Indefinite leave to remain – SET(O)

Entry clearance mandatory? - Yes

Is biometric information required for applications made in the UK? - Biometrics are required for applications submitted on or after 29 February 2012. For more information see: Biometric information.

Code of leave to remain granted - Code 1 or code 1A; No recourse to public funds unless evidence of destitution is provided (see Recourse to public funds)

Entry clearance endorsements - D: RIGHT OF ACCESS TO A CHILD LTE 33 MONTHS CODE 1

Conditions of leave to remain - No recourse to public funds unless evidence of destitution is provided (see Recourse to public funds)

How long is leave to remain normally granted for? - · Entry clearance for up to 33 months
· Limited leave for 30 months.


What are the requirements for settlement?
The requirements for settlement are that an applicant can demonstrate they meet the requirements for indefinite leave to remain as a parent at R-ILRPT, and:
· have completed a continuous period of at least 60 months with limited leave as a parent under paragraph R-LTRPT 1.1 (a) to (c) or in the UK with entry clearance as a parent under paragraph D-ECPT 1.1, or
· have completed a continuous period of at least 120 months:
· with limited leave as a parent under paragraphs R-LTRPT 1.1 (a) (b) and (d)
· in the UK with entry clearance as a parent under paragraph D-ECPT 1.1, or
· a continuous period of at least 120 months with limited leave as a parent under a combination of these paragraphs.


Please Note;

Section D-ECPT: Decision on application for entry clearance as a parent
D-ECPT.1.1. If the applicant meets the requirements for entry clearance as a parent they will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds.

D-ECPT.1.2. If the applicant does not meet the requirements for entry clearance as a parent the application will be refused.

Section R-LTRPT: Requirements for limited leave to remain as a parent
R-LTRPT.1.1. The requirements to be met for limited or indefinite leave to remain as a parent or partner are-

(a) the applicant and the child must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a parent or partner; and either
(c) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and

(ii) the applicant meets all of the requirements of Section ELTRPT: Eligibility for leave to remain as a parent, or

(d) (i) the applicant must not fall for refusal under S-LTR:
Suitability leave to remain; and

(ii) the applicant meets the requirements of paragraphs E-LTRPT.2.2-2.4. and E-LTRPT.3.1.; and

(iii) paragraph EX.1. applies.


Are dependants allowed? - Yes

Work and study allowed? - Yes

Is switching into this category allowed?

Into the five year route, yes, unless the applicant is in the UK:
· as a visitor:
o with valid leave granted for less than six months, unless that leave was granted pending the outcome of family court or divorce proceedings
o on temporary admission or temporary release
· in breach of immigration laws (unless the period of overstaying is less than 28 days).

Into the 10 year route, yes, unless the applicant is in the UK:
· as a visitor with valid leave granted for less than six months, unless that leave was granted pending the outcome of family or divorce proceedings.

Does this category lead to settlement (indefinite leave to remain)? - Yes

Is knowledge of language and life required? - Yes

Immigration Rules paragraphs - Appendix FM – paragraphs ECPT, LTRPT, ILRPT and Appendix FM-SE

CID case type - Exer. Access rights to child res in UK.


For more information on extension and further clarification, visit the url below

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/polic ... -a-parent/

Great work agent!!!!!

I would like to round up Theresa May and Co and force them to take 'Life in UK' test..... :lol:
"You need chaos in your soul to give birth to a dancing star."

yummymummy3j
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Post by yummymummy3j » Mon Aug 19, 2013 11:04 am

@verbina lol trust me they will fail the test woefully

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verbina
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Post by verbina » Mon Aug 19, 2013 11:06 am

yummymummy3j wrote:@verbina lol trust me they will fail the test woefully
innit?!!! :lol: :lol: :lol:
"You need chaos in your soul to give birth to a dancing star."

hatchsead
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Post by hatchsead » Mon Aug 19, 2013 11:07 am

Kukuwife wrote:hatchsead- thanks for sharing the information. If I may ask pls. 1. Your application was it done by yourself or through solicitor
2. Your two kids that are applying under the "7 years rule" are they born in the uk.
3. Do you initially have some sort of leave to remain before the initial application in 2010.
@KuKuwife,

1) My application was done through a solicitor, going on my own is a bit too risky if i should be refused, it will cost me more money to pay a solicitor to appeal.

2) No, my eldest child is now 10 yrs old but has been in this country since she was 16 months old and has not left since. My second child was born in this country 5 yrs ago and has never stepped out either.

3) I came in on working holiday maker visa with my wife and eldest child 9 yrs ago applied for the then HSMP but got refused severally and stayed back since. I then made an initial application for DL in July 2010 to regularize but my documents was misplaced by HO and was only advised to re-apply in May 2012.

I hope these answers your questions.

dapsonlee
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Post by dapsonlee » Mon Aug 19, 2013 11:11 am

verbina wrote:
hatchsead wrote:FYI:


Family life as a parent of a child in the UK
This page shows you the key facts for the family life as a parent of a child in the UK category.

Key facts;
Eligibility requirements
The applicant must:
· have a child under the age of 18 who is living in the UK and is a British citizen or settled in the UK have sole responsibility for the child
· have access rights to the child
· for applications made in the UK (where the applicant has joint responsibility for the child) be applying as the parent the child normally lives with, and
o show they are taking and intend to continue taking, an active role in the child’s upbringing, and
o not be in the UK as a visitor or with valid leave granted for six months or less, unless that leave was granted pending the outcome of family court or divorce proceedings or on temporary admission or temporary release (unless EX applies).
· show they can adequately maintain and accommodate themselves and any dependants without recourse to public funds
· show they have adequate accommodation in the UK
· meet the English language requirement
· meet the suitability requirement.

Application forms;
Applications made outside the UK – VAF4A and Appendix 5
Extension (within UK) – FLR(O)
Indefinite leave to remain – SET(O)

Entry clearance mandatory? - Yes

Is biometric information required for applications made in the UK? - Biometrics are required for applications submitted on or after 29 February 2012. For more information see: Biometric information.

Code of leave to remain granted - Code 1 or code 1A; No recourse to public funds unless evidence of destitution is provided (see Recourse to public funds)

Entry clearance endorsements - D: RIGHT OF ACCESS TO A CHILD LTE 33 MONTHS CODE 1

Conditions of leave to remain - No recourse to public funds unless evidence of destitution is provided (see Recourse to public funds)

How long is leave to remain normally granted for? - · Entry clearance for up to 33 months
· Limited leave for 30 months.


What are the requirements for settlement?
The requirements for settlement are that an applicant can demonstrate they meet the requirements for indefinite leave to remain as a parent at R-ILRPT, and:
· have completed a continuous period of at least 60 months with limited leave as a parent under paragraph R-LTRPT 1.1 (a) to (c) or in the UK with entry clearance as a parent under paragraph D-ECPT 1.1, or
· have completed a continuous period of at least 120 months:
· with limited leave as a parent under paragraphs R-LTRPT 1.1 (a) (b) and (d)
· in the UK with entry clearance as a parent under paragraph D-ECPT 1.1, or
· a continuous period of at least 120 months with limited leave as a parent under a combination of these paragraphs.


Please Note;

Section D-ECPT: Decision on application for entry clearance as a parent
D-ECPT.1.1. If the applicant meets the requirements for entry clearance as a parent they will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds.

D-ECPT.1.2. If the applicant does not meet the requirements for entry clearance as a parent the application will be refused.

Section R-LTRPT: Requirements for limited leave to remain as a parent
R-LTRPT.1.1. The requirements to be met for limited or indefinite leave to remain as a parent or partner are-

(a) the applicant and the child must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a parent or partner; and either
(c) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and

(ii) the applicant meets all of the requirements of Section ELTRPT: Eligibility for leave to remain as a parent, or

(d) (i) the applicant must not fall for refusal under S-LTR:
Suitability leave to remain; and

(ii) the applicant meets the requirements of paragraphs E-LTRPT.2.2-2.4. and E-LTRPT.3.1.; and

(iii) paragraph EX.1. applies.


Are dependants allowed? - Yes

Work and study allowed? - Yes

Is switching into this category allowed?

Into the five year route, yes, unless the applicant is in the UK:
· as a visitor:
o with valid leave granted for less than six months, unless that leave was granted pending the outcome of family court or divorce proceedings
o on temporary admission or temporary release
· in breach of immigration laws (unless the period of overstaying is less than 28 days).

Into the 10 year route, yes, unless the applicant is in the UK:
· as a visitor with valid leave granted for less than six months, unless that leave was granted pending the outcome of family or divorce proceedings.

Does this category lead to settlement (indefinite leave to remain)? - Yes

Is knowledge of language and life required? - Yes

Immigration Rules paragraphs - Appendix FM – paragraphs ECPT, LTRPT, ILRPT and Appendix FM-SE

CID case type - Exer. Access rights to child res in UK.


For more information on extension and further clarification, visit the url below

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/polic ... -a-parent/

Great work agent!!!!!

I would like to round up Theresa May and Co and force them to take 'Life in UK' test..... :lol:
There was a documentary about the "life in the uk test" aired by channel 4 sometime ago this year, out of over 40 UK white citizens that was tested, less than 7% passed stating "how on earth do they expect people to pass these things". In all honesty, it's really not about the test, it's about the money. This country is always looking for ways to extort and it's crazy.

Snowflake48
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Post by Snowflake48 » Mon Aug 19, 2013 11:40 am

Just received the good news! Will update you soon :)

Kukuwife
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Post by Kukuwife » Mon Aug 19, 2013 11:48 am

hatchsead- thanks for your quick reply. I was just wondering why the different applications. Now I understand and I hope the solicitor must have a proactive plan in place.
Your expectation will manifest very soon

Kukuwife
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Post by Kukuwife » Mon Aug 19, 2013 11:54 am

Nuchi- congrats more to come this week
Your expectation will manifest very soon

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verbina
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Location: London
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Post by verbina » Mon Aug 19, 2013 11:56 am

Nuchi wrote:Just received the good news! Will update you soon :)
YAY!!!!! CONGRATS HUN!!!!!
"You need chaos in your soul to give birth to a dancing star."

hatchsead
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Posts: 204
Joined: Sun Aug 18, 2013 4:41 pm

Post by hatchsead » Mon Aug 19, 2013 11:57 am

Kukuwife wrote:hatchsead- thanks for your quick reply. I was just wondering why the different applications. Now I understand and I hope the solicitor must have a proactive plan in place.
_________________

FLR (O)/ DL Initial application sent: 21/07/2010
No reply until we used SAR to request update on application only to be replied on 09/05/2012 that all our documents was received on 22/07/2010 but lost in transit while moving offices and we should re-apply afresh with new documentation.
New Application sent: 05/10/2012 (FLR(O) / DLR(O) x 1 & 7 Year Rule x 2)
Acknowledged: 29/10/2012
Biometrics invitaion letter: - 04/03/2013
Biometrics done: - 13/03/2013
Decision/ Documents received: - still waiting

I didn't want to put all my eggs in one basket as they say and also to increase my chances. I have 3 applications with the hope of at least 1 of it being granted.

Its a way to box them into a corner where they will have no choice, its either the 7 year rule or DL

hatchsead
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Post by hatchsead » Mon Aug 19, 2013 12:00 pm

Nuchi wrote:Just received the good news! Will update you soon :)
Congrats Nuchi! At least i know they are still working and not all on holiday or sitting idle doing nothing.
Last edited by hatchsead on Mon Aug 19, 2013 12:00 pm, edited 1 time in total.

Kukuwife
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Post by Kukuwife » Mon Aug 19, 2013 12:00 pm

Yes
Your expectation will manifest very soon

CrystalNewbie
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Malawi

Post by CrystalNewbie » Mon Aug 19, 2013 12:06 pm

Nuchi wrote:Just received the good news! Will update you soon :)
Congratulations......was it a seven year rule or spousal?

ale001
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Post by ale001 » Mon Aug 19, 2013 12:21 pm

Just passing buy.. Still waiting for my decision after giving the UKBA go ahead to go on to decided on my Article 8 rights after they gave me two option either to seek asylum or they should decide on article 8.

My application is now over Good 16 MONTHS
:( :( :(

May God help me
Ale001

Chidy
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Post by Chidy » Mon Aug 19, 2013 12:31 pm

Nuchi wrote:Just received the good news! Will update you soon :)
Congrats and enjoy your freedom!

yummymummy3j
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Post by yummymummy3j » Mon Aug 19, 2013 12:33 pm

@nuchi congrats.....
@aleeo1 its a while how are you?its well

Call me dude
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Nigeria

Post by Call me dude » Mon Aug 19, 2013 12:43 pm

Nuchi wrote:Just received the good news! Will update you soon :)
Congrat Nuchi
It is well

SDP
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Post by SDP » Mon Aug 19, 2013 1:03 pm

Nuchi wrote:Just received the good news! Will update you soon :)
Congrats Nuchi !

GodGives
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Post by GodGives » Mon Aug 19, 2013 1:34 pm

Nuchi wrote:Jutst received the good news! Will update you soon :)
Congrats and all the best in the future
Godgives

ale001
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Post by ale001 » Mon Aug 19, 2013 2:24 pm

yummymummy3j wrote:@nuchi congrats.....
@aleeo1 its a while how are you?its well
I'm good yummymummy3j,

And u?
:)
Ale001

Time503
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Post by Time503 » Mon Aug 19, 2013 2:43 pm

GodGives wrote:
Nuchi wrote:Jutst received the good news! Will update you soon :)
Congrats and all the best in the future
Congrats nuchi and best of luck for the future

astro123
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Post by astro123 » Mon Aug 19, 2013 3:04 pm

[quote="Kukuwife"]Of recent it's amazing that spouse who have settled partner with bristish kids are been refused. Sometime it seems the caseworker are not well trained or they are just been naive. Reading through this case it seems this might be a worse senario of article 8 and family based on settled spouse and bristsh childern. The spouse has a very bad immigration history, out of the three children only one was accepted to be British citizen. The judge allowed the appeal on human rights grounds in relation to Article 8 of the 1950 European Convention on Human. Not only that because the application was made before 9th of July 2012. The judge agree that the appellant cannot meet the new immigration rule so relied on law before 9th of July 2012.
Note this case relate to people with British wife and children. For the case to be allowed the judge considered most importantly the best interest of the children.

This case may give some hope to people who have been refused.
It's well we shall all be granted

https://tribunalsdecisions.service.gov. ... ions/39060[/quote]





Hi this seems like good news to those who have got British partners and kids. But they still have to go through the appeal and JR system. I wish the home office will take a leave in this and grant people to save them from all these heartaches and troubles

Believe2013
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Post by Believe2013 » Mon Aug 19, 2013 3:57 pm

Congrats Nuchi

@astro thanks for the link below

https://tribunalsdecisions.service.gov. ... ions/39060
“I am not a saint unless you think a saint is a sinner who keeps trying"

SDP
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Post by SDP » Mon Aug 19, 2013 4:53 pm

Another day has gone without any good news....hmm
Lets hope tomorrow comes up with pouring good news...

Where r u Onlyme ????

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verbina
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Post by verbina » Mon Aug 19, 2013 5:03 pm

SDP wrote:Another day has gone without any good news....hmm
Lets hope tomorrow comes up with pouring good news...

Where r u Onlyme ????
No no no, babe, @NUCHI had been granted today!!!! Promised to be back later on with all the juicy details !!!! :P
"You need chaos in your soul to give birth to a dancing star."

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