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Child Application for ILR - Help Needed

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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RealZ
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Child Application for ILR - Help Needed

Post by RealZ » Sun May 24, 2015 3:43 am

Dear forumites

Could someone please help with a situation at hand? I came to UK under the old work permit and obtained ILR 2 years ago and citizenship a year ago. I divorced my wife who was my dependant 5 years ago. We had a child and she remained with her all along and there was no contact. She obtained ILR via the 10 year long stay route as we were no longer married. She couldn't apply for my daughter's ILR due to her application. My daughter who is now 17 years old was my dependant as well when we came and we failed to apply for her settlement when I applied for mine as there was no communication. I would now like to apply for ILR for my daughter but I'm not sure whether I should book a PEO appointment or go through a solicitor as technically speaking she has overstayed due to her dependant's visa expiring. I know that this should have been sorted but unfortunately the divorce was sour and we didn't think this through. Could anyone please advise on the best course of action as I'm now worried that she may delay going to university??

vinny
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Re: Child Application for ILR - Help Needed

Post by vinny » Sun May 24, 2015 4:09 am

SET(F) under A277, A280( b ), 298, 299.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

RealZ
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Joined: Sun May 24, 2015 3:31 am

Re: Child Application for ILR - Help Needed

Post by RealZ » Mon May 25, 2015 8:01 am

Hi Vinny

Thank you for your prompt response. Does this mean that we can still make an application despite that her visa ran out? Isn't that considered as a reason for automatic rejection?

vinny
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Re: Child Application for ILR - Help Needed

Post by vinny » Mon May 25, 2015 8:48 am

Have a look at the rules. Extant leave is not required.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

RealZ
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Joined: Sun May 24, 2015 3:31 am

Re: Child Application for ILR - Help Needed

Post by RealZ » Tue Jun 09, 2015 7:39 pm

Hi Vinny

Thank you for the advice on the rules, it was very useful. Last Tuesday I booked a PEO appointment for 8 June 2015 at Croydon and paid £1900. I went with my daughter and ex-partner in the morning. By mid day we received a call from the case officer who asked why I hadn't applied for my daughter before and explained that it was an oversight and quoted the rules cited above. We returned by 130pm and our number was called out. We got to the case officer who informed us that the applicaction was successful. It was such a great relief for my daughter who was very nervous. Thank you very much for the useful advice. It is very much appreciated. :mrgreen:

vinny
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Re: Child Application for ILR - Help Needed

Post by vinny » Tue Jun 09, 2015 11:49 pm

Congratulations! Good luck to your daughter at University.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Amber
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Re: Child Application for ILR - Help Needed

Post by Amber » Wed Jun 10, 2015 8:32 am

Well done Vinny! Congratulations OP.
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