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10 year ILR with home office - status of dependants

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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saurya_s
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Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

10 year ILR with home office - status of dependants

Post by saurya_s » Sat Oct 24, 2009 8:30 pm

Hi all,
My 10 year ILR application is with the home office and I have been told that my status stays as my current status (HSMP) till a decision is made. My current HSMP is due for renewal in a month. Consequently, my partner visa runs out the same day. So what happens to the status of my dependants till decision on my ILR is made after my current visa expiry? Does their status stays as mine or their stay becomes unlawful. I am specially worried as ILR based on 10 year is considered solo application.
Thanks
S
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vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Oct 25, 2009 11:25 pm

[url=http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/]Application types[/url] > Completing application form SET(O) wrote:However, if you are applying because you meet the long-residence requirement, you may not include any dependants in your application. If you do, their applications will be refused. They may apply separately if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, he/she may apply for temporary permission to stay (limited leave to remain) on application form FLR(M), in which case he/she can include any children under 18 as his/her dependants. For other options, see the detailed SET(O) guide.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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saurya_s
Member
Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

Post by saurya_s » Mon Oct 26, 2009 8:53 am

Vinny,
I understand this is applicable when I get ILR and my dependants switch to FLR(M) till they get their own ILR.
Since my documents are with home office while the decision is made, I have been told that my status will be same as my current status. I wanted to know what will be the status of my dependants during that period.

My current visa and for my dependants as well run out on Dec 20. I have submitted my application in mid October. If decision on my case is made by end of December, what would be the status of my dependants from 20 Dec onwards.

Thanks
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vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Oct 27, 2009 3:50 am

If they do not make applications for extensions before their leave expires, then they will become overstayers after their leave expires.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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