Did I apply for the right visa?

Also, once I withdraw my application won't I then be here illegally? So shouldn't I wait until I have a US passport for my daughter so I can take her with me rather than withdrawing and being here illegally while I wait for it? Or would it be better to withdraw and stay illegally until she has a passport?

About being here illegally after 6 months, I thought since my application is pending I'm allowed to be here until a decision is made? I read that somewhere on the UKBA website so I was sure at least I had that bit of information right.

Someone else will have to answer this more definitively, but seeing that you aren't allowed to apply for an in-country visa, I would think you're here illegally right now. 

The official response is:

What is my immigration status while my application is being decided?
Close If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

But I agree with the above poster, I doubt you can use this when you don't even meet the visa requirements (i.e. the age thing).

I would imagine it might be best to get your daughter's visa passport sorted asap in this case. If you do end up withdrawing your app, you will also want to do it sooner than later as the longer you wait to do it, the closer time gets to them sending back a refusal.

Have you received confirmation yet that your visa has been received by them?

I did my FLR(m) in person back when I did it 2 years ago, so I'm not sure if they send confirmation by post or e-mail (if you provided one).

ETA: I meant passport, not visa.

I would imagine it might be best to get your daughter's visa sorted asap in this case.

The child does not need a visa, she needs a British Passport and a US Passport. The British One can be resolved by the father applying for it the US Passport is a bit complicated as the mother needs to register the Birth with the US Embassy, show her US passport and then get the Consular Report of Birth Abroad & the Passport. Those of us who have done it know that it takes a couple months before you can get an appointment -- and the OP doesn't have that option of time as the sooner that she resolves her situation the better.

Honestly, this situation is a complete mess (and only gettting worse by the minute by receivng public benefits & NHS Services when not entitled) and the OP would do best with consulting an Immigration Solicitor who can properly advise her and help her straighten out what she's gotten herself & her family into.

The child does not need a visa, she needs a British Passport and a US Passport. The British One can be resolved by the father applying for it the US Passport is a bit complicated as the mother needs to register the Birth with the US Embassy, show her US passport and then get the Consular Report of Birth Abroad & the Passport. Those of us who have done it know that it takes a couple months before you can get an appointment -- and the OP doesn't have that option of time as the sooner that she resolves her situation the better.

Honestly, this situation is a complete mess (and only gettting worse by the minute by receivng public benefits & NHS Services when not entitled) and the OP would do best with consulting an Immigration Solicitor who can properly advise her and help her straighten out what she's gotten herself & her family into.

That's my fault, Weby...I blame mommy-brain. I meant to say Passport.

But I agree that professional advice from here on out is the best bet considering the depth of the situation.

ETA: I might venture to suggest staying away from CAB for future immigration advice in this case as well.

I had just one more question, about getting my daughter her US passport. If I need my passport to apply for hers but mine is sent off with my application, what do I do? If I cancel my application to get my passport back then I'll be here illegally so I can't do that. Are they able to send some sort of certified copy?

I had just one more question, about getting my daughter her US passport. If I need my passport to apply for hers but mine is sent off with my application, what do I do? If I cancel my application to get my passport back then I'll be here illegally so I can't do that. Are they able to send some sort of certified copy?

As it has already been pointed out...you are already here illegally technically as you didn't have the prerequisite of proper entry clearance into the UK to apply for the visa in-country. Honestly, I think you may need the rest of your questions answered by a professional.

If anyone else knows differently they will post what they know...but the sooner you speak to a proper advisor, the sooner you will start getting accurate answers and on your way to making things right.

Yesterday I got a letter back about my application saying I just needed to send in a few more extra documents, so as far as I'm concerned my application is still processing. I'm not going to withdraw my application, because then I would definitely 100% be her illegally. I've never heard of anything saying that applying for a visa, then finding out it could be refused, automatically makes you illegal before they're even made a decision.

So I'm wondering if I write to the person handling my case would I be able to get some sort of copy of the papers I need and my passport so I can get my daughter her visa? If not my passport then just her birth certificate. I don't know how it works with that or if they would do something like that. Her birth certificate is sent in with my application so at the moment she can't get any passport at all.

Yesterday I got a letter back about my application saying I just needed to send in a few more extra documents, so as far as I'm concerned my application is still processing. I'm not going to withdraw my application, because then I would definitely 100% be her illegally. I've never heard of anything saying that applying for a visa, then finding out it could be refused, automatically makes you illegal before they're even made a decision.

So I'm wondering if I write to the person handling my case would I be able to get some sort of copy of the papers I need and my passport so I can get my daughter her visa? If not my passport then just her birth certificate. I don't know how it works with that or if they would do something like that. Her birth certificate is sent in with my application so at the moment she can't get any passport at all.

What was said was that because you were not eligible to apply for the visa in the first place because of not having proper prior entry clearance (ie - in form of a fiance visa, etc) you were technically here illegally anyway. For those who apply for FLR(M) from already having a fiance visa (as I did 2 years back, for example)...my status would have held (as a fiance) until my application for the spousal visa came back with a decision.

But all that aside, I believe I sent you some information with an e-mail. Please contact that person ASAP as they can advise you what step would be best to take next for your situation. The longer you wait, the messier this can all get and the simple fact that there is more at stake than just your permission to stay in the country.

What was said was that because you were not eligible to apply for the visa in the first place because of not having proper prior entry clearance (ie - in form of a fiance visa, etc) you were technically here illegally anyway. For those who apply for FLR(M) from already having a fiance visa (as I did 2 years back, for example)...my status would have held (as a fiance) until my application for the spousal visa came back with a decision.

But all that aside, I believe I sent you some information with an e-mail. Please contact that person ASAP as they can advise you what step would be best to take next for your situation. The longer you wait, the messier this can all get and the simple fact that there is more at stake than just your permission to stay in the country.

Oh I see, I must have misread that. Even still, they should have put important rules like that on the form. I read everything so carefully, I was so sure that was the right form. Even the part about "is this the right form for you" didn't say anything about any of this. It's just frustrating =(

Oh I see, I must have misread that. Even still, they should have put important rules like that on the form. I read everything so carefully, I was so sure that was the right form. Even the part about "is this the right form for you" didn't say anything about any of this. It's just frustrating =(

Kalah, what you don't understand is that as a visitor you can't apply for another visa. If you had any other status besides a visitor then the advise you were given was right. But as a visitor you can't switch a visa status. Besides if you had read the form & the guide for the form it would have told you that you need to be 21 in order to get the FLR(M) visa. They didn't hide the rules or not tell you what they were on the website.

The page where you got the form from on the UKBA website says this:
http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/

We will not give you permission to enter or remain in the UK in any of these categories if you or your husband, wife or partner will be aged under 21 on the date when you would arrive in the UK or the date when your permission to enter or remain would be given. (If you or your husband, wife or partner is a serving member of HM Forces, the minimum age is 18, not 21.)

So this tells you that you have to be at least 21 years old to be eligible.

and

If you are already in the UK
If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner if we have given you a total of more than six months' permission to live here since your most recent admission to the UK. This permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules). For example, if we gave you permission to enter for three months and then permission to remain for five months, you have been given a total of eight months - which means you can apply to switch into the category of husband, wife or civil partner.

And this tells you that you have to have been allowed into the UK for MORE THAN 6 MONTHS. As a visitor you can't stay more than 6 months so.

The information was there in black & white.


You need to CONSULT an immigration Solicitor regarding your situation ASAP before you make any decisions as to what you should or should not do.

Kalah, what you don't understand is that as a visitor you can't apply for another visa. If you had any other status besides a visitor then the advise you were given was right. But as a visitor you can't switch a visa status. Besides if you had read the form & the guide for the form it would have told you that you need to be 21 in order to get the FLR(M) visa. They didn't hide the rules or not tell you what they were on the website.

The page where you got the form from on the UKBA website says this:
http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/ So this tells you that you have to be at least 21 years old to be eligible.

and
 And this tells you that you have to have been allowed into the UK for MORE THAN 6 MONTHS. As a visitor you can't stay more than 6 months so.

The information was there in black & white.


You need to CONSULT an immigration Solicitor regarding your situation ASAP before you make any decisions as to what you should or should not do.

Yes I see all that now, but when I was first looking at the application there was a page about it that had a short list of requirements to know if it was the right form, and it didn't mention age or any of those other things. I can't find the same page now, the site's been changed a little since last time I was on it. I already know it's wrong though you've all told me so many times that it's wrong. I'm just trying to ask if they would send back documents if I asked so I can get my daughters passport. Without having to withdraw the application.

I'm just trying to ask if they would send back documents if I asked so I can get my daughters passport. Without having to withdraw the application.

I can't speak for anyone else, but I would imagine that this question is unfortunately one that cannot be given a 'for sure' answer to (not in this forum anyway) and is one that you need to see a solicitor about. They are the ones who are qualified to advise you on what steps to take and the likelihood that you can do it on your own or if you'd need to retain their services.

I'm just trying to ask if they would send back documents if I asked so I can get my daughters passport. Without having to withdraw the application.

If you request your passport back before they've made a decision UKBA will automatically withdraw your application. You can always get another copy of your daughters Long Form registration certificate from the Registry Office that you registerd her birth with.

If you wait for the refusal you will be notified that you have 28 days from the date of the refusal notice to leave the UK. Your passport may not be returned to you because at that point the Home Office would need to make sure that you left the UK and probably wouldn't release it back to you until you're on a plane back to the US. Again, this is just information from others experiences and not legal advice, we cannot give you any advice beyond what you can find in writing on the UKBA website.

Which is why you really need to contact a UK Immigration Solicitor ASAP and have them assist you.