ILR child exceptional circumstances

[Chocolate80]

Hi,
I would be grateful for advice regarding long residence ILR query.
Background: I am a professional on Tier 2 visa since 4 and a half years. Before that, I was on Tier 4 visa for 5 and a half years. I am now eligible for 10-year long residence. I have two children who are my Tier 2 dependants. My husband, who was also on tier 4 visa, was with us but as he had severe mental health issues, he left and has been living in Pakistan for the last 6 years. Due to his severe mental health issues, he was aggressive, there were issues with domestic violence and social services were involved. He has not returned since. Children have been living with me and I have been able to get Tier 2 dependant visas for my children in the absence of their father based on these family circumstances and by attaching letters from health care professionals and school. I have been their sole carer over the last 5-6 years. We do have telephonic contact with father.

I am now going to apply for ILR for myself and my children.
I have the following questions:
1. In ILR application, what should I say that my marital status is (separated vs married) and does the answer affect mine or my child's application? In the most recent Tier 2 application, I did state that I am married. However, I see that ILR application is different and the form has several questions for spouse such as where they are and why they are not living with you etc which I can provide an answer for but I am not sure what's the best way forward. Can you please advise.
2. My elder daughter who is 12 was born in Pakistan and the other was born in UK. She has been here for 10 years now. I am applying for long residence ILR for my elder daughter and once I get ILR will apply for registration for citizenship for younger daughter. Is there a possibility that I can apply for registration for citizenship for my elder daughter too who was born abroad? Is there any exception I could use?

Many thanks for your time.

[CR001]

I am now going to apply for ILR for myself and my children.

Set LR doesn't permit dependents to apply with you so you cannot include your children.

1. In ILR application, what should I say that my marital status is (separated vs married) and does the answer affect mine or my child's application? In the most recent Tier 2 application, I did state that I am married. However, I see that ILR application is different and the form has several questions for spouse such as where they are and why they are not living with you etc which I can provide an answer for but I am not sure what's the best way forward. Can you please advise.

You need to select the marital status from the drop down that is relevant to you. Your spouse details or marital status are irrelevant to long residence ilr.

2. My elder daughter who is 12 was born in Pakistan and the other was born in UK. She has been here for 10 years now. I am applying for long residence ILR for my elder daughter and once I get ILR will apply for registration for citizenship for younger daughter. Is there a possibility that I can apply for registration for citizenship for my elder daughter too who was born abroad? Is there any exception I could use?

Your elder daughter needs ilr before she can apply for citizenship when either parent is also applying and usually, when the other parent has ilr. There is no exception for her as she was born abroad. She also has to complete her own set LR form as you cannot include her in yours. She will also be subject to the absence limits.

[Chocolate80]

Many thanks for your reply.
You advised "to select the marital status from the drop down that is relevant to you". Practically speaking we are separated. However, in my recent application, I stated as married as that is what the legal status is. The ILR online forms asks for
Evidence "to prove the relationship, immigration status of spouse such as passport, correspondence addressed either to you jointly, or in both of your names, or addressed individually" and other than marriage certificate I don't have the rest as he has not been in UK.

Easiest thing for me to do is to say I am separated as then I do not need to attach any documents. Even though my circumstances are all the same and I am the adult responsible for children, my status would change from married (in recent Tier 2 application last month) to "separated" in ILR. And as there is only a month gap between two applications, I am worried this may affect my child's ILR?
Am I right to be worried or it does not matter?

[CR001]

For set LR there is nothing you need to submit about your spouse. It is minimal documents and checklist is very generic. Flow the rules and guides only for documents and don't complicate things.

If you are legally married, then that is what you state. If the drop down gives the option of separated, then that is what you select.

[Chocolate80]

Thank you for your reply. I have some other questions if you can please take time to answer.
1. I am now filling in set LR form for my 12 year old daughter born in Pakistan. Application asks for consent form from both parents or from a single parent if they have sole responsibility. So with my circumstances, would a single form from me be enough.
2. Is there a template for this parent consent that I could use
3. There is another consent form " Consent for the Home Office to verify application information, third party information and third party sponsor". Am I, the parent supposed to sign all the three parts? also, may sound daft but what's the purpose of this form.
4. Do we need to provide any financial evidence in ILR forms as we do for last 90 days for tier 2 visa.
Many thanks for our time

[Chocolate80]

Hi,

For ILR long residence, I am providing passports covering the last 10 years. However, I do not have my first passport that was issued before 10 years. On that passport, I did have a previous UK visa but never came to the UK on that visa. There was also a 24-hour entry stamp at Heathrow during a flight transfer. Would it matter if I do not have that passport?

Many thanks for your reply

[Chocolate80]

Furthermore, do I even need to mention anywhere that I have lost that passport as it is before the 10 years period in the UK.

[zimba]

NO need for that passport

[Chocolate80]

Hi.
Thanks to all members who have answered my questions in past. This is a v helpful forum.
I have submitted online application for my child ILR on base of long residence. Could you please inform if I need to attach my bank statement with the application. Is there a maintenance requirement?
Thanks once again

[zimba]

ILR does not have a maintenance requirement

[Chocolate80]

Thanks. I was confused as to why home office ask for third party consent or joint account if there is no maintenance requirement.
although not the right forum but could you please tell if there is any maintenance requirement for registering a child as citizen. I am broke after these expensive applications so can't really hold money in my account.

[CR001]

although not the right forum but could you please tell if there is any maintenance requirement for registering a child as citizen

Please don't ask citizenship questions in the ilr sub forum. There is NO financial requirement for citizenship!!