Applying for extension without spouse support

[shaynachuc]

Can you please advise if I am able to apply for FLR extension without the help of my spouse? I am on the first three years period as a partner of a tier one general migrant who has now obtained a ILR. We have a year old child born in the UK but registered as foreign national because we needed passport to travel out of UK. Unfortunately we are having a relationship issue and we are working on it to resolve it but I need to prepare myself for the worst. I am currently out of UK and need to apply for my child's visa to come back to UK.
1) Do I need to apply for dependent visa for our child and he can become british citizen after 5 years period? Or is there any other option for him as he was born in the UK? I have spoken to my spouse and he will support the application process. I already have a spouse visa valid for another 2 years.
2) When I come back to UK and if the relationship doesn't work, what options do I have to get ILR?

I hope you can help.

[CR001]

1. A UK born child is entitled to register as British as soon as one parent is granted ILR. Child will need a visa to return to the UK, same visa as you have.

2. You need your spouse's support to apply for PBS extension and ILR. Suggest try to resolve the problems. If your child is not British, there are not many options for you unless you qualify for a visa in your own right.

[shaynachuc]

Char I appreciate for your quick reply. Thank you.

1. A UK born child is entitled to register as British as soon as one parent is granted ILR. Child will need a visa to return to the UK, same visa as you have.

As I mentioned we had to register our child as foreign national because I needed to travel due to an emergency. Assuming we apply for family visa for our child and travel back to UK, can we still apply for British passport once we are back here in the UK for our child as my spouse has got an ILR now?? Or he has to follow the 5 year period as everyone else has to do?

thanks once again

[vinny]

Child may apply for a British passport immediately after registration is granted. Some NCSs may facilitate joint registration and passport applications.

[Obie]

The advice you have been given is spot on.

Register the child, and then apply for a Certificate of Entitlement of Right of Abode or British Passport.

Alternatively, the child can qualify for Indefinite Leave to enter under 306 of the Immigration rules without need of meeting the financial requirement or paying for NHS Surcharge.

[vinny]

Alternatively, the child can qualify for Indefinite Leave to enter under 306 of the Immigration rules without need of meeting the financial requirement or paying for NHS Surcharge.

May be a struggle!

[Obie]

Alternatively, the child can qualify for Indefinite Leave to enter under 306 of the Immigration rules without need of meeting the financial requirement or paying for NHS Surcharge.

May be a struggle!

Why? If I may ask.

[vinny]

A recent refusal. PBS dependant granted instead.

[Obie]

It appears from my reading of the case you cited that the attention of the ECO was not drawn to the relevant section of the rules.

In circumstances were a child could qualify under different categories, it may be incumbent on the parents to specify under which provision the application is made.

[Obie]

It appears from my reading of the case you cited that the attention of the ECO was not drawn to the relevant section of the rules.

In circumstances were a child could qualify under different categories, it may be incumbent on the parents to specify under which provision the application is made.

[vinny]

I think that attention was drawn, perhaps as per my advice.

[Obie]

I think that attention was drawn, perhaps as per my advice.

Then it is a misdirection of law. I have always said the government should educate and provide training to the ECO.

Most of them are not legal expert, and their training is confined to majority cases. Many of them have school leaving certificate, so expecting them to understand these very complex provisions is a big ask. Even members of the legal fraternity have trouble.

Some immigration judges find these rules so cumbersome. Many advocate find that they spend more time bringing judges up to scratch with the complex legal provision that presenting their clients cases.