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PBS Dependent Child ILR - Refused

Posted: Mon Oct 02, 2017 4:16 pm
by KMVT
Hi All,

I got ILR on Feb 2017, where my dependent children didn't apply with me, who had visa till Aug 11, 2011. Daughter (2.5yrs) born in UK, and Son (9yrs) born outside UK. Applied for MN1 registration for both of them on June 12th, last week got rejection letter for my son (applied under 3(1) ), he could not be registered as British.

In the mean time, since we didn't receive any result on MN1 registration till September 1st week with PEO Croydon, we decided to apply for ILR for my son before the grace period of 28days (Visa expired on Aug 11th). ILR got refused. Reason is, 319(J), 319(E).

My son is on my dependent Visa from July 12, 2012. I was on Tier 2 ICT. He entered as his Dad's dependent on Sep 2011 and we changed to my dependent on July 2012 (applied on Jan 2012). Till Aug 11,2017 (for 5+ years) he is my dependent. His Dad is on his own visa, and not continuously staying in UK (because of recent Tier 2 ICT rules changes and restrictions.)

Two reasons are:

1. My son didn't apply with me (I am his mom) and
2. We didn't apply within 14days of visa expiry (I didn't know grace period reduced from 28 to 14 days, prior to this).

Met a solicitor after ILR refusal, absolutely loss of too much money. He applied for Admin Review, and saying outcome may or may not be positive. Got into right mess now, and now don't know what could be the next steps. Please can anyone guide me.

Thanks,
KMVT.

Re: PBS Dependent Child ILR - Refused

Posted: Tue Oct 03, 2017 3:30 pm
by KMVT
Gurus, any advice please?

Re: PBS Dependent Child ILR - Refused

Posted: Tue Oct 03, 2017 3:52 pm
by iworker
faults on your part.
1 who told u apply for mn1 when he was not born here.
2. who told u to apply for ilr, when dad doesnt have ilr.

stupid solicitor.
Your only option is to apply for his flr m, and attach copy of dad visa that he is on his own visa.

Re: PBS Dependent Child ILR - Refused

Posted: Mon Oct 09, 2017 8:01 pm
by KMVT
Thank you. But his Visa expired on Aug 11th. if I make in country application with expired visa will it be successful?