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Family visa cancellation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Songra
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Family visa cancellation

Post by Songra » Tue Nov 24, 2020 2:28 am

A mother wants to know whether she can cancel her daughter’s visa. Her daughter has got indefinite leave to enter visa and she’s been living in the uk for 3 years now. She’s over 18. Her mum wants to know if her daughter is still dependent on her even if she’s over 18 now because she’s the one who sponsored her. And if she can cancel her visa anytime. Is that possible or not ?

secret.simon
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Re: Family visa cancellation

Post by secret.simon » Tue Nov 24, 2020 11:14 am

After ILR, the person is no longer considered a dependant for immigration purposes.

ILR can be revoked if it can be proven that there was deception used in the original applications and it can lapse due to an absence from the UK of more than two years, but there is no procedure to revoke it because their former sponsor is upset at them.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Songra
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Re: Family visa cancellation

Post by Songra » Tue Nov 24, 2020 5:30 pm

What if that person is welling to get married to an illegal immigrant and supporting him. Is this not counted as a deception?

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CULLINAN
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Re: Family visa cancellation

Post by CULLINAN » Tue Nov 24, 2020 5:30 pm

Songra wrote:
Tue Nov 24, 2020 5:30 pm
What if that person is welling to get married to an illegal immigrant and supporting him. Is this not counted as a deception?
No. It has nothing to do with the status of the ILR holder.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

secret.simon
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Re: Family visa cancellation

Post by secret.simon » Tue Nov 24, 2020 9:15 pm

Songra wrote:
Tue Nov 24, 2020 5:30 pm
What if that person is welling to get married to an illegal immigrant and supporting him. Is this not counted as a deception?
Was there any deception in any of the applications made for the child to get ILE or any of the preceding applications? That would cause the Home Office to consider revoking ILE/ILR.

Getting married to an illegal migrant is not in itself illegal. Difficult to do so legally, but not forbidden in itself.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CULLINAN
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Re: Family visa cancellation

Post by CULLINAN » Tue Nov 24, 2020 9:39 pm

Also, I would like to add something:

If the illegal migrant thinks that he/she can get a visa to stay in UK after the marriage, it is a misconception.

Firstly, the illegal migrant (depending if he/she is an overstayer or absconding/not even in HO records) would need his home country’s passport for the registrar office. If absconding would be more difficult. Registrar office will write to HO to get their consent before anything can proceed anyways.

Lets say, somehow the marriage happens after the above stated obstacles, then the couple would have to prove to HO that there are insurmountable obstacles that the couple can not go back and live in the home country of the ILR holder or if there are any kids involved they would have to meet one of the exceptions stated in the guidance. HO has very clear guidance to which classifies as insurmountable obstacles.

So as @secret.simon said, the marriage itself is not forbidden, but is a difficult task in this case but not entirely impossible though.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Zerubbabel
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Re: Family visa cancellation

Post by Zerubbabel » Wed Nov 25, 2020 8:27 am

I think everything has been said here.

You need to be careful before sponsoring family members. Some are nice with you until they set the foot in the UK, then they show their true colours. I understand the upset and the disappointments, but the sponsor who played a role in the immigration process doesn't hold the right to revoke residence and deport the person.

That girl is probably young and messing with the wrong crowd. The marriage to that illegal is not illegal on itself but it goes nowhere as even if they get married, the illegal will stay in the same status. Marriage is a not a silver bullet in the UK as in other countries.

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