Settlement Form VAF4A Q6.3

[denny]

My son is currently here in the UK on a family visitor visa, and whilst he was here we took the risk (perhaps naively/foolishly) of applying for ILR status from with in the UK for him. This application was refused on the grounds that he hasn't been in the UK long enough to establish a way of life here.

Anyway to cut a long story short, we are now attempting to apply for settlement for him via the correct protocols (the british embassy in his own country)

The only question I am unsure of is the following:

6.3 Have you ever been refused a visa for any country including the UK?
- Is being refused ILR status classed as being refused a visa?

There is also this question:

6.7 Have you made an application to the Home Office to remain in the UK in the last 10 years?

So... 6.7 seems to be the place I should fill in about the ILR refusal, but wasn't sure if i should also mention it in 6.3 as well...

Eek! Sorry if its a stupid question, I'm not an expert, just don't want to get it wrong

Thanks in advance.

[batleykhan]

My son is currently here in the UK on a family visitor visa, and whilst he was here we took the risk (perhaps naively/foolishly) of applying for ILR status from with in the UK for him. This application was refused on the grounds that he hasn't been in the UK long enough to establish a way of life here.

You can not apply for ILR on visitors visa. Are you sure you didnt apply for a settlement visa for your son from within the UK, and it was that, that was refused and not ILR.

If that is the case, then you are deemed to be refused a visa ( settlement from within UK) therefore you have to declare it as a refusal

Anyway to cut a long story short, we are now attempting to apply for settlement for him via the correct protocols (the british embassy in his own country)

You should have done in the first place. You might find that you have spoilt your chances if you do it now legally and via the correct procedure, all because of what you did previously

Also see
http://www.immigrationboards.com/viewtopic.php?t=45292

[denny]

Thanks for the reply...

Nope, we definitely mistakenly applied for an ILR for him from within the UK whilst he was here on a visitors visa. The reason he was refused, was obviously because he doesn't meet the ILR criteria. A school boy error on our part. I'm aware of the various consequences that this error could cause, but I'll go back to the original question, do you think being denied ILR status is also considered as 'been refused a visa'? (6.3)

I would presume that ILR is different to a visa, but I do want to avoid any more mistakes made by presumption if possible!

Thanking you again in advance.