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Partner/parent of a British Citizen

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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COG
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Partner/parent of a British Citizen

Post by COG » Wed Apr 22, 2015 3:57 pm

Hi all,
I have been trying to look for a similar situation to mine all day and still can't find one so i'll just summarise my situation in the hope that someone can shed some light on what's best for me to do.

I came to the UK illegally in 2001 at the age of 12. I have remained here ever since and studied here. I met my partner (British Citizen) in 2008 while in Uni. We started living together immediately after I completed my degree in 2011. I put in an application in January 2012 for ILR based on private life (based on my Solicitor's advice) but not mentioning my partner at all; prior to uni i lived with my aunty and her children. Even though my solicitor was very certain that I had a very low probability of being refused, in July 2013 I received a letter of refusal with no appeal. Ending of last year my partner and I got married in the registry and I gave birth in February this year. I have also been reporting at Lunar House since last year September. I have no pending applications at the moment. We are now considering going in to see the solicitor again regarding putting in a new application, however, I would like to be in the know before we go and see him. What can I apply for to legalise my stay? Will I have a higher possibility of being granted if i waited for a bit longer before putting in an application? I am worried that now that I am no longer pregnant, I could be detained or worse still removed and taken away from my family.

I would greatly appreciate any advice on what to do right now as I am really confused and utterly depressed in anticipation of what could happen to me next. Thanks in advance.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Partner/parent of a British Citizen

Post by Obie » Wed Apr 22, 2015 5:07 pm

The advise you were previously given was very poor in did. It must have been clear in the lawyers mind, provided of course he is a competent lawyer, that you will not qualify for ILR under the long residence provision in January 2012, as you had not resided for a period of 14 years in the UK at that point.

You should put in an application, and with the presence of the child, it is likely to succeed.
Smooth seas do not make skilful sailors

COG
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Posts: 4
Joined: Wed Apr 22, 2015 3:04 pm

Re: Partner/parent of a British Citizen

Post by COG » Wed Apr 22, 2015 5:57 pm

Thanks for the quick response. I really appreciate it. would I be able to apply for indefinite leave straight away or would i need to apply for something else before being eligible for an indefinite leave? Thanks again :)

Obie
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Location: UK/Ireland
Ireland

Re: Partner/parent of a British Citizen

Post by Obie » Wed Apr 22, 2015 6:01 pm

I think you will not be able to apply for ILR . But leave to Remain
Smooth seas do not make skilful sailors

COG
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Re: Partner/parent of a British Citizen

Post by COG » Wed Apr 22, 2015 6:03 pm

Ok thank you very much.

Amber
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Re: Partner/parent of a British Citizen

Post by Amber » Thu Apr 23, 2015 2:39 am

If you are yet to reach 25 then:
276ADE (1) wrote:The requirements to be met by an applicant for leave to remain on the grounds of
private life in the UK are that at the date of application, the applicant:

(v) is aged 18 years or above and under 25 years and has spent at least half of his life
living continuously in the UK (discounting any period of imprisonment)
**this forum is not intended to be a substitute for professional advice**
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COG
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Re: Partner/parent of a British Citizen

Post by COG » Thu Apr 23, 2015 6:02 am

@Amber that was one of the reasons I was refused initially as I was 23 at the time and hadn't been here for 11 years instead of 12. Right now I can't apply via that route anymore because i will be 27 this year.

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