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ILR for son
Posted: Mon Sep 18, 2017 1:43 pm
by Des1978
I have had ILR since 1984, had my son in America, moved back to England in 2001 when he was 3 months old. Handed over passports on arrival to border agency. His passport was never stamped with ILR on arrival, I still have ILR. (I was 21 at the time, just got off the red eye with a 3 month old, travelling on my own, didn't even realise he should of had ILR) Trying to get this sorted now but BA are saying that yes it should have been stamped and it was an error at point of entry, he went on holiday when he was 6 and was refused ILR on entry, but they wont budge and are saying we have to apply and put fees. These fees are ridiculous and i cant afford these fees.
Any advice on how to solve this problem?
If we left the country and re entered would they give it to him then (hes 17)?
Re: ILR for son
Posted: Mon Sep 18, 2017 2:15 pm
by iworker
ilr is not given at the airport.
Not back in 2001, not few years ago, not now.
To put it under the rules, he has been living in the UK for 17 yeas illegally.
IMO
Re: ILR for son
Posted: Mon Sep 18, 2017 2:51 pm
by Des1978
Yet the border agency over the phone admitted that his passport should have been stamped on arrival in 2001. My daughter received hers on entry at the airport.
Re: ILR for son
Posted: Mon Sep 18, 2017 3:21 pm
by zimba
No one gets an ILR status on arrival and the fact you had ILR does not change this. His passport must have been stamped on entry but that would have not given him ILR status. Also what is the legal status of the father ? British ?
Re: ILR for son
Posted: Mon Sep 18, 2017 4:33 pm
by Des1978
The fathers status is not on birth cer, has had no involvement and is now deceased. Doesn't help I know.
Re: ILR for son
Posted: Mon Sep 18, 2017 4:42 pm
by zimba
Your son seems to be eligible to apply for Indefinite Leave To enter as child of a settled sole parent. You need to pay the fees for ILE. There is no way around it
Re: ILR for son
Posted: Mon Sep 18, 2017 5:05 pm
by Des1978
Thank you. That was my thought, I just kept going round in circles. Immigration did say he could apply for citizenship, but I thought he would need an ILR first? Or equivalent. Mind you he does have NI and NHS numbers
Re: ILR for son
Posted: Mon Sep 18, 2017 5:43 pm
by zimba
He cannot get citizenship directly as he was born outside the UK. He needs an ILR first. Having an NI or NHS number does not give anyone a legal status in the UK. Please apply as soon as possible as he is 17. I hope the ambiguous legal status (possibly long overstaying) does not cause an issues