FLR(O), DL and IDLR

[tier2013]

I applied for FLR (O) in Feb 2012. The UKBA refused my application in March 2013. I appealed and the First Tier tribunal judge allowed the appeal. The UKBA then challenged the judge's decison; this was reviewed by another judge of the First Tier Tribunal (as far as I can understand the process), who subsequently rejected the UKBA's challenge.
Now, assuming that the UKBA do not take this to the Upper Tirbunal, if I'm granted DL (2.5 years), I have a few questions regarding IDLR:

1. Will my child be eligible to apply for citizenship (?right of abode) when he turns seven years of age in May 2014? Is this a straightforward application? (He was not born in UK; he entered the UK at 4 months of age)

2. Will I be able to apply for settlement under the 10 year rule in October 2014?

3. I have had to claim WTC since May 2012 due to difficult financial circs (caused by the UKBA's slow application processing times!). How will this affect my application for settlement next year?

I hope I can get some answers to these questions.

Thank you!
M

[Amber]

1. What is the child's current immigration status? 7 years in the UK aged <18 is grounds for FLR(O), did you not apply for the child's leave with yours? Once you are granted ILR the child should be able to settle.

2. Yes if you have had valid and continuous stay in the UK with periods as an Overstayer limited to <28 days.

3. Your family life leave should be granted with access to public funds, if it is not, then write to the UKBA and ask them to allow access to public funds in the interest of the child's welfare.

[tier2013]

Thank you for your reply!

1. What is the child's current immigration status? 7 years in the UK aged <18 is grounds for FLR(O), did you not apply for the child's leave with yours? Once you are granted ILR the child should be able to settle.

The child is my dependent. I was previously on a Tier 2, and a work permit before that, but hadn't completed the 5 year requirement when I had applied for FLR(O) in feb 2012.
I have been told that the child will be eligible for citizenship in the UK when he turns 7. Is this an application I could make myself or would it involve an element of legal arbitration?


2. Yes if you have had valid and continuous stay in the UK with periods as an Overstayer limited to <28 days.

3. Your family life leave should be granted with access to public funds, if it is not, then write to the UKBA and ask them to allow access to public funds in the interest of the child's welfare.

Assuming my family life leave to remain is granted in Jan 2014, do you know whether the fact that I've been receiving TC since May 2012 would be grounds for the UKBA to refuse my settlement application in October 2014?Just to be clear, I first entered the UK in October 2004 and have been legally residing here since that date.

[Amber]

A child who spends the first 10 years of their life in the UK is entitled to register as British but they must have been born in the UK.

Do you have a partner what is her/her status? Technically you shouldn't have been claiming benefits but your FLR(O) should allow you to and if it does then, it shouldn't be an issue.

[tier2013]

A child who spends the first 10 years of their life in the UK is entitled to register as British but they must have been born in the UK.

Do you have a partner what is her/her status?

My wife is my dependent. I've been the principal applicant since 04.



Technically you shouldn't have been claiming benefits but your FLR(O) should allow you to and if it does then, it shouldn't be an issue.

I have read elsewhere that one way out would be to pay back the amount I have claimed, so far. Can you shed some light on the veracity of this information?
Pardon my ignorance, but are tax credits classified as "public funds"? Similarly with NI contributions based JSA?

[Amber]

C-JSA is not a public fund but tax credits is. I'd wait to see if you have access to public funds, if not then consider paying it back and cancelling the claim.

[Global_Citizen]

Please can anyone advice or suggest based on recent timeline, the duration of appeal process.
For instance, how many days/months will it take from the day you submit an appeal to FTIAC to the day you receive notification of hearing date?

Thanks