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ILR Child checking possibility

Posted: Mon Apr 05, 2021 1:08 pm
by kartisar
Hi,

i applied for long residency i have 4 dependants on LTR.

one of my child has been identify difficulties or issues by the council team and issue us detailed report.

this is my duty to convey message to HO while i am making his stay which best of his interest (and i believe this is best of his interest).

they all are here in UK for last 6 years now.

i decided to apply for his ILR because when i ask him to give figure print to renew his passport, the whole day he was on the bed this sad him, he might think he will be going back but overall he is doing fine.

Question

by checking what visa he need they advice me to apply ILR instead of LTR for him only because of identified by council and report also related to back home concerns, rest of dependants will apply LTR.

i check here is possibility to apply for him ILR though out of immigration rule.

Re: ILR Child checking possibility

Posted: Mon Apr 05, 2021 2:51 pm
by vinny
What are the circumstances of his other parent?

Re: ILR Child checking possibility

Posted: Mon Apr 05, 2021 3:03 pm
by kartisar
on LTR

Re: ILR Child checking possibility

Posted: Mon Apr 05, 2021 3:27 pm
by vinny
Which category of LTR?

Re: ILR Child checking possibility

Posted: Tue Apr 06, 2021 12:05 am
by kartisar
thanks for looking vinny

they are my dependants on tier 2

i was on student visa (PHD) later got job and was on tier 2 visa (2 years). in December 2020 i submitted ilr lr application .

Re: ILR Child checking possibility

Posted: Tue Apr 06, 2021 12:59 am
by vinny
It may be unlikely that they would grant a child ILR without both parents having ILR when parents are together. I think they should all switch with your partner before their leave expires.

Re: ILR Child checking possibility

Posted: Tue Apr 06, 2021 12:04 pm
by kartisar
Thanks vinny

i have seen this, as there is limited option if main applicant went on long residency

what you advice on this if i file ilr for him through LOTR and write them good representation letter and report. (there is appeal write if we cover HR in application and there is 50/50 chance if we dont succeed then he can apply by his own when he is here for 7 years) what you think?

https://assets.publishing.service.gov.u ... 1.0ext.pdf

Re: ILR Child checking possibility

Posted: Tue Apr 06, 2021 2:10 pm
by vinny
Yes. Children may apply for limited leave under Private life after they have been living in the UK for at least seven years.

Re: ILR Child checking possibility

Posted: Wed Apr 07, 2021 12:25 am
by kartisar
Thanks vin.

Got it. just another if you please help. i am saving money since past 1 year which i believe i need about 16k including my application.

if i able reach to this level (12k) that will be good. if not can i apply for fee waiver i believe they give for FLR(FP) applications . i dont mind for 5 or 10 years route as they are already in UK for 6 years now.

if i apply for fee waiver i have two questions.

Question 1: how long it would take.

Question 2: if i apply fee waiver 1 week before their visa expires does they still cover under 3C whist application decided and apply within 10 days after decision.

Much appreciated!

Re: ILR Child checking possibility

Posted: Wed Apr 07, 2021 1:12 am
by vinny

Re: ILR Child checking possibility

Posted: Wed Apr 07, 2021 10:50 am
by kartisar
Thanks vin.

there are some changes in law which is i believe suits the child case for ilr

please check below link and check 297 -> (f) other (ii) to (vii) not an issue.


share your thought.


https://www.gov.uk/guidance/immigration ... ly-members

Re: ILR Child checking possibility

Posted: Wed Apr 07, 2021 11:32 am
by vinny
297 refers to an entry clearance. Look at 298(i)(d),

Re: ILR Child checking possibility

Posted: Wed Apr 07, 2021 11:41 am
by kartisar
thanks

Re: ILR Child checking possibility

Posted: Wed Apr 07, 2021 11:57 am
by vinny