ILR Refusal for British National Dependents

[shankar_75]

Hi,

I am Shankar. My Brother, my mum and I came to the UK on 08 December 2018 on a dependent visa for 2 and half years and have been living here since before our VISA expired. I was 16 and my brother was 18 when we arrived in the UK first time. My Dad is a British national hence My solicitor applied for Indefinite Leave to Remain visa application for me and my brother on 19 June 2021 before our 2 and half years dependent visa expired. My dad was married to my Indian national mother, unfortunately, they got divorced and my mum went back to India in 2020 due to some severe mental illness. Both of our visas have been expired on 21 July 2021. My brother and I are in full-time education in the UK and our lives are established as we want to continue living with our father.

In the meantime my solicitor has stopped replying to me due to some strange reasons and still doesn’t reply to my emails, phone calls and messages so my brother and I got worried, After one year and 10 months we both requested our local MP to inquire about our visa application status. She got a reply back from the Home office last week that my application is stuck in the system due to some unforeseen reasons and I am still waiting for my ILR outcome yet. My brother Manoj got the refusal on 10 June 2022 unbeknown to him as My brother and my application was through our solicitor who doesn’t have any contact with us anymore since December 2021. So, the Home office may have sent a refusal letter to the solicitor for my brother's ILR visa application which he was never aware of. Now last week we found out that his ILR visa application is refused.

After speaking to a couple of solicitors I am aware of some options for my current situation. One of them is I can wait until the full 5-years period is completed as my application is still pending. It has been approximately 4 years and 5 months for me since I came to the UK, and then I can apply on the 5-year ILR route.
My brother can apply a new application on the 10-year ILR route of a British family member to the home office.

I am extremely worried nowadays and don’t want to get stung again, So kindly advise me and my brother separately, please.

Look forward to hearing from you soon, Thanks.

Warm Regards,
Shankar

[zimba]

If you two arrived in the UK as children under the family route, then there is NO requirement to have 5 years for ILR. If there was a claim that your father had sole responsibility for you two, then your ILR should have been granted under the family rules. So the question is what visa did you have when you came to the UK and why your brother's ILR was refused?

[shankar_75]

Dear Zimba,

Thanks for your reply. Yes, there was a claim that my father had the sole responsibility for both of us and that’s why we went for ILR family route application. We both came on a dependent VISA with entry clearance sticker on passports. Our BRP’s Type of Permit are ‘Leave to Enter’ and Remarks are ‘Work Permitted’
In regard to my brother refusal, He only has MP email reply received last week, nothing else which I quote below:

“Mr xxxxx submitted his application on 23 July 2021. This was refused on 21 June 2022, with an in-country right of appeal – which Mr xxx seems not to have exercised.”

My solicitor doesn’t reply me so I don’t have any contact with home office.Kindly advise me next, Thanks.
Regards,
Shankar

[zimba]

I'd start with contacting the UKVI first and asking to get the details of the refusal:

UK Visas and Immigration contact centre
Telephone: 0300 790 6268 - select option 2
Monday to Thursday (excluding bank holidays), 9am to 4:45pm
Friday (excluding bank holidays), 9am to 4:30pm

If that failed, I'd file a complaint to UKVI and request that information: https://www.gov.uk/government/organisat ... -procedure

You may need to find a new lawyer to help you file a judicial review if it all fails