ILR for wife please help

[flyingv26]

The date of posting is the date of application. Your solicitor needs to sort out the mess she has created and get an appeal in arguing that you have appeal rights as the application was posted before leave expired. Then ask the appeal to consider flr(m).

dear amber, could you quote ukba regarding the date of posting is the date of application, i just want to confirm it. thanks

[vinny]

34G(i).

[flyingv26]

thanks vinny

[flyingv26]

When my child was born in 2011, me and my wife both had visa, so we only mentioned her when we had to apply for extension in 2012? Is that a mistake as well? should we have notified ukba about the birth of our child. I was totally unaware of that and my solicitor never mentioned a thing about it. Can we do anything about it now?

[Amber]

Where was your child born?

[flyingv26]

in uk

[vinny]

No problem for child.

Child is entitled to register for British citizenship after a parent is granted ILR.

[flyingv26]

thanks vinny thats what we thought as well, but the refusal letter states that my child is living in uk unlawfully, does that make our case weak?

[flyingv26]

i've just read your other post, thanks vinny, its such a relief!

[vinny]

thanks vinny thats what we thought as well, but the refusal letter states that my child is living in uk unlawfully, does that make our case weak?

Ah, was that because your child applied for leave that (they thought) had expired?

Just register child as a British citizen and child's problem will be solved. Subsequently and consequently, your wife's case will be stronger due to having a British child.

[flyingv26]

no we never applied for my child's leave until our extension was due, i dont understant why they've mentioned my child as living unlawfully

[Amber]

The UKBA is allowing a 3rd party (Capita) to send letters/SMS etc.. to all and sundry telling them they're illegal and to 'pack their bags'. Another disgraceful act from the Home Office but as Vinny states don't fret just register as British by virtue of section 1(3) BNA on form MN1 now.

[flyingv26]

Just register child as a British citizen and child's problem will be solved. Subsequently and consequently, your wife's case will be stronger due to having a British child.

I regret not doing that, i never thought my wife will be refused after i got my ilr, i was waiting till i get my british passport so i can apply for my child's passport directly. Unfortunately now we have to file judicial review before we can make any application to ukba.

[vinny]

If child had never applied for any leave, then child is lawfully in the UK.
If child has leave that had expired, then child may be considered to be an overstayer.

However, this is all irrelevant for UK-born child's entitlement to register as a British citizen, since you now have ILR. Just apply to register child as a British citizen now.

[flyingv26]

Just register child as a British citizen and child's problem will be solved. Subsequently and consequently, your wife's case will be stronger due to having a British child.

I regret not doing that, i never thought my wife will be refused after i got my ilr, i was waiting till i get my british passport so i can apply for my child's passport directly. Unfortunately now we have to file judicial review before we can make any application to ukba.

Becaue the refusal letter clearly states that my wife and child dont have any reason to stay here now with no right of appeal and that we should contact local enforcement officers by 29th october, so we have to file our case to get some more time and right of appeal first

[Amber]

Just register child as a British citizen and child's problem will be solved. Subsequently and consequently, your wife's case will be stronger due to having a British child.

I regret not doing that, i never thought my wife will be refused after i got my ilr, i was waiting till i get my british passport so i can apply for my child's passport directly. Unfortunately now we have to file judicial review before we can make any application to ukba.

The child will need to be registered as Vinny has stated before being able to apply for a British Passport. You need to sort out your appeal rights before you end up sticking your wife on a 10 year route to settlement. The solicitor needs to sort it all out and also should have told you about registering the child as British

[vinny]

When child becomes registered as a British citizen, child will have reason to stay. Child's mother will have reason to stay with her British child.

[flyingv26]

thanks vinny and amber, i have an apointment with my solicitor on monday morning now, i'll discuss it with her

[flyingv26]

Dear everyone, i had a very disappointing meeting with my solictor today, she kept me waiting till today only to tell me that she doesnt do judicial review applications. Obviosly she didnt give a **** to what we're going through. She however gave us some information about judicial review etc. She gave us the evidence that the application was made in time. When i asked her about my child, she said "both you and i know that she is living here illegally" and when i said i didnt know, you never told me, she said"because my main concern was your ilr application, i wanted you to get it before making any other application".
I have obviusly immediately contacted a recommended solicitor who sounds promising and will do my case now.
But what concerns me is my daughter's status, i have read this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
This section relates to children born in the United Kingdom on or after 1 January
1983 who are not British citizens because, at the time of their birth, neither of
their parents was a British citizen or settled here. Such children do not have the
right of abode and are subject to immigration control. They are not here
unlawfully, however, and are not required to apply for leave to remain (see
ANNEX P, paragraph 11 if further guidance is required on this point).
My question is this reference is dated 2009, is it still valid or has there been any changes in these rules?
What does annex P, para 11 says about it? (tried to google it but couldnt find it)
Its very distressing for me that unknowingly my child stayed here unlawfully when i have never done anything illegal. Could someone please prove me wrong with references. I'm very stressed

[Amber]

Your solicitor appears to have ill advised you. Your child is entitled to register as British as previously stated and this should be done now on form MN1.

If you wish to continue to chase FLR(O) then you should seek advice from someone who has rights of audience for judicial review. Whereas you may perhaps be better off making an appeal stating why you are entitled to appeal (in-time application) and then asking for FLR(M) to be considered. You should have discussed this with your solicitor!

[flyingv26]

thanks for replying amber, i so regret using this solicitor now, it was pointless discussing anything for her as she is dearly beloved and useless, she laughed and said your wife and child can go back to your country, i'm sure things are not horrendous there.
Anyway i've found a good solicitor on recommendation now, he's advised me the same as you to register my child while he files judicial review application. Also according to him, "The decision appears to be unlawful for a number of reasons including the Home Office failure to consider the best interests of the child and the wider Article 8 family life rights as interpreted by the higher courts over several years. On this basis alone, I believe the merits of a judicial review are good."

[flyingv26]

.

If you wish to continue to chase FLR(O) then you should seek advice from someone who has rights of audience for judicial review. Whereas you may perhaps be better off making an appeal stating why you are entitled to appeal (in-time application) and then asking for FLR(M) to be considered. You should have discussed this with your solicitor!

Here's what my solicitor said:

Although a new application will be cheaper in terms of legal fees (£750 plus VAT), you will still need to pay the application fee (£578) and risk another negative decision (they are routinely making bad decisions) after which you would have to judicially review in any case. The only benefit would be that if all the evidence and strong representations are submitted, it would increase your chances of success at judicial review. Plus your child will be British then as well. But again, if those arguments have been made and the evidence was submitted, it may be more worthwhile and quicker in the long run to judicially review now.

[Amber]

Who mentioned a new application? That makes no sense, why is your solicitor not finding out why your spouse does not have the right to appeal? That is what she should be doing. If it is because the Home Office believes your spouse made an out-of-time application then your solicitor should be rebutting that with the proof of in-time postage and receipt. Moreover, an appeal should be submitted within 10 days of the decision notice. It really beggars belief why she wants to put your wife on a 10 year route to settlement when, if she had acted accordingly in the first place, your wife would be settled now!

[flyingv26]

Who mentioned a new application? That makes no sense, why is your solicitor not finding out why your spouse does not have the right to appeal? That is what she should be doing. If it is because the Home Office believes your spouse made an out-of-time application then your solicitor should be rebutting that with the proof of in-time postage and receipt. Moreover, an appeal should be submitted within 10 days of the decision notice. It really beggars belief why she wants to put your wife on a 10 year route to settlement when, if she had acted accordingly in the first place, your wife would be settled now!

Dear amber, the home office already refused us when we had given them evidence of each and every correspondence with royal mail, i dont think arguing with them will make any difference as they have clearly declined right of appeal. According to my new solicitor form FLRO was the right choice at the time of application but it should have beeen changed to FLRM as soon as my ILR arrived. We cannot switch forms now and judicical review will only only give my wife 30 months leave which as you stated will put her on a 10 year route.
I just want to ask she gets her leave to remain can't we just switch her visa category and by that time my child will be registered here as well so she will have more stronger application?

[Amber]

If you should have the right to appeal then that needs to be fought for. FLR(O) was not the correct form. I can no longer comment on this as it's just going round in circles.