SET(F) Question

[WilsoninUk]

Hi All,

I am a British Citizen by descent, with a child born outside the UK who current lives in the UK. No need to get into all the details, but at the moment I can't register them through 3(2) or 3(5). Through poor advice, they entered on a dependent visa of a skilled worker (his father), and no longer has a valid visa (father abandoned us here). My child should have entered with Indefinite Leave to Enter, not on a dependent visa. Can't fix that now, but trying to sort legal status until citizenship registration can be resolved.

I need help interpreting Immigration rules for Section 8, Paragraph 298. What I need to know is, does my child need to get a Private Life Visa (5 year route to ILR), or can they get ILR now because I am settled (a Citizen)? I have sole responsibility.

Thank you in advance for your help!

Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

1. 298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
1. (i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:
2. (a) both parents are present and settled in the United Kingdom; or
3. (b) one parent is present and settled in the United Kingdom and the other parent is dead; or
4. (c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child's upbringing or the child normally lives with this parent and not their other parent; or
5. (d) one parent or a relative is present and settled in the United Kingdom and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and
6. (ii) has or has had limited leave to enter or remain in the United Kingdom, and
1. (a) is under the age of 18; or
2. (b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
3. (c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
4. (d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
5. (e) was last given limited leave to remain under paragraph 298A; and
7. (iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and
8. (iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and
9. (v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds; and
10. (vi) does not fall for refusal under the general grounds for refusal, and
11. (vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.

[secret.simon]

Through poor advice, they entered on a dependent visa of a skilled worker (his father), and no longer has a valid visa (father abandoned us here). My child should have entered with Indefinite Leave to Enter, not on a dependent visa.

That is incorrect.

Children born abroad generally follow the same immigration pathway as the less-privileged parent. So, in this case, the child was correctly issued a dependent visa based on the less-privileged parent, in this case the father.

The child would have been eligible to get ILE if both parents were either British citizens by descent or on ILR/ILE themselves. In that case, the less-privileged parent would have been settled in the UK and so the child would have been granted ILE.

No need to get into all the details, but at the moment I can't register them through 3(2) or 3(5).

Also see this thread by the OP on this topic.

Prima facie, I would say the child should be eligible for ILR as the child's other parent is no longer in the picture, due to your proving sole responsibility.

has or has had limited leave to enter or remain in the United Kingdom,

Much turns on this provision, which seems to accept a past visa as sufficient. Not sure how the caseworker would interpret this provision though.

Wait for others to advise further.

[zimba]

I also think ILR should succeed assuming you can prove sole responsibility. I also agree with Simon that the child was correctly granted dependant leave in line with the father's less-privileged visa status