'Visa to Join Parent' for daughters visa

[jbt]

hi everyone,

i would just like to request for any advice or if anyone who have any knowledge re. my situation.

I have an ILR and my daughter's type of visa is 'visa to Join Parent' her visa has an expiry the same year as her passport will expire but not the same month. She is now 18 years old and she was 16 years old when she was granted the visa and when she arrived here. As i have an ILR, I would have imagine that the same thing applies to her.

I am confused on what the next step would be, does she has to apply for ILR? i've sent emails to ukba but it just gives me an automated reply and hard to reach them through phone. Please advice. Thank you.

jbt

[rusty]

I have been looking into the same issue for my step son and are in contact with the UKBA regarding his visa status.

I have found this regarding the validity of the visa:-

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/ecb/ecb9/#header8

ECB9.6 Indefinite Leave to Enter (ILE) and Indefinite Leave to Remain (ILR)

Applicants who are granted Indefinite Leave to Enter (ILE) at a visa issuing Post should have no time restrictions on their stay in the UK, that is, they can stay indefinitely. ILE carries the same entitlement as 'Indefinite Leave to Remain' (ILR) which is issued by the UK Border Agency to those who have already travelled to the UK. Anyone who has ILE does not have to apply for ILR when in the UK.

Although indefinite leave, by definition, will not expire, the ECO is unable to issue a visa to those who meet the criteria for ILE without putting a 'validity date' on the visa. In cases of ILE the 'validity date' on the visa should match the expiry date on the passport. When the applicant gets a new passport, they can apply to UK Border Agency for a transfer of conditions into their new passport. They do not need to apply for Indefinite Leave to Remain (ILR).



If you do want to add to new passport, it does come at cost. see this link:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/transfer-visa-to-passport/



Try to write to the UKBA at the address below, you get a better response than email or telephone.

UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

Goodluck :xxgrinning--00xx3:

[jbt]

Thank you so so much rusty, you're an angel, this is a great help. Goodluck and all the best. Will write to them soon. Thank you again a million times.

[grahamw48]

I'm 100% certain my 2 step-children did not need ILR.

From what I can remember, as dependants their visa conditions were linked to their mother's status.

They both have British passports now. :)

[joebloggs]

you didnt apply for ILR for your daughter when you applied for ILR ???

[grahamw48]

I forgot to say of course....check UKBA site for current requirements !

[jbt]

Thank you all for the replies, I already had an ILR when I applied for my daughter to settle here in te UK w/ me and my husband (her stepdad). She was initially refused a visa in the Philippines, we made an appeal and she was granted 'visa to join parent', as soon as they issued that visa i immediately called the UK Embassy in the Philippines as to why there is an expiry and they said they were unable to issue a visa without expiry date. My daughter arrived here when she was 16 and she is now 18 years old. I have called the Home office here in UK and they told me that my daughter has to apply for ILR using the set f, it will mean nearly 2 grand for that :bigcry::bigcry:

[sars_notd_virus]

Thank you all for the replies, I already had an ILR when I applied for my daughter to settle here in te UK w/ me and my husband (her stepdad). She was initially refused a visa in the Philippines, we made an appeal and she was granted 'visa to join parent', :bigcry::bigcry:

hi jbt, id like to know what u applied for her(your daughter) is it ILR or ILE? thanks

[joebloggs]

Thank you all for the replies, I already had an ILR when I applied for my daughter to settle here in te UK w/ me and my husband (her stepdad). She was initially refused a visa in the Philippines, we made an appeal and she was granted 'visa to join parent', as soon as they issued that visa i immediately called the UK Embassy in the Philippines as to why there is an expiry and they said they were unable to issue a visa without expiry date. My daughter arrived here when she was 16 and she is now 18 years old. I have called the Home office here in UK and they told me that my daughter has to apply for ILR using the set f, it will mean nearly 2 grand for that :bigcry::bigcry:

if you had ILR when you applied for her visa, she has been given the wrong visa, she should have been give ILE (indefinate leave to Enter), they made a mistake or were not aware you had ILR, you should phone UKBA and tell them and get them to issue her with the correct endorsement for free.

The General Enquiry contact number for UK Border Agency is: 0870 606 7766.

[jbt]

if you had ILR when you applied for her visa, she has been given the wrong visa, she should have been give ILE (indefinate leave to Enter), they made a mistake or were not aware you had ILR, you should phone UKBA and tell them and get them to issue her with the correct endorsement for free.

The General Enquiry contact number for UK Border Agency is: 0870 606 7766.

Thank you so much @joebloggs, I already had the ILR when i applied for her visa. her visa is valid for 3 years and 4 months, the same year that her passport will expire but not the same month (Visa valid from 15/04/2010 and valid till 21/08/2013. If the visa they issued was meant to be settlement then it should only be valid for 2 years, if i am not mistaken.

I have called the UKBA on the same number 4 times and spoken to 4 different person, the first 3 has said that she definitely has to apply for ILR and the last one i had spoken to has said if I think that the UK Embassy in the Philippines has made a mistake in her visa then i should contact them which i already did by sending them an email.

<<<sigh>>> after all what we've been through, her visa refusal initially, appeal process, took more or less, couple of thousands already spent and now after nearly two years, this will happen. :bigcry::bigcry::bigcry:

[joebloggs]

does it just say 'visa to Join Parent' on her visa or 'SETTLEMENT TO JOIN PARENT(S) ???

[jbt]

does it just say 'visa to Join Parent' on her visa or 'SETTLEMENT TO JOIN PARENT(S) ???

@joebloggs, it says

Number of entries : Mult
Type : visa to join parent (s)-(my name)

:NoNo::NoNo:

[joebloggs]

:NoNo: shes been given the wrong visa. it would be better if you corrected it from the phils, but i'm sure they can do it from the uk, some of the advisers at UKBA don't know what the rules are :NoNo:

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/ecb/ecb19/

might be better to write to them at

RCU EC Errors
15th Floor Apollo House
36 Wellesley Road
Croydon
CR9 3RR

see what they say , maybe send a photocopy of your passport and her passport pages.

[jbt]

:NoNo: shes been given the wrong visa. it would be better if you corrected it from the phils, but i'm sure they can do it from the uk, some of the advisers at UKBA don't know what the rules are :NoNo:

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/ecb/ecb19/

might be better to write to them at

RCU EC Errors
15th Floor Apollo House
36 Wellesley Road
Croydon
CR9 3RR

see what they say , maybe send a photocopy of your passport and her passport pages.

thank you so much @joebloggs for all your help, you've always been there, eversince...i will definitely write them a letter and will update you guys, thanks again so much.

[joebloggs]

thank you so much @joebloggs for all your help, you've always been there, eversince...i will definitely write them a letter and will update you guys, thanks again so much.

no problem and i wish you the best of luck :xxgrinning--00xx3:

[rusty]

As I said before, we are in a similar situation. His visa is valid from 16/08/11 to 16/11/13 and it says visa to acc parent. (passport expiry 2015)

We wrote to the UKBA the 6th December explaining the situation and enclosed photocopies of their passports and visas.

We received a reply on the 20th December, it says

“A correction to an error on an entry clearance visa will be carried out free of charge by the UK Border Agency if the migrant has already arrived in the UK.
There are two ways in which the migrant can arrange for the correction to be made

They can either:

Write to the Entry Clearance Manager at the relevant post with full details of their application. If the diplomatic post acknowledges that there has been an error, they will write to the migrant asking them to submit his/her passport, two photographs (name on the back).

Alternatively, the migrant can write directly to the relevant address explaining the error and enclosing passport and two photographs (name on the back)
Enquires will then be made to the Entry Clearance post by the casework team in order to confirm if an error has been made.”

The address given is the same Joe has given in his earlier post.

We decided to go with the second option and send his passport to them straight away.

We received a further letter this week asking for us to send the two passport photographs to them so they can make their decision; unfortunately we forgot to send these at the same time as we sent his passport. :doh

So now we wait again to see if they will change his visa.

As Joe has suggested, write to them to explain your situation, goodluck :xxgrinning--00xx3:

[jbt]

As I said before, we are in a similar situation. His visa is valid from 16/08/11 to 16/11/13 and it says visa to acc parent. (passport expiry 2015)

We wrote to the UKBA the 6th December explaining the situation and enclosed photocopies of their passports and visas.

We received a reply on the 20th December, it says

“A correction to an error on an entry clearance visa will be carried out free of charge by the UK Border Agency if the migrant has already arrived in the UK.
There are two ways in which the migrant can arrange for the correction to be made

They can either:

Write to the Entry Clearance Manager at the relevant post with full details of their application. If the diplomatic post acknowledges that there has been an error, they will write to the migrant asking them to submit his/her passport, two photographs (name on the back).

Alternatively, the migrant can write directly to the relevant address explaining the error and enclosing passport and two photographs (name on the back)
Enquires will then be made to the Entry Clearance post by the casework team in order to confirm if an error has been made.”

The address given is the same Joe has given in his earlier post.

We decided to go with the second option and send his passport to them straight away.

We received a further letter this week asking for us to send the two passport photographs to them so they can make their decision; unfortunately we forgot to send these at the same time as we sent his passport. :doh

So now we wait again to see if they will change his visa.

As Joe has suggested, write to them to explain your situation, goodluck :xxgrinning--00xx3:

Thank you again rusty, been a great help, i already prepared the letter...goodluck to both of us....

jbt

[joebloggs]

So now we wait again to see if they will change his visa.



Thank you again rusty, been a great help, i already prepared the letter...goodluck to both of us....

jbt


good news Rusty:xxgrinning--00xx3:, I'm sure both of you will get the Correct ILE or ILR now, and without having to pay for it :rolleyes:

[jbt]

good news Rusty:xxgrinning--00xx3:, I'm sure both of you will get the Correct ILE or ILR now, and without having to pay for it :rolleyes:

thanks @joebloggs.......you're the best...

ps...i wonder whats the difference between these type of visas and on what criteria they are granted, 'visa to join parent', 'visa to acc parent' and indefinite leave to enter..although i've got little ideas maybe some of you guys can enlighten me. i have tried searching on the net and the ukba websites, i could not find more infos on the first 2 types of visas mentioned. thank you.

[joebloggs]

thanks @joebloggs.......you're the best...

ps...i wonder whats the difference between these type of visas and on what criteria they are granted, 'visa to join parent', 'visa to acc parent' and indefinite leave to enter..although i've got little ideas maybe some of you guys can enlighten me. i have tried searching on the net and the ukba websites, i could not find more infos on the first 2 types of visas mentioned. thank you.

these are not visa's types but whether the child is joining or been accompanied by a parent.
'visa to join parent' would have been granted if you were already in the uk, so your daughter would be joining you.

'visa to acc parent' would have been granted if you both were coming to the UK at the same time.

[rusty]

'visa to acc parent' would have been granted if you both were coming to the UK at the same time.

But as my wife was already in the UK and had her ILR, this should mean the incorrect visa was issued and they should change it.

[jbt]

THANK YOU ALL!!! Finally, we got the reply from the British Embassy from Manila confirming that the settlement visa of my daughter has been issued incorrectly.

Special thanks to Joe and Rusty......and to everyone...xx

:heartshape1:

[joebloggs]

THANK YOU ALL!!! Finally, we got the reply from the British Embassy from Manila confirming that the settlement visa of my daughter has been issued incorrectly.

Special thanks to Joe and Rusty......and to everyone...xx

:heartshape1:

great news :xxgrinning--00xx3: the embassy is getting useless, another mistake :doh

[rusty]

THANK YOU ALL!!! Finally, we got the reply from the British Embassy from Manila confirming that the settlement visa of my daughter has been issued incorrectly.

Special thanks to Joe and Rusty......and to everyone...xx

:heartshape1:

Congratulations :Jump:, we were also able get the visa for my step son changed, he now has ILR. :xxgrinning--00xx3:

[jbt]

hello....i just wanna share our big disappointment from the first reply we had from the uk embassy in the phils. after explaining to them the situation and the reply that we had are as follow:

Greetings from UK VAC!

There was no mistake or error in the visa issued to your daughter. We would like to inform you that application for leave to enter the UK from the origin of country initially are given leave to enter or visa valid for 2 or 3 years. Indefinite Leave to Remain is not issued in the Philippines , it is given after you have completed the probationary period in the UK . Shortly before the end of your probationary period, you can apply for permission to settle permanently in the UK . This is known as 'indefinite leave to remain'. This application is done inside the UK .
after we got the disappointing reply from the UK embassy in the Phils., I had consulted our solicitor (who handled our appeal for my daughters visa before) she contacted the UK Embassy both in UK and in the Philippines we had the reply from UK Embassy in the Phils as follow:


ENDORSEMENT FOR LEAVE TO ENTER THE UK FOR SETTLEMENT TO JOIN YOUR MOTHER
I am writing to inform you that your settlement visa has been endorsed incorrectly. The endorsement should have been
Settlement to join parent(s) Code: Indefinite leave to enter with validity from (ie the expiry date of your passport).
Please send this letter along with your passport and two passport photographs to the following address so that your visa can be corrected free of charge.

Finally, this is a big relief for us, after all the stress it has caused us again. If we had just accepted their initial reply that there was no mistake in my daughters visa, it would have cost us more or less a thousand pounds to apply for ILR.

It was very obvious that they have not thouroughly checked the 'documents we had attached' from the email and probably did not bother to fully assess the situation.

Thank you all again....xx