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I am a dependant of an HSMP holder who is eligible to apply for ILR in October. Here are short details.

Married in 2004 in Indian
Husband Came to UK on student visa in 2007 and I came as dependant.
He got HSMP in 2008 and I remained as dependant until now.
Had our first child born in UK in March and child holds Indian passport.
Seperated in September 2012 as the father of our child has just been asscondong and not in touch with me or the baby even once in the last one year.
Being a dependant I have been working since 2008 and paying all taxes and have a good job but now looks like my options have closed as he will never help me in getting my PR as he has nothing to do with us.
Also, I have never been back to my country since the day I landed in UK.
Can anyone suggest what are my options. How can I apply for ILR independently?

Does the father have ILR?

No not yet, he will be applying for one next month I guess as the visas are expiring on 13 Nov 2013

You should endeavour to apply for the child's British citizenship after the husband has ILR, although I do accept that this might be difficult if the father is being obstructive or uncooperative. This will give you more options. You can't apply for ILR independently and right now your status is considered irregular if you are not in a relationship with the PBS migrant on whom your leave is derived. It would be better if you spoke to a legal professional to discuss the various options.

Thankyou so much for your reply.
I know it is a very difficult case. What is the point of him getting the ILR as he has just abandoned his child. I know that the child will be britishcitizen when he gets his ILR but What I am looking for is there should be something for for me. I have worked here for last 6 years and have a baby born here and never been to India. What is my fault if my husband decides to go for another woman. I mean I have equally paid taxes for the last 6 years continusly and now as well self dependent after the seperation and taking care of the child. I have no life in India atall. Going to a professional solicitor cost a fortune and I doubt if I can fulfill the fees for the same.
I appreciate you trying to suggest me but I just wanted to puit my point forward. I am hoping there should be a way out for the dependants as well when I have contributed equally to this country.

Rose23 wrote:I know that the child will be britishcitizen when he gets his ILR

Not automatically; it's a registration process that needs the consent of both parents, or maybe not (others who may know more on this can feel free to correct me!)

ok, Thankyou for letting me know.

ILR on compassionate grounds may be possible once you know your husband has got ILR, then you can apply for British citizenship for your son and discretionary or indefinite leave to remain for yourself

check this http://www.foreignersinuk.co.uk/legal_n ... _2258.html

Since you have an established life in UK, an immigration lawyer maybe better able to go through all the legal options, an initial consultation with one would definitely help