IlR for dependants

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Mon Aug 02, 2021 12:56 am

Hi Everyone, thanks in advance for help. I need some expert guidance.
I came to UK in 2010 with 2 children on a dependant visa.After a year I applied for HSMP and stayed on it until 5 years. After 5 yrs I applied for IlR but due to tax amendments I got into trouble and switched my and 2 of my children's visa on spouse visa.My husband and 2 other kids are British.
I have applied for IlR last year and it's more than a year but no response, got a letter from home office, the case is not straight forward and will take time.My solicitor had advised us not to apply ILR for children born outside UK as they can apply for nationality soon after when I get my ILR.

I feel worried, as we didn't apply for their visa at all.

So I just want someone to guide me what can I do for kids.
Will there be any trouble or can I apply for kids nationality or Ilr on the basis of dad's status.

Please help me with best answers.

Thankyou so much.

Post by **CR001** » Mon Aug 02, 2021 6:25 am

Children born abroad are expected to hold ilr. There is no entitlement for them to register as British.

They need ilr and can only apply for citizenship when you do.

Have the children's visas expired already?

How old are the children born abroad?

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Mon Aug 02, 2021 7:28 pm

Yes, their visa has expired last year and the oldest is 14 yes and the 2 nd oldest born in India is 12.

Can someone suggest if I wait for ILR and get them registered as British or get their ILR .
Will there be any problem for not applying their visas.

Plz guide.
Thankyou

Post by **CR001** » Mon Aug 02, 2021 7:56 pm

They need ilr first. As they are older, they are also subject to the good character requirement for citizenship.

You're should have included them with your ilr application as they are now overstayers since their visas are expired.

It is unfortunate that your solicitor has given you such incorrect advice regarding the children.

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Mon Aug 02, 2021 8:30 pm

Thankyou so much for your reply. Can we still apply for their ilr ?

Thanks.

Post by **CR001** » Mon Aug 02, 2021 8:32 pm

Are you sure you haven't missed an email or letter from UKVI asking about the children and what you plan on doing the their status before their visa expires?

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Mon Aug 02, 2021 8:34 pm

Everything has been dealt by our solicitor and he doesn't respond to us aswell.

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Mon Aug 02, 2021 8:36 pm

He said once I get my ilr , we can apply for their citizenship. I don't know what he was talking but relied on him.

Post by **CR001** » Mon Aug 02, 2021 8:37 pm

It is normal for UKVI to write to you to query about children. It has to do with safeguarding children and child protection.

I suggest you ask your solicitor.

Post by **CR001** » Mon Aug 02, 2021 8:38 pm

Ashrafunnisa_7980 wrote: ↑
Mon Aug 02, 2021 8:36 pm
He said once I get my ilr , we can apply for their citizenship. I don't know what he was talking but relied on him.

He is misleading you. Children born abroad are expected to hold ilr first.

They have no entitlement to register as British.

Always you do your own research. It is never good to put your immigration applications and trust completely in the hands of someone else. All they see you for is making money, nothing else.

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Mon Aug 02, 2021 8:45 pm

What do you suggest me to do now ?
What reasons can be given for not applying on time.
Can they still get their ilr?

Thanks.

Post by **zimba** » Tue Aug 03, 2021 12:31 pm

Ashrafunnisa_7980 wrote: ↑
Mon Aug 02, 2021 8:36 pm
He said once I get my ilr , we can apply for their citizenship. I don't know what he was talking but relied on him.

That advice ONLY applies to UK born children. This is yet another example of solicitors being totally inept and incompetent. If both parents are settled then children can get ILR now.

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Fri Aug 13, 2021 1:33 am

Hi There, so shall I wait for my Ilr and then apply for kids ilr?
Plz let me know , many thanks.

Post by **zimba** » Fri Aug 13, 2021 1:59 am

Ashrafunnisa_7980 wrote: ↑
Fri Aug 13, 2021 1:33 am
Hi There, so shall I wait for my Ilr and then apply for kids ilr?
Plz let me know , many thanks.

No. They should apply for ILR before their visa expiry and to avoid them being overstayers. Their application will be held until yours is decided. As usual, you were advised incorrectly by your solicitor. You all must have applied for ILR together

Post by **CR001** » Fri Aug 13, 2021 7:19 am

Zimba wrote: ↑
Fri Aug 13, 2021 1:59 am

Ashrafunnisa_7980 wrote: ↑
Fri Aug 13, 2021 1:33 am
Hi There, so shall I wait for my Ilr and then apply for kids ilr?
Plz let me know , many thanks.
No. They should apply for ILR before their visa expiry and to avoid them being overstayers. Their application will be held until yours is decided. As usual, you were advised incorrectly by your solicitor. You all must have applied for ILR together

Both children's visas expired last year already. They are already overstayers.

Post by **zimba** » Fri Aug 13, 2021 12:40 pm

CR001 wrote: ↑
Fri Aug 13, 2021 7:19 am

Zimba wrote: ↑
Fri Aug 13, 2021 1:59 am

Ashrafunnisa_7980 wrote: ↑
Fri Aug 13, 2021 1:33 am
Hi There, so shall I wait for my Ilr and then apply for kids ilr?
Plz let me know , many thanks.
No. They should apply for ILR before their visa expiry and to avoid them being overstayers. Their application will be held until yours is decided. As usual, you were advised incorrectly by your solicitor. You all must have applied for ILR together
Both children's visas expired last year already. They are already overstayers.

I do not get why many still pay these solicitors

Post by **CR001** » Fri Aug 13, 2021 12:42 pm

Zimba wrote: ↑
Fri Aug 13, 2021 12:40 pm

CR001 wrote: ↑
Fri Aug 13, 2021 7:19 am

Zimba wrote: ↑
Fri Aug 13, 2021 1:59 am

Ashrafunnisa_7980 wrote: ↑
Fri Aug 13, 2021 1:33 am
Hi There, so shall I wait for my Ilr and then apply for kids ilr?
Plz let me know , many thanks.
No. They should apply for ILR before their visa expiry and to avoid them being overstayers. Their application will be held until yours is decided. As usual, you were advised incorrectly by your solicitor. You all must have applied for ILR together
Both children's visas expired last year already. They are already overstayers.
I do not get why many still pay these solicitors

And what's really sad, is the children are of an age where the good character requirement applies to them when they get to that point of applying for citizenship.

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Sat Aug 14, 2021 6:32 pm

Thanks everyone for replying. This is so distressing for me now.
I don't know what to do!

Post by **zimba** » Mon Aug 16, 2021 2:12 am

Zimba wrote: ↑
Fri Aug 13, 2021 1:59 am

Ashrafunnisa_7980 wrote: ↑
Fri Aug 13, 2021 1:33 am
Hi There, so shall I wait for my Ilr and then apply for kids ilr?
Plz let me know , many thanks.
No. They should apply for ILR before their visa expiry and to avoid them being overstayers. Their application will be held until yours is decided. As usual, you were advised incorrectly by your solicitor. You all must have applied for ILR together

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Mon Aug 16, 2021 3:12 am

Thanks for your reply. Is 10 yrs long residency only for adults or kids too?

Post by **AmazonianX** » Mon Aug 16, 2021 6:18 am

Ashrafunnisa_7980 wrote: ↑
Mon Aug 16, 2021 3:12 am
Thanks for your reply. Is 10 yrs long residency only for adults or kids too?

It is for anyone who has qualified in their own rights.

Post by **zimba** » Mon Aug 16, 2021 3:48 pm

Ashrafunnisa_7980 wrote: ↑
Mon Aug 16, 2021 3:12 am
Thanks for your reply. Is 10 yrs long residency only for adults or kids too?

They do NOT qualify under long residence as they have been overstaying.

They need to apply under SET(M) or SET(F) where they can be granted ILR hopefully with discretion

Post by **CR001** » Mon Aug 16, 2021 4:15 pm

Zimba wrote: ↑
Mon Aug 16, 2021 3:48 pm
They do NOT qualify under long residence as they have been overstaying. They need to apply under SET(M) or SET(F) where they can be granted ILR hopefully with discretion

It would depend on when they arrived in the UK in 2010 and when their visas expired last year whether they have 10 years of lawful stay.

I came to UK in 2010 with 2 children on a dependant visa.

Post by **zimba** » Mon Aug 16, 2021 4:27 pm

You are indeed correct. If they have 10 years of lawful residence before visa expiry, they then qualify under long residence too

Ashrafunnisa_7980 · Post by **Ashrafunnisa_7980** » Thu Apr 07, 2022 7:36 pm

Hi there, I have posted here earlier regarding my visa on tier1 , but due to tax amendments my visa is still in process and they have asked us a lengthy questionnaire which my solicitor managed to do but had not heard from them since last 3 months.

My question is what other options do I have if they reject my ILR due to tax amount and secondly I would to ask about my 2 children who were due at the same time as me for ILR but the solicitors have asked us to wait for my ILR to apply for them.

Now they're already over staying and the solicitor is asking us to put them on extension of a dependent visa.
I'm so confused , please can some one guide us .We don't know who to trust or leave our matters to.

Thanks everyone.
If someone had a similar story please let us know.

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