Hello,
I w
ould appreciate your advice on a minor question. I’m reapplying for ILR after my first application was refused, and naturally now trying to be very cautious. I am not 100% sure how to answer the following question:
Section: Problems with immigration to the UK
Question: Have you ever been:
* refused a visa for the UK
* ...
I am not sure - does the ILR application refusal count as “refused a visa for the UK”? I would think that a refused application for settlement is not a refused visa.
I don't think that selecting either Yes or No here would affect my application. If Yes, I would just have to provide some details. But as I said, now I am trying to be super-cautious not to miss some commas.
Thank you!
[ Just in case, my story is as follows:
PBS Dependant. Over 18, so had to submit a separate application. Live with my parents. 5 years in the UK. Current visa still valid until January 2019.
Applied for ILR at PSC with my dad, the main applicant (Tier 2). He was granted ILR.
My application was refused as one of the requirements in 319J was not met, namely:
e) Both of an applicants’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant.
My mom, who also holds a PBS Dependant visa, wasn’t applying with us at the time. (She didn't need ILR urgently, so our plan was to save on the premium processing fee — ha-ha.) After checking the SET(O) form and guidance notes we were under impression that the above requirement applies only to children under 18. A very costly mistake!
Below is a bit of debugging of why this had happened — hope this would help other people to avoid such problem in the future.
In my opinion, the text in the application/guidance notes referring to children is misleading for over-18s:
Family members (dependants)
Your partner and children under 18 can apply on the same form as you if they’re eligible.
- So you would think that the next paragraphs describe exactly to these 2 categories:
Eligibility for partners
..
Eligibility for children
..
- Therefore we assumed this is the same category as introduced above, i.e. children under 18. Apparently not, here they mean all children.
Then at the bottom there was an explicit reference to children over 18:
If they’re over 18 by the time you apply, they must pass the Life in the UK Test and prove they have English language skills.
They must either:
* apply online
* download and fill in a separate SET(O) form
- And following these instructions I applied online (a separate application).
After that all the questions referred to the main visa holder and his status - a singular form, i.e. one of the parents who has received ILR on a work visa: "visa-holder who has settled in the UK", "your sponsor", "name of the person with whom you want to remain in the UK", etc.
When we discussed this with the immigration solicitor he advised against going for AR as that would be just a waste of time and money. Regardless of how confusing/misleading instructions are, such rule in 319J exists.
The final remark. The handling officer admitted that that was the only problem with my application. So, clearly, that was just a “technical” issue, and in a “normal” country they would tell me to book another appointment and bring in the missing parent to fix this. But that’s not the way HO operates… ]
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