Immigrationboards.com

Hi,

I have applied for ILR dependent child for my daughter 16 years of age. im the primary applicant and her father lives in Dubai due to job reasons. He visits us and is caring for the child as well. He has bank card and shares bill with us in UK.

The UKVI has responded back.

That since the father doesn't have ILR or settlement, my daughter cant be granted ILR,
As either father needs to have ILR( he cant as he didnt stay longer in UK due to his job in Dubai)
Or i declare that Im the sole responsible parent of the child ( which is also incorrect as we are still married and both look after the children.

Please do advise as they have given 10 days time to add information to approve her application.
The kid lives and studies with me, and has all valid documents, BRP and school letters.

Thank you.

SB

What is your current immigration status and what visa category exactly does the child hold?

I have the ILR ( got it last month)
Kid is under tier 2( my previous visa ) dependent sponsorship.

Child will only qualify for ilr when the other parent does unless you can prove sole responsibility.

CR001 wrote: ↑

Thu Jul 13, 2023 5:40 pm

Child will only qualify for ilr when the other parent does unless you can prove sole responsibility.

how do i show that i have sole responsibility of the child ?
We are not officially divorced, but its me who has looked after the kid entire time while staying in uk.
My eldest kid is 18 and she got it without any issue, is it cos of the age ?

CR001 wrote: ↑

Thu Jul 13, 2023 5:53 pm

immigration-for-family-members/sole-res ... 13087.html

According to this link, im the sole parent as the other parent lives in dubai , so all support system, and financial sponsorship including the visa is done by me, but still being married can i prove it ?

Your circumstances do not suggest having sole responsibility as per the rules. How long have you lived here with the kids ? What is your full immigration history ?

zimba wrote: ↑

Thu Jul 13, 2023 7:02 pm

Your circumstances do not suggest having sole responsibility as per the rules. How long have you lived here with the kids ? What is your full immigration history ?

I lived here past 2018, kids with me after a month same year, husband lives in Dubai and has a job there, i been working here on T2 visa and sponsoring kids each year for the visa, me and my eldest kid (18) got the ILR. But the kid 16 they refused as told me her father doesn't have settlement. As he doesn't live with us so he doesn't qualify for the ILR settlement due to lack of number of days.
I dont have a single gap in employment or living here so does both the kids.
It got me worried that me and eldest girl got the ILR and younger one is hanging on, not sure how to go about it?Thanks for your advise. much appreciated.
SB

How did your eldest child get ILR ? What application form did you use ?

zimba wrote: ↑

Thu Jul 13, 2023 9:47 pm

How did your eldest child get ILR ? What application form did you use ?

She was above 18 so she applied independently and I was her sponsor.

58k95 wrote: ↑

Thu Jul 13, 2023 10:12 pm

zimba wrote: ↑

Thu Jul 13, 2023 9:47 pm

How did your eldest child get ILR ? What application form did you use ?

She was above 18 so she applied independently and I was her sponsor.

The difference is she is above 18 and qualifies independently hence no sponsorship from you unlike the younger child who is dependent.

Yes I figured that out’ not quite sure how to go forward with other kid now’ shall
I write a letter to them about me the sole responsible parent ?

There is no such path for a child above 18 to apply independently, except under the long residence or private life. Under private life, it requires the child to have lived half their life here! It does not make any sense to me how your daughter got ILR without the other parent being settled. The same rules apply to all your children and their age is irrelevant so if she can get ILR, the children below 18 should be able to get ILR too. That is why I asked what form was used.

You may fail to claim sole responsibility for the children as the rules stand. See: indefinite-leave-to-remain/ilr-for-fema ... l#p2119943

zimba wrote: ↑

Fri Jul 14, 2023 12:06 am

There is no such path for a child above 18 to apply independently, except under the long residence or private life. Under private life, it requires the child to have lived half their life here! It does not make any sense to me how your daughter got ILR without the other parent being settled. The same rules apply to all your children and their age is irrelevant so if she can get ILR, the children below 18 should be able to get ILR too. That is why I asked what form was used.

You may fail to claim sole responsibility for the children as the rules stand. See: indefinite-leave-to-remain/ilr-for-fema ... l#p2119943

There must me a solution for my kid to get the ILR’ if I prove that I’m looking after important decisions for her and also providing for her expenses as father lives away

Unless you prove sole responsibility, I do not see any other path. I'm starting to believe that your daughter may have also been granted ILR in error unless I'm totally missing something (I have seen UKVI making such errors a few times in the past)

zimba wrote: ↑

Fri Jul 14, 2023 12:33 pm

Unless you prove sole responsibility, I do not see any other path. I'm starting to believe that your daughter may have also been granted ILR in error unless I'm totally missing something (I have seen UKVI making such errors a few times in the past)

In that case i have to show sole responsibility as no other option.
I ll have to get a letter to prove this from my husband i guess.

I am not going to repeat this over and over but please note that your circumstances need to match the requirements under the rules for having sole responsibility NOT what you believe or claim. Having a letter from your husband is not going to prove that you have sole responsibility I am afraid. If it was easy everyone will be using it as a loophole to accelerate children's ILR. Even people with sole custody of their kids after the divorce may not qualify.

I shared the requirements under the rules with you above, so go and read them again. If your circumstances do not closely match those definitions, then UKVI most likely will not accept it