ILR Revoke

paru.org · Post by **paru.org** » Tue Mar 20, 2018 4:06 am

Dear Moderators/gurus (casa, cr001..)
Need ur urgent help.
A friend of mine(aZ) has ILR on basis of SET LR. Now his colleague reported him to HO with proofs that he worked during his t1 enterpreneur visa as they had some arguments during working. they both were working together since last 5 yrs in same company, guy who reported(bK) was always british passport holder.
BK has posted letter to HO and sent az a copy too what he has written with RoyalM delivery proof.

if HO investigation comes out positive which surely willbe then wat are possibilities:

AZ has 1 son who is british 2 yrs old,

can his ILR be revoked?
wat abt his son.?BC can be cancelled for a child?
His partner is still under spouse route?wat abt her?

vinny · Post by **vinny** » Tue Mar 20, 2018 6:15 am

It's a possibility.

secret.simon · Post by **secret.simon** » Tue Mar 20, 2018 10:50 pm

Where was the child born? Did s/he acquire citizenship automatically, by birth after parent's ILR or was s/he registered as a British citizen?

As a general rule of thumb, a child's citizenship would not be impacted by the parent being stripped of ILR or citizenship.

If the wife is a dependent on the husband with ILR, then a change to the ILR will automatically have the same effect on the dependent (pro tip: the hint is in the word "dependent").

paru.org · Post by **paru.org** » Wed Mar 21, 2018 12:03 am

thx secret.simon

Where was the child born? >>>india
Did s/he acquire citizenship automatically, by birth after parent's ILR or was s/he registered as a British citizen?>>>> by birth as 1 parent was ilr when born >>

it means parents can still stay on FP route because of british child??

secret.simon wrote: ↑
Tue Mar 20, 2018 10:50 pm
Where was the child born? Did s/he acquire citizenship automatically, by birth after parent's ILR or was s/he registered as a British citizen?

As a general rule of thumb, a child's citizenship would not be impacted by the parent being stripped of ILR or citizenship.

If the wife is a dependent on the husband with ILR, then a change to the ILR will automatically have the same effect on the dependent (pro tip: the hint is in the word "dependent").

vinny · Post by **vinny** » Wed Mar 21, 2018 1:26 am

paru.org wrote: ↑
Wed Mar 21, 2018 12:03 am
Where was the child born? >>>india
Did s/he acquire citizenship automatically, by birth after parent's ILR or was s/he registered as a British citizen?>>>> by birth as 1 parent was ilr when born >>

If child was born in India when neither parents were British, nor in the crown service, then child is unlikely to be automatically British.

secret.simon · Post by **secret.simon** » Wed Mar 21, 2018 2:32 am

paru.org wrote: ↑
Wed Mar 21, 2018 12:03 am
Where was the child born? >>>india
Did s/he acquire citizenship automatically, by birth after parent's ILR or was s/he registered as a British citizen?>>>> by birth as 1 parent was ilr when born >>

As Vinny has already pointed out above, if a child is born to a parent with ILR abroad, the child is not automatically British. Instead, its immigration status is in line with that of the less privileged parent. So, in this case, if the mother is an ILR dependent or a PBS dependent, the child would have the same status.

Furthermore, children born abroad are generally not registered as British citizens unless both parents and the child have ILR and atleast one of the parents is a British citizen or has applied for naturalisation.

Therefore there is a reasonably good chance that the child is not a British citizen, but a dependent with the same status as the mother.

It is therefore entirely possible for the entire family to lose their immigration status if the father's ILR is revoked.

Moving this thread to the ILR forum as its central question is about the familial consequences of the loss of ILR.

paru.org · Post by **paru.org** » Wed Mar 21, 2018 6:15 am

thx secret.simon

Where was the child born? >>>sorry one child who has BC, born in uk when when 1 parent was on ILR
Did s/he acquire citizenship automatically, by birth after parent's ILR or was s/he registered as a British citizen?>>>> by birth as 1 parent was ilr when born >>

it means parents can still stay on FP route because of british child??

secret.simon wrote: ↑
Wed Mar 21, 2018 2:32 am

paru.org wrote: ↑
Wed Mar 21, 2018 12:03 am
Where was the child born? >>>india
Did s/he acquire citizenship automatically, by birth after parent's ILR or was s/he registered as a British citizen?>>>> by birth as 1 parent was ilr when born >>
As Vinny has already pointed out above, if a child is born to a parent with ILR abroad, the child is not automatically British. Instead, its immigration status is in line with that of the less privileged parent. So, in this case, if the mother is an ILR dependent or a PBS dependent, the child would have the same status.

Furthermore, children born abroad are generally not registered as British citizens unless both parents and the child have ILR and atleast one of the parents is a British citizen or has applied for naturalisation.

Therefore there is a reasonably good chance that the child is not a British citizen, but a dependent with the same status as the mother.

It is therefore entirely possible for the entire family to lose their immigration status if the father's ILR is revoked.

Moving this thread to the ILR forum as its central question is about the familial consequences of the loss of ILR.

vinny · Post by **vinny** » Wed Mar 21, 2018 6:20 am

paru.org wrote: ↑
Wed Mar 21, 2018 6:15 am
it means parents can still stay on FP route because of british child??

From the information you supplied, the child's British citizenship is questionable.

secret.simon · Post by **secret.simon** » Wed Mar 21, 2018 6:31 am

Quite apart from vinny's observation on the citizenship of the child, the question arises, FP route to what?

FLR(FP) generally leads to ILR. But in this case, the father already has ILR and may be deprived of it due to not following the required Rules and then possibly deception. If there has been deception, I doubt he would be able to apply for ILR again.

If the Home Office were to investigate and possibly strip the father of ILR, I would suggest that he should make plans to move back with his family to their country of origin. The child could move back to the UK when s/he is older, if s/he has indeed acquired British citizenship.

Shiz110 · Post by **Shiz110** » Wed Mar 21, 2018 1:27 pm

This is being blown too much out of proportion. We need to understand the factors of AZ's stay on a Tier 1 Basis.

He will be given a right to fair trial. If he has worked as a contractor utilizing his Tier 1 visa then that's considered conducting business. Ask your friend to collate evidence to counter argue his case.

Moreover, I would also ask AZ to send a legal notice of defamation to BK for fabricating evidences against him with a recorded delivery and keep a copy.

It is not as easy as it seems or else, A number of genuine immigrants would have been deported by now being a victim of hate crimes and fights.

Ask your friend to stay positive.

Wanderer · Post by **Wanderer** » Wed Mar 21, 2018 7:06 pm

Shiz110 wrote: ↑
Wed Mar 21, 2018 1:27 pm
This is being blown too much out of proportion. We need to understand the factors of AZ's stay on a Tier 1 Basis.

He will be given a right to fair trial. If he has worked as a contractor utilizing his Tier 1 visa then that's considered conducting business. Ask your friend to collate evidence to counter argue his case.

Moreover, I would also ask AZ to send a legal notice of defamation to BK for fabricating evidences against him with a recorded delivery and keep a copy.

It is not as easy as it seems or else, A number of genuine immigrants would have been deported by now being a victim of hate crimes and fights.

Ask your friend to stay positive.

Not true

Casa · Post by **Casa** » Wed Mar 21, 2018 7:27 pm

paru.org wrote: ↑
Tue Mar 20, 2018 4:06 am

reported him to HO with proofs that he worked during his t1 enterpreneur visa

if HO investigation comes out positive which surely willbe then wat are possibilities:

@Shiz110 I think you may be missing the point that the accusations appear to have been accepted as valid by AZ.

ouflak1 · Post by **ouflak1** » Thu Mar 22, 2018 5:55 pm

Shiz110 wrote: ↑
Wed Mar 21, 2018 1:27 pm

He will be given a right to fair trial.

There is no right to a fair trial. This is not a criminal matter. It is an immigration matter and the Home Office has wide discretion on how they handle this.

Shiz110 · Post by **Shiz110** » Mon Aug 13, 2018 2:56 pm

ouflak1 wrote: ↑
Thu Mar 22, 2018 5:55 pm

Shiz110 wrote: ↑
Wed Mar 21, 2018 1:27 pm

He will be given a right to fair trial.
There is no right to a fair trial. This is not a criminal matter. It is an immigration matter and the Home Office has wide discretion on how they handle this.

I have seen people challenging the HO decision in court and winning a case. On what basis are you stating that there is no right to fair trial?

I may be wrong and you may have more awareness so happy to get any factual information from you since there is someone's future on the line here and he is turning to this forum for advice.

physicskate · Post by **physicskate** » Mon Aug 13, 2018 5:38 pm

Shiz110 wrote: ↑
Mon Aug 13, 2018 2:56 pm

I have seen people challenging the HO decision in court and winning a case. On what basis are you stating that there is no right to fair trial?

I may be wrong and you may have more awareness so happy to get any factual information from you since there is someone's future on the line here and he is turning to this forum for advice.

Yes people win cases against the home office, typically about granting an application. There is no application being made here - that train has sailed. This is a submission of deception applied to fraudulently being granted status which would not have been granted without the fraudulent evidence. The onus is on the applicant to prove documentation is not false, not on the HO.

I agree that the HO has wide-ranging powers and we can only suggest the worst case scenario, not offer platitudes and what people want to hear.

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