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Help! ILR for child, 15, currently in Caribbean

Posted: Mon Aug 30, 2010 8:19 pm
by LittleG
Apologies, a long and complicated story which I'll try and make short:

I'm British, married a woman from Barbados +10 years ago and got ILR for her without too much of a problem. She had four children (two girls two boys) in Barbados, who all continued to live with her previous partner at the time we met, married, and moved to UK.

We brought the two girls over several years ago and got them ILR (one after an appeal). We always thought the two boys were happy and settled over there with my wife's previous partner, but now discover the younger one (nearly 16) is having a tough time. He now wants to join his Mother here. This would have (I think) been fairly straightforward, not least because my wife is the only person named on his birth certificate.

However, two things have changed which I think will make ILR for him very difficult to achieve. We separated a couple of years ago, and I lost my job when I got injured at work. This means I am living on disability benefit, and my wife is also on benefits. Realistically this will not change in the short term, even if we got back together.

What can we do to improve the chances of success? Would greatly appreciate any advice anyone might have; thanks in advance

Posted: Mon Aug 30, 2010 9:35 pm
by vinny
He would need to satisfy 297, perhaps in particular, 297(i)(e) or 297(i)(f), etc.

See also sole responsibility.

Posted: Tue Aug 31, 2010 9:13 pm
by LittleG
vinny wrote:He would need to satisfy 297, perhaps in particular, 297(i)(e) or 297(i)(f), etc.

See also sole responsibility.
Thanks for that. I was aware of 297, and I think he qualifies there quite easily, but isn't there an overriding requirement that the parent must not be on benefits for ILR to be granted to the child?

Posted: Wed Sep 01, 2010 3:07 am
by vinny