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Leave to remain based on child's illness

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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skumar1407
Newly Registered
Posts: 2
Joined: Sat Oct 28, 2017 6:48 pm
India

Leave to remain based on child's illness

Post by skumar1407 » Sat Nov 25, 2017 12:00 pm

Hi,

I am in UK for the past 4 years on a Tier-2 ICT visa(Aug 2013 - till date) along with my 2 sons and wife. My elder son who is 7 years old had a serious illness in 2016, he has recovered but still he has health problems now and then. I will have to go back to India sometime in April 2018, I am worried that he may not be able to adjust again to the climate, education system, etc in India and it will be very strenuous for him.

My questions are:
1. Can I apply for a leave to remain based on my elder son's situation? Will Home Office accept this?
2. My second son was born in UK, however he has got an indian passport. Can he claim for a leave to remain based on this?
2. From my side I can prove that I will still be employed by my current company, as they have several projects and they are willing to keep me on their payrolls.

Kindly if you can feedback, and also suggest something which could help me with staying back in UK.

Best Regards
Saurabh

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Leave to remain based on child's illness

Post by Wanderer » Sat Nov 25, 2017 12:14 pm

No chance, UK isn't a charity.
An chéad stad eile Stáisiún Uí Chonghaile....

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CR001
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Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Leave to remain based on child's illness

Post by CR001 » Sat Nov 25, 2017 3:36 pm

1. Not really no. Given the fact that many migrants who are India go back to India for medical treatment, clearly there is a decent medical service there.

2. No he can't. He has no automatic right just by being born in the UK if either parent does not hold ILR.

3. Makes no difference. Either find another visa you qualify for or find a visa your wife qualifies for and become her dependent.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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

Re: Leave to remain based on child's illness

Post by vinny » Sun Nov 26, 2017 1:31 am

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.

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