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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
Hi Vinny, May you please take me to the rule where it is wriiten. You said caseworker may not be familiar with the latter rules. Which rule you are referring to ?vinny wrote: ↑Sat Mar 23, 2019 3:05 pmZimba is correct that 319J prevents child from being granted ILR. However, it’s possible under different rules. Unfortunately, caseworkers appear to be unfamiliar with the latter rules.
So, it may be a risk.
Registration as a British citizen is a safer option, as it’s an entitlement.
Please click on the links vinny has provided, the blue underlined words are links to what he is referring to.vir179 wrote: ↑Sat Mar 23, 2019 9:33 pmHi Vinny, May you please take me to the rule where it is wriiten. You said caseworker may not be familiar with the latter rules. Which rule you are referring to ?vinny wrote: ↑Sat Mar 23, 2019 3:05 pmZimba is correct that 319J prevents child from being granted ILR. However, it’s possible under different rules. Unfortunately, caseworkers appear to be unfamiliar with the latter rules.
So, it may be a risk.
Registration as a British citizen is a safer option, as it’s an entitlement.
All rules say both parents should be settled in UK. Nowhere it is written that a UK born child can go for ILR when only one parent has ILR.CR001 wrote: ↑Sat Mar 23, 2019 9:34 pmPlease click on the links vinny has provided, the blue underlined words are links to what he is referring to.vir179 wrote: ↑Sat Mar 23, 2019 9:33 pmHi Vinny, May you please take me to the rule where it is wriiten. You said caseworker may not be familiar with the latter rules. Which rule you are referring to ?vinny wrote: ↑Sat Mar 23, 2019 3:05 pmZimba is correct that 319J prevents child from being granted ILR. However, it’s possible under different rules. Unfortunately, caseworkers appear to be unfamiliar with the latter rules.
So, it may be a risk.
Registration as a British citizen is a safer option, as it’s an entitlement.
... Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.
Hi Vinny, In this case, which form i should be using for my child's ILR?vinny wrote: ↑Sat Mar 23, 2019 11:11 pm306
... Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.
Hi Vinny, I am still noy clear as to what should i do? shall i take advice from solicitor?
But this may interpreted differently. Given that the rules generally explicitly differentiate between requirements for leave to enter/remain and ILR, it is reasonable to assume that paragraph 308 covers the ILR requirement and the statement in 306 does not apply to ILR but only to leave to enter/remain. Paragraph 308 says:vinny wrote: ↑Sat Mar 23, 2019 11:11 pm306
... Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.
and this is what 305 (i)(b) and (i)(c) say:308. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the United Kingdom in the circumstances set out in paragraph 304 may be given indefinite leave to enter where paragraph 305 (i)(b) or (i)(c) applies provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where an application is for leave to remain, such a child may be granted indefinite leave to remain where paragraph 305 (i)(b) or (i)(c) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met.
This also may explain why there is not a specific form for a child ILR under these provisions. Paragraph 308 basically allows you to apply for leave to remain and then they may offer you ILR when 305 (i)(b) or (i)(c) applies.(b) is accompanying or seeking to join or remain with a parent or parents one of whom is a British Citizen or has the right of abode in the United Kingdom; or
(c) is a child in respect of whom the parental rights and duties are vested solely in a local authority;
There is also no specific form for a child to apply for limited leave under these provisions.