Confusing ILR refusal....

[TCA]

16 hours ago, 7by7 said:

It wont be an issue; there is no minimum UK residency period for child registration under section 3(1). No LitUK test or English languge requiement either.

Thanks for confirming 7by7.

[vinny]

On 4/22/2018 at 4:59 PM, 7by7 said:

 Members may find the Home Office guidance to staff Indefinite leave to remain: calculating continuous period in UK interesting.

 

However, one important, nay vital, point to note is that this does not apply to those on the five year family route; e.g. spouses of British nationals and their dependent children. See page 4 "Categories covered by this guidance."

True.

Edited April 28, 2018 by vinny

[TCA]

On 24/04/2018 at 8:14 AM, 7by7 said:

Your choice, but I would not risk a refusal such as the OP's wife's merely for the sake of applying 28 days earlier than this.

A quick follow up on the above now I've started ploughing through the SET M form and guidance notes. Section 5 in the guidance notes "When To Apply" states:

 

"You and any children under 18 who are applying with you should apply before the end of your/their permitted stay in the UK when you are nearing completion of the qualifying period required by the Immigration Rules. Please do not apply more than 28 days before completing that period. If you apply earlier than that, your application may be refused. If that happens, we will not refund the fee and you will have to pay again when reapplying."

 

That seems to be a nod to the 28-day rule, but having seen that, I (my wife) still won't be applying until the 5 year anniversary of UK entry. There are bits in the form where the applicant has to state how long they've lived in the UK and sticking in 4 years 11 months might complicate things unnecessarily and maybe lead to the application getting parked for a month. We won't risk it.     

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633927/SET_M__Guidane_Notes_08-2017.pdf

 

For info, there's a newer version of SET M since I last looked, dated April 2018:

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/696462/set_m_-form-04-18.pdf