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Parent of a British child

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

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

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lapidus
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Joined: Thu May 15, 2014 7:11 am
France

Parent of a British child

Post by lapidus » Sun Aug 20, 2023 4:16 pm

hi all
My friend needs help to Apply for ILR . Currently he's on spouse visa and have completed full 5 years in the UK he wanted to know if he can switch from spouse visa to Parent of a British child route . Right now he's about to apply for ILR . Any advise will very appreciated . Thank you

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Casa
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Re: Parent of a British child

Post by Casa » Sun Aug 20, 2023 4:53 pm

lapidus wrote:
Sun Aug 20, 2023 4:16 pm
hi all
My friend needs help to Apply for ILR . Currently he's on spouse visa and have completed full 5 years in the UK he wanted to know if he can switch from spouse visa to Parent of a British child route . Right now he's about to apply for ILR . Any advise will very appreciated . Thank you
Is his relationship with his wife subsisting?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

AmazonianX
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Re: Parent of a British child

Post by AmazonianX » Sun Aug 20, 2023 7:07 pm

lapidus wrote:
Sun Aug 20, 2023 4:16 pm
hi all
My friend needs help to Apply for ILR . Currently he's on spouse visa and have completed full 5 years in the UK he wanted to know if he can switch from spouse visa to Parent of a British child route . Right now he's about to apply for ILR . Any advise will very appreciated . Thank you
If he is on the 5year route, he can apply directly for SET M.

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Casa
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Re: Parent of a British child

Post by Casa » Sun Aug 20, 2023 8:25 pm

AmazonianX wrote:
Sun Aug 20, 2023 7:07 pm
lapidus wrote:
Sun Aug 20, 2023 4:16 pm
hi all
My friend needs help to Apply for ILR . Currently he's on spouse visa and have completed full 5 years in the UK he wanted to know if he can switch from spouse visa to Parent of a British child route . Right now he's about to apply for ILR . Any advise will very appreciated . Thank you
If he is on the 5year route, he can apply directly for SET M.
Further to the advice given by AmazonianX, will your friend's wife support his ILR by a SET(M) application ?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

lapidus
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Posts: 51
Joined: Thu May 15, 2014 7:11 am
France

Re: Parent of a British child

Post by lapidus » Sun Aug 20, 2023 10:24 pm

thank you for your responses. he is still with his wife but in a very difficult relationship and he thinks she will not support him with his application. yes, he is on 5 years route he just completed the 5 years and his brp will expire in 2 weeks' time.

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Casa
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Re: Parent of a British child

Post by Casa » Sun Aug 20, 2023 11:34 pm

lapidus wrote:
Sun Aug 20, 2023 10:24 pm
thank you for your responses. he is still with his wife but in a very difficult relationship and he thinks she will not support him with his application. yes, he is on 5 years route he just completed the 5 years and his brp will expire in 2 weeks' time.
Why hasn't he submitted an ILR application if he's completed 5 years on his spouse visa? In two weeks time he will be an overstayer, which will make it more difficult to apply under any visa category.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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zimba
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Re: Parent of a British child

Post by zimba » Sun Aug 20, 2023 11:39 pm

lapidus wrote:
Sun Aug 20, 2023 10:24 pm
thank you for your responses. he is still with his wife but in a very difficult relationship and he thinks she will not support him with his application. yes, he is on 5 years route he just completed the 5 years and his brp will expire in 2 weeks' time.
What kind of support is needed ? Is he working ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

lapidus
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Posts: 51
Joined: Thu May 15, 2014 7:11 am
France

Re: Parent of a British child

Post by lapidus » Mon Aug 21, 2023 7:04 pm

He's working yes but he's thinking divorcing his wife that is why he is trying to see if was possible to apply ILR as british child parent . i think it will be very difucult for him to apply as british child parent . Thank you for your advises

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CR001
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Re: Parent of a British child

Post by CR001 » Mon Aug 21, 2023 7:14 pm

he is trying to see if was possible to apply ILR as british child parent
The answer is no he cannot. He would have to apply for FLR(FP) Parent route and provide loads of evidence of his involvement in the day to day aspects of the child etc and will be on a new 5 or 10 year route to ILR.

ILR is based on the visa category you hold for the required period. Spouse visa and British child visa are different visas with different rules.
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lapidus
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Joined: Thu May 15, 2014 7:11 am
France

Re: Parent of a British child

Post by lapidus » Mon Aug 21, 2023 10:23 pm

Many thanks for your clarification

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