What is the right application form for extension of UK dependent visa?

[suhas.chatekar]

I have recently got my ILR approved. I was on a tier 2 general visa before that. I have a 2-year-old daughter who was not born in the UK. She is on a tier 2 dependent visa. She was not eligible for ILR as she has not completed 5 years of her stay.

I now need to apply for an extension of her visa. I know that I need to apply for FLR but there are so many FLR application types that it's confusing. I think, in my situation, I need to use FLR (M). I am saying this based on the information available here - https://www.gov.uk/government/publicati ... -form-flrm. Am I correct in using FLR(M)?

Am I right in using this online application - https://visas-immigration.service.gov.u ... ily-routes for this visa?

[CR001]

What about the child's other parent??

[suhas.chatekar]

What about the child's other parent??

Child's other parent was eligible for ILR so had her included in my ILR application as a dependent.

[CR001]

You could have included the child too.

[vinny]

Yes.

[suhas.chatekar]

You could have included the child too.

My lawyer told me that as per the latest changes in the law, the child has to complete 5 years of the qualifying period before she becomes eligible for ILR so could not add her in the application. A friend had a similar situation and he called up UKBA. They confirmed that the child has to complete 5 years in the UK.

[CR001]

Which law change would that be???

Do click on the link that vinny has provided which contains the links to the immigration rules. You could have included the child in your application. You have been given incorrect advice. There is no '5 year residence' for small children.

319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.

[iworker]

sorry to break this to you, but this lawyer is not really a lawyer. i have seen para legal far more competent than these so called lawyers.
Not being patronizing (i cant be , if u see my flag), but if you go to cheap, small run down offices which claim to be immigration lawyers, this is the kind of wrong advise u get.

[suhas.chatekar]

sorry to break this to you, but this lawyer is not really a lawyer. i have seen para legal far more competent than these so called lawyers.
Not being patronizing (i cant be , if u see my flag), but if you go to cheap, small run down offices which claim to be immigration lawyers, this is the kind of wrong advise u get.

Believe me, the lawyer was not any cheap rundown lawyer. This was good law firm appointed by my employer.

[CR001]

sorry to break this to you, but this lawyer is not really a lawyer. i have seen para legal far more competent than these so called lawyers.
Not being patronizing (i cant be , if u see my flag), but if you go to cheap, small run down offices which claim to be immigration lawyers, this is the kind of wrong advise u get.

Believe me, the lawyer was not any cheap rundown lawyer. This was good law firm appointed by my employer.

Their advice is still woefully wrong, regardless of how much was 'paid' and how 'good' they supposedly are. A small child does not have residence requirements and you could have included the child with your application.

Unless your 'lawyer' gives the exact HO rule changes he is referring to, I suspect he doesn't really know what he is talking about.

[suhas.chatekar]

For the benefit of anyone in the same situation as I was in.

Based on the responses I received here, I went back to my lawyer with the conviction that my daughter can apply for her own ILR. While the lawyer kept insisting that she cannot, I managed to speak to a senior lawyer at the firm which confirmed that my daughter can indeed apply for her own ILR.

We eventually applied for her ILR and I am glad to confirm that she has been granted ILR without any issues. We could have included her in our application had the lawyer been more knowledgeable. This was an additional headache and one more day off which we could have avoided.

Thanks to everyone who offered their advice.

Suhas