Mum of British Child

[appk2012]

Hi All,

My son is british and I have a limited leave to remain. I was wondering if I can apply for ILR or Citizenship based on the fact that my son is being looked after by only me. (sole carer). I have just finished an access course and got admission to University and have been denied funding because of my immigration status.

Any advise will be greatly appreciated

[Lucapooka]

Where is the father?

[appk2012]

Where is the father?

We separated and I have not been in contact with him. But he is in the UK. Kindly advise on what steps to take

[appk2012]

Hi All,

I posted a message here regarding my circumstances and got one response. I answered the question but I am yet to get any suggestions. pls Pls Pls. Help.

MY CHILD IS BRITISH AND I HAVE A LIMITED LEAVE TO REMAIN. WOULD THIS CIRCUMSTANCE ENABLE ME APPLY FOR ILR?

I WILL APPRECIATE ANSWERS.

MANY THANKS.

[asim72]

NO.

[asim72]

NO.

Sorry, you did mention limited leave to remain, and somehow I based my reply by wrongly assuming that you have DLR.

Can you please say what kind of limited leave you have?

[appk2012]

NO.

Sorry, you did mention limited leave to remain, and somehow I based my reply by wrongly assuming that you have DLR.

Can you please say what kind of limited leave you have?

I have a discretionary leave with a 3year limited leave to remain.

Thanks for your response.

[vinny]

Zambrano?

[asim72]

Zambrano?

already has DLR

[asim72]

NO.

Sorry, you did mention limited leave to remain, and somehow I based my reply by wrongly assuming that you have DLR.

Can you please say what kind of limited leave you have?

I have a discretionary leave with a 3year limited leave to remain.

Thanks for your response.

did you get dlr on the basis of marriage and an out of time application?
where is the father of child?

You need to tell the whole story, whole story that is from the beginning to end.

[appk2012]

I came into the UK in 2004 and had my daughter here in 2006 for my ex who later abandoned us. I got pregnant in 2008 for my sons father who is british. He initially was supporting us but later stopped and till this day I lost contact with him as he deliberately decided not to contact us. Changed his address and phone. I later heard through someone that he had relocated to Spain. He had already gotten a passport for his son after his 1st birthday.

It was after he disappeared that I sought for help with the social service and this culminated in my application to the home office which led to my getting a discretionary leave outside immigration rules, with a limited leave to remain for an initial 3 years. During this period, I was determined to look after my kids without support from any man hence my decision to go back to school. It was in my quest for higher education after getting an admission into Uni and refused student grant that I decided to join this board and ask if I could apply for ILR under any rule based on the fact that I am the sole carer for my son who is British. Hopefully, my dream of getting into Uni will only have to wait for another year as against the 5 year wait to apply based on my discretionary leave.

I hope this will help you guys in your response as to what my chances are.

[asim72]

You explained all your circumstances to UKBA and after taking all your circumstances into account, UKBA decided to grant you DLR for three years.
There seem to be no new grounds for ILR.
They have given you a route to settlement (ILR) by granting you DLR. After three years, you will get another three years DLR, and then you can apply for ILR.

You got a 6 years route to settlement under the past policy.

If someone were to apply today under similar circumstance, with new 9th july rules in place, they would most likely get 10 years route to settlement.

You will however carry on under 3+3=ILR route.

[appk2012]

Many thanks for your response. You are right as per my route towards ILR. But I wanted to also add that when I got my DLR, HO completely ignored the fact that my son is British even though his details was included in my application. As a matter of fact, in all my documentation from HO, you would think my son is non existent and HO has been aware that I have been looking after my son on my own. All HO documents only referred to me and my daughter. Hence my daughter also having a DLR with an inititial 3 yr limited period.

my question is. Since HO ignored my son in all correspondence will it be right to bring this matter up as further information that was overlooked initially?

I have been reading about the Zambrano judgement. Does my circumstance fall within the purview of that judgement?

Thanks in anticipation of responses.

[asim72]

How do you know they ignored your son when you did provide his details?
They do not need list what they have considered. They won't say "we have considered your son, considered your xyz. You told them what you wanted to tell them, and they granted you DLR. If they did not take your son into account, you may well have been refused.

What Zambrano gives you, you already have that. It does not say that if someone is not happy with the legal status already granted to them, they are entitled to ILR somehow.

You already have DLR. You can work with this status, start a business, go in and out of the country as and when you wish.

UKBA is under no obligation to grant you the status that you wish to be granted, when you were an overstayer in the first place.

I hope you get the message now, if not, you are more than welcome to waste your money and have a go at ILR application. Needless to say, that any such application won't have any merits, and will be swiftly refused.

[Elisha47]

Hello 2 questions:
1. How long you been with your DLR?
2. I've read that if you been living in the UK for a 3 year period before your degree starts they can grant you funding, why they deny you the funding for university, is clear that y?