10 years long residence but currently on 3 year discretion a

[Zaine]

Hi all,

I came to UK in 2004 as a student. Got married in 2007 but marriage broke down in 2011 due to domestic violence. Got 3 years discretionary leave thereafter but that is ending this July 2014. My question is whether to apply for ILR as I have attained 10 years lawful continuous residence as of April 2014 or do I need to apply for discretionary eave for a further 3 years. I also have a 3 year old child with new partner and another on the way. My partner has sent his own application last month and is awaiting a decision on that. Please help.

[Amber]

Yes, if you have 10 valid and continuous years, you may qualify for SET(LR), B1 English and LIUK required.

[Zaine]

Yes, if you have 10 valid and continuous years, you may qualify for SET(LR), B1 English and LIUK required.

Many thanks ! I will go ahead and book my tests

[Zaine]

Dear Amber/ anyone with an answer,

My partners application has been returned today with a refusal for various reasons. Now, my question is...on one of the paragraphs the HO has mentioned that my 3 year old son is in UK unlawfully. I was under the impression that he neither has right of abode nor is he here unlawfully and there fore doesnt need to apply for permission to stay here. Someone please tell me if this has changed.

Also, my discretionary visa expires end of July 2014. Can I apply immediately or must I wait until am in the 28 day windows period before it expires? I have already attained 10 years lawful resident in April but am afraid they are asking my son to leave. So I want to apply ASAP.

Third question is...We are due to get married next month but now that my partner who my son's father has been asked to leave in a few weeks? Does it mean we can't get married?

[Amber]

Was the child born in the UK and has the child ever had any leave?

[GOd Helps]

Was the child born in the UK and has the child ever had any leave?

Hi amber if kids born in Uk but had a visa initially but now expired. father has got ILR can they apply for passport




born in uk 2008
visa valid till july 31 2013
father got ILR in april 2014

[Zaine]

Was the child born in the UK and has the child ever had any leave?

Dear Amber,

My son was born in UK and i had and still have a valid visa. Son has however never had a visa as the letter that initially came with my leave stated that he did not need one unless he travelled abroad and wished to return to uk

[Amber]

God helps - The child would need registering as British under section 1(3) on form MN1, valid leave is not required, once done, the child can apply for a British Passport.

Zaine, If the child never had leave then he is not here unlawfully. Thus, they can't remove your son.

[Zaine]

Thanks Amber. Feeling relived.

I have just read on the guidelines that i can apply for settlement as the 10 years have already lapsed and disregard the time remaining on my current visa

[Zaine]

Amber...regarding my partner, do you think the home office would consider his refused application as an impediment to marry. its literally a week or so from now and we have made all necessary arrangements. we couldnt do it earlier as home office had lost his passport