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Tier 1 (E) ILR
Posted: Wed Jul 19, 2017 10:38 am
by Lala 786
Hi Immigtration Gurus,
One of my friend is due to apply for ILR after completing 5 years in Tier 1 (E) visa. He has a baby girl born in the UK whilst he was on Tier 1 (E) migrant visa. The Child is one and half year old now. His wife hasn't competed the 5 years as his dependent so she is extending her visa as PBS dependent of Tier 1(E) migrant. Although the child would be entitled to British nationality after the main applicant of Tier 1(E) migrant becomes settled here (having ILR) but the client does not wish to apply for British nationality as the child would not be able to become the national of his own country (China) and therefore they wish to apply for ILR for child as well.
So my question is whether the child born in the UK to a person who was on Tier 1 (E) visa and now applying for ILR be entitled to apply for ILR at the same time of the main applicant? if not then what would the child do I mean which visa she would be entitled to?
A prompt reply would be highly appreciated as the leave is expiring on 21 July 2017.
Thanking you in advance.
Re: Tier 1 (E) ILR
Posted: Wed Jul 19, 2017 11:55 am
by zimba
Under Immigration Rules Part 8, paragraph 319J, both parents need to be settled before you can apply for settlement for the child . They can wait (assuming the child will not leave the UK) until the mother is also settled and then they can apply for the child's ILR.
319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.
(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Re: Tier 1 (E) ILR
Posted: Wed Jul 19, 2017 2:20 pm
by Lala 786
Thank you very much zimba88 for your prompt reply. I really appreciate it.
Re: Tier 1 (E) ILR Criminal Offence
Posted: Thu Jul 20, 2017 2:35 pm
by Lala 786
Hi All,
got one more question in relation to the Tier 1 (E) ILR, my friend was convicted for speeding and was fined and disqualified for 12 months on 30/07/2013, would it be a problem or has he passed the rehabilitation period. Also he was given caution on a separate occasion back in August 2010. He is submitting application tomorrow.
SO PROMPT REPLY WOULD BE APPRECIATED.
Re: Tier 1 (E) ILR
Posted: Thu Jul 20, 2017 2:44 pm
by zimba
He should declare any cautions or court convictions, however as they happened more than 2 years ago they should not affect the ILR
Re: Tier 1 (E) ILR
Posted: Thu Jul 20, 2017 3:33 pm
by Lala 786
Thank you very much Zimba 88. You are a star. I really appreciate the prompt reply. Is there any rules where I can check this information regarding the convictions and how long person is ban from ILR?
Many thanks
Re: Tier 1 (E) ILR
Posted: Thu Jul 20, 2017 3:56 pm
by zimba