Council house

Chidera12 · Post by **Chidera12** » Mon Feb 08, 2021 2:59 pm

Hi All

Please my son was born in Nigeria year 2012 and I got my British citizenship in 2016. My son and my wife were given 2.5 years on a spouse visa, they came into UK 2018. My question is, can my Son apply for indefinite leave to remain in the UK instead of another 2.5 years? Please I will appreciate your quick response.

Thanks

Post by **CR001** » Mon Feb 08, 2021 3:02 pm

My question is, can my Son apply for indefinite leave to remain in the UK instead of another 2.5 years?

No he cannot. He will follow the same path as your spouse and will need an extension first, same route as your spouse.

Chidera12 · Post by **Chidera12** » Mon Feb 08, 2021 3:31 pm

CR001 wrote: ↑
Mon Feb 08, 2021 3:02 pm

My question is, can my Son apply for indefinite leave to remain in the UK instead of another 2.5 years?
No he cannot. He will follow the same path as your spouse and will need an extension first, same route as your spouse.

Thanks CR001 for the quick response.

Chidera12 · Post by **Chidera12** » Tue Feb 09, 2021 12:08 am

Chidera12 wrote: ↑
Mon Feb 08, 2021 3:31 pm

CR001 wrote: ↑
Mon Feb 08, 2021 3:02 pm

My question is, can my Son apply for indefinite leave to remain in the UK instead of another 2.5 years?
No he cannot. He will follow the same path as your spouse and will need an extension first, same route as your spouse.
Thanks CR001 for the quick response.

Please CR001 is this rule new? Because I consulted a lawyer who told me my Son eligible for indefinite leave to remain in the UK, the lawyer did the application which was refused now the lawyer is saying that she did not know the law has changed.

Post by **vinny** » Tue Feb 09, 2021 12:29 am

298(i) has been around for a long time.

Post by **secret.simon** » Tue Feb 09, 2021 1:08 am

From @vinny's link, I had a quick look at the oldest Immigration Rules (from 2012) listed in that link and that rule was there even in 2012.

From the 2012 copy from the Immigration Rules archive wrote:298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:

(i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child's upbringing; or
(d) one parent or a relative is present and settled in the United Kingdom and there are serious and compelling family or other considerations which make
exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

So definitely not new. And certainly this rule has been known and advised consistently for a long time on these forums.

Keep in mind that not all solicitors will specialise in or have knowledge of immigration law, which is a vast topic in and of itself.

Post by **vinny** » Tue Feb 09, 2021 1:55 am

Similar since 2008, 2001 and 1994!

Chidera12 · Post by **Chidera12** » Tue Feb 09, 2021 2:49 am

Thank you guys.
I think I need to request a refund from the lawyer because consultation fee £100 and then £800 for handling the application. Around £3,000 down the drain no way.

Please one more question. My wife and son are due for renewal on 10 June 2021, I will put in their application around the same time in May, please can I do their application separately? Example my Wife First.

Chidera12 · Post by **Chidera12** » Mon Feb 15, 2021 1:56 pm

Hi guys

Please my wife and son is due for 2.5 extensions, can council house have an effect on their application?

Chidera12 · Post by **Chidera12** » Mon Feb 15, 2021 9:51 pm

Chidera12 wrote: ↑
Mon Feb 15, 2021 1:56 pm
Hi guys

Please my wife and son is due for 2.5 extensions, can council house have an effect on their application?

Pls how many or minimum months of documents are required for FLR (m) extension, is SIX months documentation ok? and my wife works is a carer is she still going to pay for NHS surcharge? Please your advice will be highly appreciated. Thanks

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