ILR - dependent child, other parent lives in another country

elena_1108 · Post by **elena_1108** » Wed Oct 16, 2013 10:15 am

Hi,
I'm applying for ILR this month and just been told that my dependent child may have big issues with getting ILR because her father lives in another country.
He and I separated 4 years ago (never been married though), he has another family now and I have another partner. My daughter has been living in the UK for the last 5 years and attends a school here. Her father is involved by taking her on vacations, or visiting once in a couple of years. I have a job here and a joined mortgage.
Apparently, if her visa application is rejected, we will have to come back to russia which will mean that I will loose my job, she will have to drop the school before the important exams etc.

If anyone could advice on what document we need to prepare to be safe, I would really appreciate that!

Post by **Amber** » Wed Oct 16, 2013 10:18 am

If you can show you have sole parental responsibility.

elena_1108 · Post by **elena_1108** » Wed Oct 16, 2013 10:45 am

Is there a way to show it?
She's been here with me for 5 years, isn't that enough?
I have a letter from school stating that she was a student there last 5 years, I have a letter from father where he states that I'm the person who is responsible for her upbringing etc.
Is there anything else that may help?

Post by **vinny** » Wed Oct 16, 2013 10:49 am

See also sole responsibility.

elena_1108 · Post by **elena_1108** » Wed Oct 16, 2013 11:58 am

thank you, vinny
I'm wondering why lawyers suggest applying for ILR for me and for an extention for my daughter, saying that it is more safe.

Post by **vinny** » Wed Oct 16, 2013 12:08 pm

That doesn't make sense. The requirement for sole responsibility is the same for an extension too.

elena_1108 · Post by **elena_1108** » Wed Oct 16, 2013 12:57 pm

Thank you, vinny
It looks like they may have a reason as that if I apply in person, Home Office may approve extension to the Leave to remain more easily then the application for ILR...
Anyway, it is a scary situation...

What happens if application is not approved and we need to go to the court?
Will my daughter still be able to attend the school and me - my work? Or we will have to put everything on hold until we've got the court's decision?

Post by **Amber** » Wed Oct 16, 2013 1:03 pm

Was your child born abroad ?

Post by **vinny** » Wed Oct 16, 2013 1:07 pm

It doesn't make any sense for your daughter to apply Limited Leave to remain and for you to apply for ILR, if she is in the UK as your dependant. Her leave should be in line with yours.

Can her school write to confirm that you are making all the decision regarding her schooling, etc.?

elena_1108 · Post by **elena_1108** » Wed Oct 16, 2013 2:15 pm

Guru, she was born abroad. She is 15 yo now

elena_1108 · Post by **elena_1108** » Wed Oct 16, 2013 2:17 pm

vinny wrote: Can her school write to confirm that you are making all the decision regarding her schooling, etc.?

Depends... Not sure they are used to writing that kind of letters... Especially keeping in mind that her father pays school bills.

elena_1108 · Post by **elena_1108** » Wed Oct 16, 2013 6:48 pm

Thanks again,vinny. I have contacted the school and it seems that they are happy to provide me with such a letter.

Any other suggestions?

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ILR - dependent child, other parent lives in another country

ILR - dependent child, other parent lives in another country