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Indefinite leave to remain for daughter whose mum is dead

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Gmike
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Posts: 4
Joined: Thu Mar 30, 2017 11:33 am

Indefinite leave to remain for daughter whose mum is dead

Post by Gmike » Thu Mar 30, 2017 11:45 am

I am about to apply for indefinite leave to remain under tier 2 route. I need some clarification as per child dependent.

My daughter is 16 years old. She and my wife (step-mum to daughter) are currently my dependents.
My daughters mum died long before we both came to UK. It was very difficult getting visa for her as my dependent but we were finally successful. The 3 of us have been living together in UK.

The only evidence I have of her mum’s dead is the cover page of the funeral programme. The death certificate was lost. I had to proof sole responsibility before my daughter was giving a dependent visa to come and join me and my wife (her step-mum) in UK.

Now both I and her step-mum are her parents with shared responsibility. Do I need to proof this for my daughter’s indefinite leave?

How do I address the following requirements for her indefinite leave? Especially that there is no death certificate available for her mum’s death.

Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
1. (i) The Points Based System Migrant is the applicant’s sole surviving parent, or
2. (ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
3. (iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care.


I am her sole surviving parent but with a step-mum for her. I had sole responsibility for her but now it is shared with her step-mum.

I am applying with my wife and her step-mum as my dependents.
I need advice please.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Indefinite leave to remain for daughter whose mum is dea

Post by vinny » Thu Mar 30, 2017 12:09 pm

By previously granting your daughter entry clearance or leave to remain, they have already accepted that she satisfies 319H(f)(i) or (ii) or (iii). The requirements under 319J(e)(i) or (ii) or (iii) are exactly the same.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Gmike
Newly Registered
Posts: 4
Joined: Thu Mar 30, 2017 11:33 am

Re: Indefinite leave to remain for daughter whose mum is dea

Post by Gmike » Fri Mar 31, 2017 12:43 pm

Thanks @ Vinny

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Indefinite leave to remain for daughter whose mum is dea

Post by vinny » Fri Mar 31, 2017 2:46 pm

Provide similar evidence as previously?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Gmike
Newly Registered
Posts: 4
Joined: Thu Mar 30, 2017 11:33 am

Re: Indefinite leave to remain for daughter whose mum is dea

Post by Gmike » Fri Mar 31, 2017 7:19 pm

Just wondering if i can used the mum funeral programme as evidence of her mum's dead then build my argument that me and her step-mum have shared responsibility over her as oppose to sole responsibility i argued about when she was last granted entry visa. Then present documents showing the same UK address for the 3 of us. If this is a good approach. This is how i am planning to go about it.

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