9 replies to this topic

[genuflexion]

Hello Friends,

I wonder if somebody could help me with this, please see below;

I am due for second Tier 1 extension, as I arrived 4 months late in UK.

I will be due for ILR four months later.

Question;

(1)- I have a UK born child who has Tier 1 visa which is running out with my mine. I got him the visa previously since we had to travel.

However, now we don't have any plans to travel until my ILR comes through.

I don't mind extending it if there is a legal obligation to do so and if it will cause any confusion with my ILR application four months down the line.

However, unsure - "Can I avoid my child's extension"?

(2)- What options do I have, regarding his status?

(3)- Will this leave a black mark on my or his record and jeopardise my "ILR" application and his "Registration" application (after I obtain ILR)?

I would appreciate your contribution.

Many Thanks
Riz Jamal

[Victoria]

You don't have to get his ILR. There is no problem with waiting and registering him as British when you have ILR.

[genuflexion]

Thanks so much for your reply,Victoria- very much appreciated.

Sorry to request for further clarification.

You answered about ILR i.e. I could do with excluding him from my ILR application, four months later.

- However, for now, do you mean that I don't have to extend his Tier 1 visa either and that since he is UK born, this technical overstay won't count/matter for "Registration" purposes?

- Also, I take it this won't  effect my ILR application later?

Please confirm and put me at ease.

Thanks
Riz

[Victoria]

That's exactly right.

[genuflexion]

Hi Victoria,

Thanks very much for your prompt and precise response.

You have certainly (100%) put me at ease, eradicated my confusion and resolved my query.

I will confidently go ahead for only my and my dependant wife's Tier 1 extension and four months later obtain ILR and apply for my child's british registration.

Best Regards
Riz

[jain208]

Hi Riz,

My case is exactly the same as yours. Could you let me know whether you had to apply for your son's extension or not? How did it go and did you receive your extension successfully?

Thanks in advance for your time,
Abhi.

[genuflexion]

Hi Abhi,

As Victoria suggested, I did not apply for my UK born child dependant (even though he has had Tier 1 visa on his passport and which is now expired).

My application is still at UKBA, been 2 months +. As soon as I receive my passport will apply for ILR straight away because this was my second extension (I came 3 months late). However, again I will not include my uk born child in my ILR application and after receiving ILR successfully I shall apply for his Registration/British citizenship.

Hope this answers your question.

Good luck!

Riz Jamal

[Victoria]

If your app is still at the UKBA and you now qualify for ILR you can apply to vary the application.

[genuflexion]

Hi Victoria,

You have indeed highlighted something interesting here.

If we vary the application, will my fee paid for Tier 1 (second extension) be adjusted in ILR application?

Also, I don't want to wait for another 6 months for my ILR to come through, as the standard for ILR postal applications is 6 months.

Therefore, can I opt to apply through solicitor (can they get me an appointment at UKBA and go on my behalf) so that I could get my passport back the same day or a week later atleast?

I will appreciate your response.

Thanks
Riz Jamal

[Victoria]

I think you'd better email me. Variations are tricky.