Children's ILR after 3 YR DLR?

[kash_hayyat]

Hi Amber / Vinny

I read your following post, please can you help me with following questions?

Re: DLR extension, issued June 2011?
Postby Amber » Tue Jun 03, 2014 4:15 pm
Yes, adults need 6 years DLR but I'm sure there was a case where children (in their best interest) should be settled after 3 years DLR. If Vinny comes along, I'm sure he'll find the case.

My children were granted 3 YR DLR in 2011,
1. Can I apply for settlement for them?
2. What form should I use?

Best wishes,

[Amber]

Complete SET(O) for the children and request ILR for them following the case SM and TM and JD and Others v SSHD [2013] EWHC 1144 (Admin).

[kash_hayyat]

Thank you Amber for your reply.

SET(O) for the children, OK

and what form shall I use to apply for get further leave to remain for myself?

do I need to include my children on my form as dependants?
do I need to make two applications?

Please clarify.

Regards

[Amber]

FLR(O) for your extension.

[kash_hayyat]

appreciate your reply,
I was granted leave to remain in 2013, shouldn't I use FLR(FP)? 10 years route?
if I use FLR(O) as you said, do I need to include my children as dependants?

Thanks for your time and best wishes

[Amber]

Yes FLR(FP), if you were granted leave after July 2012 due to family/private life, I assumed you'd been granted at the same time.

[kash_hayyat]

Hi,
Yes, I was granted leave in 2013.

So, I will be using FLR(FP) for myself and SET(O) for my children, right?

On the letter from Home Office says, "It has therefore been decided to grant you leave on a discretionary basis in line with your children."

Am I on 10 Yr route? or will I apply for ILR after 3 years along with my children?

Regards

[Amber]

For adults under DLR the route to settlement is 6 years. For the family life route it can be 10. Was your leave 2.5 years or 3? Do you have access to public funds?

[kash_hayyat]

Hi Amber,

I hope you are well.

I just discuss the issue over the telephone with the Home Office and the advisor said I need to fill 1x FLR(O) form and include my children as dependants.

I was given leave (with NRPF) to remain in 2013 as in-line with my children, expiring in September 2014.
My children were granted 3 YR DLR in 2011, expiring in September 2014.

Over the telephone I did point out the date of grant of my leave (2013, after July 2012 new route) and NRPF condition attached (NRPF condition has now been removed because of destitution) and that I should be using FLR(FP) but the Home Office advisor said because you were given leave in-line with your children, you will need to use FLR(O) and include your children as dependants. We all will get 3 years leave. Children will be entitled for settlement after total of 6 years of DLR and I will be entitled after 10 years of leave.

Now, I need to make an application for extension with fee waiver because my financial circumstances are same.

You said I should be using SET(O) for children, I understand, but I can't afford the fee and there's no fee waiver option available.

If I use FLR(O), how should I ask the Home Office to grant ILR instead of DLR for my children on the basis of the case of SM and TM and JD and Others v SSHD [2013] EWHC 1144 (Admin)?

I will appreciate your point of view on this.

Regards

[Amber]

Not sure if I'd take what the contact centre says as correct. I'd seek legal advice.

[kash_hayyat]

Hi,
Please can you recommend any good legal advisor?

Regards

[Amber]

Any good law firm recommendation?

[foxtrot1234]

Hi Amber, thanks for the wonderful work you have been doing in this forum. please my questions go as these:

1st DLR: 17/09/2009 - 16/09/2011 (Myself, wife and kids)
2nd DLR: 26/06/2013 - 25/06/2016 (Myself, wife and kids)
Due for ILR: (Myself, wife and kids) on completion of 6 years DLR on or after 16/09/2015

1. Please when can I apply for settlement for my kids?
2. Do they qualify now under case of SM and TM and JD and Others v SSHD [2013] EWHC 1144 (Admin)? or my kids need to complete their 6 years in (16/09/2015).
3. Can my kids apply for settlement when they complete 5 years on DLR in 16/09/2014 or NOW
4. The type of form to fill if they qualify now.

Please your prompt reply will be well appreciated.

Many thanks.
Foxtrot1234

[Amber]

There is a strong argument that they can settle anytime after 3 years. In their best interest for a secured and settled environment. Do the read the case in question here - http://www.bailii.org/ew/cases/EWHC/Adm ... /1144.html

[foxtrot1234]

Thanks Amber

[vinny]

New judgment.

[shyahasson]

HI Amber,
I need your help please.

I am a british citizen and working abroad. My wife is not a british citizen and I have two british citizen daughters from my wife. she has a multi family visiting visa for five years. this year my old daughter is in the school in the uk and staying with her mom and her new born sister. all of them are living with my dad. my question is that can My wife apply to stay with her dependent daughters as she is the only one the in the uk responsibly for them for upbringing. if not can she apply for an extension at least to stay with my daughter while she finish her school.

Kind regards,

shyahasson