ILR Child checking possibility

[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.

[vinny]

What are the circumstances of his other parent?

[kartisar]

on LTR

[vinny]

Which category of LTR?

[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 .

[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.

[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

[vinny]

Yes. Children may apply for limited leave under Private life after they have been living in the UK for at least seven years.

[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!

[vinny]

See also Fee waiver policy: who qualifies and what does the Home Office guidance say?

[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

[vinny]

297 refers to an entry clearance. Look at 298(i)(d),

serious and compelling family or other considerations

[kartisar]

thanks

[vinny]

Serious and compelling family or other considerations which make exclusion of the child undesirable.