Tier 2 General Extension and New born baby First application

[Pragash]

I am planning to apply for my tier 2 extension visa end of this month.

I have a newborn baby and i am just wondering whether i need to apply for dependant visa. I have no plans to travel abroad during my stay in the UK. and I have not applied for a passport for my baby yet.

Suppose, if I don't send an immigration application for the visa for my baby whether they could refuse my extension visa?

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[iworker]

you dont have to apply his leave. As long as you do not want to travel outside uk, he can continue living here.
Once u have ilr, you can apply for his MN1 reg.
If at the end of your visa, u want to leave uk permanently, u can take him with u and he wont need a visa to leave uk.

[Pragash]

Hello Members,

I have been living here in the UK over 8.5 years with my family. My tier 2 sponsor went into liquidation and made me redundant recently. I have been on tier 2 visa for last 4.5 years and now exceeded the 60 days employment gap. I have not been able to get into new employment so far due to resident labour market test requirements.

I have four children (Age 14, 12,3.5 & 1.5) and two younger daughters were born in London. My two elder daughters will have completed 7 years by end of Nov 2018.

I am just wondering what options are available for us to remain in the UK and continue our children education before or after receiving the curtailment letter?

If we go down the human right route and request a discretionary leave, which application form we should use? FLR (HRO) or FLR /FP

Any advice would be much appreciated.

[CR001]

There is no '60 day employment gap' anymore. It was removed from the rules.

Easiest route will be to find a new Tier 2 sponsor or for your spouse to find one or switch to Student visa.

The route you are thinking of is not an easy one to get at all and can take over a year for a decision.

[Pragash]

I know it is a tough route but i haven't got any other feasible option at the moment with my current circumstances.

Not sure whether I can apply for ILR with more than 60 days employment gab If I find a new tier 2 sponsor?

I think if we can find a legal way to stay another 13 months, i can apply for ILR on 10 years route?

Is it advisable to send FLR (HRO) application before we receive curtailment letter?

I am not still clear whether to send FLR (HRO) OR FLR (FP) application?

[CR001]

Not sure whether I can apply for ILR with more than 60 days employment gab If I find a new tier 2 sponsor?

There is no longer a limit on how long you can remain unemployed. It has been removed and has no effect on ILR.

I think if we can find a legal way to stay another 13 months, i can apply for ILR on 10 years route?

FLR(FP) based on your children born abroad is likely not the best route.

[Pragash]

if i make an FLR(FP) application now, will i be able to submit a variation application after my daughters completing 7 years of legal stay (6 months from now)?

[CR001]

If you submit a FLR(FP) application with no actual basis (simply preferring the UK or buying time is not sufficient), it will likely be refused fairly quickly.

You should really try to find a sponsor for either yourself or your spouse and continue on the Tier 2 route.

[Pragash]

Thanks for your advice.

I have not been successful over last 60 days in terms of finding a tier 2 sponsor. There is one company who are ready to offer me employment but they do not have sponsorship licence. I would like to make an application and clearly lay out our grounds for leave to remain through FLR/FP??

However, I am not 100% sure yet what grounds ho would normally accept?

Perhaps i should approach a solicitor get a representation done? or

Can someone suggest a sample legal representation letter done for a similar case?

[CR001]

I would like to make an application and clearly lay out our grounds for leave to remain through FLR/FP??

What grounds would that be??

However, I am not 100% sure yet what grounds ho would normally accept?

FLR(FP) is one of the visa routes that sees a lot of abuse, so you can expect a hardline from HO unless you have exceptional circumstances. It is also on the many routes migrants use to 'buy time' and submit multiple apps following repeated refusals, which HO class as 'frivolous and vexatious' applications.

Perhaps i should approach a solicitor get a representation done? or

Your choice, but all they will see is a route to make money.

Can someone suggest a sample legal representation letter done for a similar case?

Members are not permitted to post recommendations or names/details solictiors on the forum.

I have not been successful over last 60 days in terms of finding a tier 2 sponsor.

If it takes more than 60 days, it will not impact you (until your visa is curtailed) for future ILR.