T2 Dep Visa Extension

[UKRio]

On behalf of a friend (Update!!):

I'm on T2 PBS Dep Visa, lived in the UK for just over 6yrs now. Married but recently we are not on good terms it's been now a year and a half. My partner has settled 2 yrs ago and is now a British citizen since last year.

We both still live together with our child 3yrs old British citizen (after my partner settled) but everyone to his own life...

I'm planning on applying for the ILR without informing him (as we don't speak with each other, and I have a feeling the relationship may end with a divorce soon..).

There was a small case a year or so with the police, as I reported him for domestic violence, but was released the next day with no evidence, and I retracted the claim...

1- Do I still need him for my application as T2 PBS for ILR?
2- What route is best for me to get ILR?
3- I don't pay bills, council tax, or rent, although I'm a joint tenant and I'm working full time, with a decent salary. Will this be a problem for evidence.
4- Is there a chance my visa can be curtailed if my partner informs the HO? and how long it can take to become so.
5- I only have 6mths to sort out my situation, is there enough time?

Now my situation!!
7- My partner wants us all to move abroad and I haven't sorted my visa yet (my partner still refuses to support my online application!!) and which route should I take!! I don't want to move out of this country, can I can extend my current visa ASAP! or do I need to switch to a different visa!!

Awaiting your replies it is now very Urgent as my visa will expire in 15 DAYS!! and I'm still lost!!...
Please help!!!

Thank you all in advance.

[CR001]

You cannot apply for ilr as a PBS dependent without your spouse's support and details in the form,included his last tier 2 sponsor details.

You also have to provide evidence of 2 years cohabitation in both your names.

You cannot extend your current visa without your spouse's support either.

[UKRio]

Thanks for your quick reply CR001.
1) Is it possible for me to switch to a different visa?
2) My child is now 3yrs old and hold British citizenship, can I use the family route instead?

Thank you so much!!

[CR001]

FLR FP Parent route if you are no longer in a relationship with your spouse.

If your spouse leaves the UK and takes the child, you will have issues if you apply and have an FLR FP visa as the condition is that you and the child are in the UK.

[UKRio]

Thanks you so much, I will look into this option with a lawyer

[UKRio]

Hi everyone,

Please I need some advice, my situation got a bit complicated

I have reported my partner to the police for domestic abuse (non-physical) left the house with my 4yrs old child with social services and was later asked to leave the refuge as they found out I had the means and I don't qualify for support(full time employed and have a bit of saving). My partner was released by the police with NFA.

Since then I have applied for child maintenance, and I applied to the family court to get an emergency PSO to stop my partner from moving abroad with my child which I was granted.

I was advised by DV charities and social services to apply for ILR under the domestic violence route, as I stated above my previous visa was T2 PBS Dep and I'm still waiting!

As we don't leave together my partner applied to the court for a child arrangement and now the court is withholding my child passport until the next hearing.

So my questions are:
1- Is there any chance I will get ILR under Set(DV)?
2- Am I eligible to work, someone told me I need to check with HO but I'm just worried I will lose my job.
3- What are my chances with FLR(FP) application if ILR Set(DV) is not successful? my child is a dual citizen and only 4yrs old but I heard the child must be at least 7yrs old for me to qualify.
4- Do I need to have sole parental responsibility to qualify for FLR(FP)?
5- Neither I nor my ex-partner has relatives or family ties here in the UK, will this be an issue for FLR(FP)?
6- I could rebuild my life back home, but I really want to stay here, how can I make my case strong to the HO?

I will appreciate any help or feedback from you guys
Thank you so much

[zimba]

SET(DV) does not work for Tier 2 dependant visa holders. You must be under the family route. You have been advised incorrectly.

See: indefinite-leave-to-remain/urgent-help- ... l#p2004086

You came to this country as a dependant. If your relationship does not work, you are expected to leave normally unless there are exceptional circumstances like human rights issues. The parent route requires 7 years and it is quite complex.

[CR001]

SET(DV) does not work for Tier 2 dependant visa holders. You must be under the family route. You have been advised incorrectly
See: indefinite-leave-to-remain/urgent-help- ... l#p2004086

You came to this country as a dependant. If your relationship does not work, you are expected to leave normally unless there are exceptional circumstances. The parent route requires 7 years and it is quite complex. Is your husband has settled status ILR or is he now a British citizen ?

Child is British and ex partner is settled

[zimba]

I missed that above. I think FLR(FP) is the way then, based on private life ?

[UKRio]

Many thanks Zimba.
As CR1 states my ex has settled and my children naturalized BC.
So the application should be made using FLR(FP) private life route not Parent route? how long this is granted for (5or10yrs)?
When you said the parent route requires 7yrs, did you mean by that the age of the child?

Thanks

[CR001]

7 year rules applies to non British children so is not relevant to your circumstances as the child is British


You can apply based on parent route FLR FP

[UKRio]

Thanks CR001,
Would having no family ties here in the UK be an issue?
I've heard stories about HO refusing it and asking the applicant to return back home as the child is young and resilient so there is no insurmountable circumstances to not leave!!
How long FLR(FP) parent route is for? 5yrs or 10yrs?

[zimba]

Start here: https://assets.publishing.service.gov.u ... tances.pdf

[UKRio]

Hi Zimba,
thanks for your reply,
I found this in the link you mentioned:

"E-LTRPT.2.2. The child of the applicant must be-

(a) under the age of 18 years at the date of application, or where the child has turned 18 years of age since the applicant was first granted entry clearance or leave to remain as a parent under this Appendix, must not have formed an independent family unit or be leading an independent life;
(b) living in the UK; and
(c) a British Citizen, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
(d) has lived in the UK continuously for at least the 7 years immediately preceding the date of application and paragraph EX.1. applies."

With

"EX.1. This paragraph applies if
(a)
(i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
(ii) taking into account their best interests as a primary consideration, it would not be reasonable to expect the child to leave the UK;"

My child is not 7yrs old!!!! can my FLR(FP) be refused because of this? I know it says OR but there is an AND after that and I'm not sure!!!

As I said children have no family here in the UK apart from my ex partner!!
Also if it all goes well, will it be a 5yrs route or a 10 yrs route?

Can anyone please confirm?

Many thanks

[zimba]

(i)(cc) and (ii) should be read separately

[UKRio]

Zimba.

I'm now confused

How I understood it:
(i)(aa)+(i)(bb)+(i)(cc) AND (ii), is that correct?
is (ii) condition is as important as the previous (i)(xx)?

Or as CR001 stated if the child is British age and families ties to the UK doesn't matter?

Sorry for being thick, these rules are so confusing! if can anyone can reply to each of my question I would really appreciate it:
1- Is there any chance I will get ILR under Set(DV)? (I guess No)
2- Am I eligible to work, someone told me I need to check with HO but I'm just worried I will lose my job.
3- What are my chances with FLR(FP) application if ILR Set(DV) is not successful? my child is a dual citizen and only 4yrs old but I heard the child must be at least 7yrs old for me to qualify.
4- Do I need to have sole parental responsibility to qualify for FLR(FP)?
5- Neither I nor my ex-partner has relatives or family ties here in the UK, will this be an issue for FLR(FP)?
6- I could rebuild my life back home, but I really want to stay here, how can I make my case strong to the HO?

Thank you

[zimba]

Many of your questions are clearly answered above. SET(DV) does NOT work for you. Did you even bother to read what I posted above ??? You must apply under FLR(FP). Your work rights remain intact as per section 3C.

[UKRio]

Hi Zimba
Thanks for taking the time to reply to me.
I did carefully read all the comments. So thanks again for clarifying that my to work is intact while applying of FLR(FP) (which is what I just applied for).

if you can comment on this, I would appreciate your assistance.
- Neither I nor my child has relatives or family ties here in the UK apart from the ex-partner, will this be an issue for FLR(FP)?

Thank you again

[zimba]

No