FLR application and dependent child

[Kevin1908]

I am confused by the FLR application, not due until next year, of my wife and her dependent son. The form says that a dependent applies for an FLR at the same time. I am confused because at the moment my wife's son does not have a visa and we are appealing that at the moment. When my wife applies for her FLR her son would have been here for 18 months at the most assuming the appeal is successful.

So does he apply for an FLR at the same time as his mother or after he has been here 30 months. He is 16 now.

[7by7]

A child's visa is usually tied to that of their parent and so will expire when their parent's does; unless the parent has ILR, in which case the child will be granted ILE (which is the same as ILR except it is issued outside the UK, not in).

This is so they can make their next LTR application together on the same form.

But check the expiry date on his visa when/if it is issued.

[Kevin1908]

My wife came last March. her son doesn't yet have a visa, waiting the appeal. I assume if it is granted it will be 30 months (or 33) hence my question about renewing at the same time or are you suggesting that if the appeal is granted then it will only be up until his mother's expires. Given I paid full wack for this is he (and me) not entitled to our full monies worth.

[7by7]

The fee is for processing the visa, not to somehow buy time in the UK.

Remember that if his appeal fails, he wont get a visa at all and you wont get a refund of the fee paid.

[Kevin1908]

The fee is for processing the visa, not to somehow buy time in the UK.

Remember that if his appeal fails, he wont get a visa at all and you wont get a refund of the fee paid.

ok what you say is true but for £800 it isn't expecting too much that you don't get wacked with another stonking fee to renew the visa that had only recently been granted because the ECO unreasonably didn't grant the visa in the first place.

There isn't much incentive for the ECO to get it right if not only is there not any financial penalty but you get hit with a renewal fee shortly after it is granted after an appeal.

[7by7]

Were I in your position I would be concerned with getting his appeal right and him into the UK rather than moaning about not getting my full '30 months worth' from the visa fee!

I am not going to get into another stupid argument with you about the refusal; as you wont tell us exactly why he was refused it is impossible to say who was at fault; the ECO or the person who prepared the application; from what little you have said about this it appears that he may not even qualify anyway as his mother doesn't seem to exercise sole responsibility.

Odd that when you first posted about this in Feb last year he was 14, but in the OP above he is 16. Two birthdays in 12 months?

Typo? Probably, we all make mistakes, but if his original application contained such inconsistencies it's no wonder it was refused.

If you have a specific question I will do my best to answer it; unless someone else does first.

But if you just want yet another topic where you vent you spleen against UKVI and members here who try to help you; I wont be participating further.

Edited February 5, 2014 by 7by7

[Kevin1908]

Were I in your position I would be concerned with getting his appeal right and him into the UK rather than moaning about not getting my full '30 months worth' from the visa fee!

I am not going to get into another stupid argument with you about the refusal; as you wont tell us exactly why he was refused it is impossible to say who was at fault; the ECO or the person who prepared the application; from what little you have said about this it appears that he may not even qualify anyway as his mother doesn't seem to exercise sole responsibility.

Odd that when you first posted about this in Feb last year he was 14, but in the OP above he is 16. Two birthdays in 12 months?

Typo? Probably, we all make mistakes, but if his original application contained such inconsistencies it's no wonder it was refused.

If you have a specific question I will do my best to answer it; unless someone else does first.

But if you just want yet another topic where you vent you spleen against UKVI and members here who try to help you; I wont be participating further.

I believe that I asked a perfectly valid question but as usual this has turned into a slagging match. I had naturally assumed that the boy would apply for an FLR after 30 months. As I wrote in the question it was only as a result of reading somebody else's question about the FLR and saw the section on the FLR application form about dependent children did I become confused.

I hadn't realised that asking a hypothetical question was against the rules but it seems reasonable to me to want to understand what the residency requirements for the son are well in advance.

Again assuming that the appeal is successful then then the timing the he moves to the UK will have to be considered bearing in mind the different school years. Now I have to also consider this in connection with his mother's FLR application.

I have no desire to raise the appeal in this thread but you have gone down that road and raised moaning about the UKBA. You raised that not me.

I don't intend to read all my posts to see who said what and pick you up on inaccuracies but the boy was 14 at the time of the visa application and his 15th birthday occurred after the application and before the refusal. The application was made 16 months ago hence 2 birthdays since the visa application. He is now 16. He was 14 when the initial visa application was made. I hope that is clear.

Can we get back to the question about what the residency requirements are for my wife's son by Sept 2015 so I can best understand the implications of him coming to the UK assuming the appeal is won. If he is refused then I wasted my time typing all of this.

If you can't be bothered to provide an answer than that is fine but I didn't start the inevitable slagging match.