Another quick route to ILR

tvt · Post by **tvt** » Sat Feb 25, 2006 12:20 am

It was recently published that some immigrants are cunningly using the civil partnership route to gain UK residence and thereafter ILR status.

http://www.workpermit.com/news/2006_02_ ... unions.htm

Another (and more legitimate) route is available for immigrants who have children. This route is quicker and leads to ILR after one year :

The route is based on the operation of paras. 246 + 248D of the Immigration Rules.

You need to send your spouse / partner to the UK together with your child under any immigration category that leads to a period of at least one year stay (student for example).

tvt · Post by **tvt** » Sat Feb 25, 2006 9:30 am

It should be noted that entry to this route should not be made in the UK nor should any FLR be sought under this category as para. 248A (vii) requires the other partner to be settled in the UK. Entry through para. 246 does not include the 'settled ' requirement.

Therefore the immigrant should move straight to ILR after he completes 12 months in this category after Leave to Enter (based on Entry Clearance) was granted.

It should also be noted that someone needs to apply on your behalf to court to certify your access rights. This should be very easy if your spouse / partner does not object your petition.

rogerroger · Post by **rogerroger** » Sat Feb 25, 2006 10:58 am

i guess with the civil partnership one would have to prove that you are partners. you cant be e.g. living in b'ham and your supposed partner is living in london.

i did not understand the second process. you mean t osay person x and his kid lil xx come to the uk on a student visa and then person y(wife/aprrtner) joins them and then after a year person y can apply for ilr?

tvt · Post by **tvt** » Sat Feb 25, 2006 11:26 am

Yes but carefully.

tvt · Post by **tvt** » Sat Feb 25, 2006 11:40 am

It may be that the word 'exclusively' in paras 246 (vi) + 248D (iv) be interpreted as requiring the applicant to occupy a separate accomodation (unless he is the only owner of the accomodation) during the first 12 months of his stay. However this is not clear.

tvt · Post by **tvt** » Sat Feb 25, 2006 11:50 am

Just a link to the relevant rules-

http://www.ind.homeoffice.gov.uk/ind/en ... art_7.html?

olisun · Post by **olisun** » Sun Feb 26, 2006 9:05 am

if it was as simple as mentioned by the OP, then you would see a lot of people entering the UK as students and getting ILR for their partners and in turn for themselves

tvt · Post by **tvt** » Sun Feb 26, 2006 12:32 pm

olisun wrote:if it was as simple as mentioned by the OP, then you would see a lot of people entering the UK as students and getting ILR for their partners and in turn for themselves

I am not sure how many people are aware of this immigration category and its quick ILR entitlement.

olisun · Post by **olisun** » Sun Feb 26, 2006 3:23 pm

are you 100% sure there actually exists such a rule where dependants can avail ILR after 12 months stay in the UK?

I am confused, Topic says

"PERSONS EXERCISING RIGHTS OF ACCESS TO A CHILD RESIDENT IN THE UNITED KINGDOM"

"Requirements for leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom"

AFAI undestand this has nothing to do with getting student visa and getting ILR for dependants after 12 months... this is for getting access to a Child who is resident in the UK...

for e.g. If a child (below 18yrs) is resident in the UK as a student or is a citizen of the UK, the parent (who is non-resident in the UK) can excercise his / her rights of access to the child...

correct me if I am wrong

tvt · Post by **tvt** » Sun Feb 26, 2006 5:54 pm

olisun wrote:are you 100% sure there actually exists such a rule where dependants can avail ILR after 12 months stay in the UK?

I am confused, Topic says

.....

correct me if I am wrong

The process was well described by RogerRoger. Let me repeat it:

1) X & Y are both parents to Z (Z is minor) who are all non-UK resident.

2) X moves to the UK with Z ;both X & Z now become UK residents. (for example X becomes a student in the UK and Z is her dependent). Y remains out of the UK for a while.

3) Y applies for Child Access Rights Entry Clearance (under para 246 to the Immigration Rules) and enters the UK with a 12 months Leave To Enter. During this period he can freely work without any restrictions (code 1 LTE).

4) Y becomes eligible for ILR after 12 months elapse (under para 248D to the Immigration Rules).

The next step is that Y who is now a person present and settled in the UK can sponsor X & Z.

olisun · Post by **olisun** » Sun Feb 26, 2006 6:27 pm

Well It's not as straightforward and easy as you have put it...

http://www.newzimbabwe.com/pages/immigr ... 13538.html

I had my doubts about what "Access" mean...

"Access to Child" comes into picture when the parents are seperated / divorced / not living together etc...

Extract from the above link

"* she has limited leave to remain in the United Kingdom as the spouse, civil partner, unmarried partner or same-sex partner of a person present and settled in the United Kingdom who is the other parent of the child.

These are self-explanatory. Note however, that the last of these requirements requires the other parent to have indefinite leave to remain in the UK. Khami’s husband holds an HSMP and its not clear from the facts whether this has as yet been converted to ILR to bring him within the contemplation of this provision. There is no such requirement at entry.

Note also that to qualify for leave to remain under this provision, the applicant in the UK must have existing leave to enter or remain as a spouse or unmarried partner."

hence

1) X & Y are both parents to Z (Z is minor) who are all non-UK resident. <== ok

2) X moves to the UK with Z ;both X & Z now become UK residents. (for example X becomes a student in the UK and Z is her dependent). Y remains out of the UK for a while. <== Y should already have a valid visa either in his own right or as a dependant of X

3) Y applies for Child Access Rights Entry Clearance (under para 246 to the Immigration Rules) and enters the UK with a 12 months Leave To Enter. During this period he can freely work without any restrictions (code 1 LTE). <== as mentioned earlier Y should have a dependant visa to X

4) Y becomes eligible for ILR after 12 months elapse (under para 248D to the Immigration Rules).

The next step is that Y who is now a person present and settled in the UK can sponsor X & Z. <== nope, X should be a holder of ILR

tvt · Post by **tvt** » Sun Feb 26, 2006 6:31 pm

olisun wrote:Well It's not as straightforward and easy as you have put it...

http://www.newzimbabwe.com/pages/immigr ... 13538.html

Note also that to qualify for leave to remain under this provision, the applicant in the UK must have existing leave to enter or remain as a spouse or unmarried partner."

Pleae read my second posting. The 'settled' requirement for the other partner to fulfill is only necessary for Leave to remain applications (para 248A IR) not for Leave to Enter applications (para 246 IR) nor for ILR applications (para 248D IR). Thus if Y applies for an Entry Clearance outside the UK X need not have an ILR.

olisun · Post by **olisun** » Sun Feb 26, 2006 6:36 pm

from your first post

"You need to send your spouse / partner to the UK together with your child under any immigration category that leads to a period of at least one year stay (student for example)." <== not true

go thru the link I posted over here

tvt · Post by **tvt** » Sun Feb 26, 2006 6:38 pm

This is absolutely true as long as Y applies from outside the UK and then X needn't have an ILR. The scenario you referred to (NewsZimbabwe) is when Y applies from within the UK and then X needs to have an ILR.

olisun · Post by **olisun** » Sun Feb 26, 2006 6:40 pm

did you go thru the link I posted?

tvt · Post by **tvt** » Sun Feb 26, 2006 6:41 pm

Yes I did.

Kayalami · Post by **Kayalami** » Mon Feb 27, 2006 11:17 pm

my 0.02p,

My interpretation of the rules coupled with a review of the IDI's, Annexes giving the ECJ ruling on this (Abdulla) and sittings in the appellate courts is that 'resident' herein stands for 'settled' within the meaning of the 1971 Act = ILR or BC (other ROA). I can see the closing arguement for the Home Office that parliament/ ECJ did not wish to fetter the SSHD unecessarily given the subject of Article 8 vis a vis effective UK immigration controls. That this rule has not been 'targeted' by 'many (read thousands)' of applicants IMHO only confirms the settlement factor. TVT it would be interesting to hear your case re 'residence' being any form of LTR.

tvt · Post by **tvt** » Mon Feb 27, 2006 11:31 pm

IMHV there is a big difference between 'resident' and 'settled' . The first being the requirement for LTE (para 246 IR) the latter for LTR (para 248A). 'resident' merely means a person who is currently living in the UK for more than just a short visit. It does not even mean habitual residence so residence can be very short indeed. A student who comes to the UK for a period of one year is undoubtedly resident in the UK. So if that very student has a minor child. They can serve as an immigration "anchor" for the non-resident co-parent under para 246 IR. I cannot see how the Home Office is able to defend a judicial review when an applicant satisfies all the requirements of para 246 IR and yet is refused by the HO on the basis that resident equals ''settled'.

tvt · Post by **tvt** » Tue Feb 28, 2006 12:03 am

Sorry, there will be no need for a judicial review as a direct appeal is possible against any such refusing decision on para 246.

Twin · Post by **Twin** » Fri Jan 18, 2008 10:51 pm

interesting...

vinay shanthi · Post by **vinay shanthi** » Mon Mar 31, 2008 11:45 pm

can this method be actually used by hsmps / wp holders resident in uk for their nonresident spouses. for example if the non resident spouses are in their home country studying and have a child. later child comes to uk to be with resident parent, then later non resident spouse / other parent after finishing education etc abroad can they actually use this method to come to uk on child access visa rather than dependent visa and then get ILR after 1y. interesting option if it works for some uk residents. unfortunately not useful to me.

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Another quick route to ILR

Another quick route to ILR