Non straightforward Article 8 claim

Hello moderators and helpers, I have started this topic on behalf of my older brother.

He is currently undocumented in the U.K. but his ex wife and 5 children are all in the U.K. the wife currently has parent of British child visa as she has a new baby with a British man.
What are my brothers chances of getting ltr.
All his children have lived in England for 8years(therefore are qualifying children but they have leave in line with their mother, 2 born here and 3 abroad).
He takes the younger kids to school and appointments And takes part in all his children’s life but he’s not together with the mum.

What are his options please?

I was thinking flpfp parent visa but his ex wife doesn’t have ilr ..
Any help and advice will be appreciated.

Europeflower wrote: ↑

Tue Jul 14, 2020 1:14 am

What are his options please?

I was thinking flpfp parent visa but his ex wife doesn’t have ilr ..
Any help and advice will be appreciated.

As a start, if you haven't already, have a read of the guidance document linked below and see if he may be eligible under any of the categories, particularly where exceptional circumstances may apply concerning the best interests of a relevant child.

https://assets.publishing.service.gov.u ... gov-uk.pdf

Thanks for the reply.
Two of his children have special needs and attends a special need school for last 5 years. The main issue is that his ex wife who the kids live with doesn’t have ilr. I haven’t seen anyone that have successfully applied without that being met.
Any advice please?

Just because you haven't heard of it being done successfully doesn't mean the provisions for a grant of leave for such circumstances do not exist for one who can build a credible and compelling case, supported by evidence, that falls within the immigration rules. Your posts indicate you already understand the route your brother would need to apply for and that the application would be assessed in line with the guidance provided; so it comes down to presenting the exceptional circumstances that should be considered. If you're confident in the case you and your brother can put together, don't get too put off by the difficulties others may have faced to the point that it discourages your brother from finding a legal way to remain in the country.

geoeng wrote: ↑

Tue Jul 14, 2020 1:59 pm

Just because you haven't heard of it being done successfully doesn't mean the provisions for a grant of leave for such circumstances do not exist for one who can build a credible and compelling case, supported by evidence, that falls within the immigration rules. Your posts indicate you already understand the route your brother would need to apply for and that the application would be assessed in line with the guidance provided; so it comes down to presenting the exceptional circumstances that should be considered. If you're confident in the case you and your brother can put together, don't get too put off by the difficulties others may have faced to the point that it discourages your brother from finding a legal way to remain in the country.

Thank you geoeng,
I have a few more questions please
His ex wife leave to remain is based on her last British child and all her other children were granted leave in line. If my brother applies on basis of his children I hope it wouldn’t affect her?
Also on of his children will be 10 in a year and half therefore will be eligible to register as British, so should he wait till then ?
Or he uses the children 7 year residence?

If yes , then this are thefollowing supporting documents I can help him gather.
. Proof of all children 7 year residence
. Letter from special needs school highlight the children disability and educational need
. Letter from school and doctors comfirming that he brings them to appointments
. Letter from his ex wife regarding sharing parental responsibility
All children’s medical report and perhaps social worker letter too indicating the children needing their father in their lives etc

Kindly let me know if I’m on the right direction.
Thanks

Europeflower wrote: ↑

Tue Jul 14, 2020 5:42 pm

His ex wife leave to remain is based on her last British child and all her other children were granted leave in line. If my brother applies on basis of his children I hope it wouldn’t affect her?

Can't think of any reason why it would affect her as her immigration status isn't dependent on anything to do with your brother.

Europeflower wrote: ↑

Tue Jul 14, 2020 5:42 pm

Also on of his children will be 10 in a year and half therefore will be eligible to register as British, so should he wait till then ?

I can't really provide any advice on this. Your brother shouldn't be in the country without valid leave to remain so whether or not he should remain in the country illegally for longer would be a decision he would have to make with consideration to all of the potential consequences of that decision. Realistically he should leave the UK and make an application from outside the country for a visa he may be eligible for; I can only provide the guidance document that describes all the options that may be available.

Europeflower wrote: ↑

Tue Jul 14, 2020 5:42 pm

Kindly let me know if I’m on the right direction.

It sounds like it, yes. As to whether that is sufficient or what the probability of success would be, I have no idea, as I said I can only really direct you towards the immigration rules and available guidance, which you now have.