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As a start, if you haven't already, have a read of the guidance document linked below and see if he may be eligible under any of the categories, particularly where exceptional circumstances may apply concerning the best interests of a relevant child.Europeflower wrote: ↑Tue Jul 14, 2020 2:14 amWhat are his options please?
I was thinking flpfp parent visa but his ex wife doesn’t have ilr ..
Any help and advice will be appreciated.
Thank you geoeng,geoeng wrote: ↑Tue Jul 14, 2020 2:59 pmJust because you haven't heard of it being done successfully doesn't mean the provisions for a grant of leave for such circumstances do not exist for one who can build a credible and compelling case, supported by evidence, that falls within the immigration rules. Your posts indicate you already understand the route your brother would need to apply for and that the application would be assessed in line with the guidance provided; so it comes down to presenting the exceptional circumstances that should be considered. If you're confident in the case you and your brother can put together, don't get too put off by the difficulties others may have faced to the point that it discourages your brother from finding a legal way to remain in the country.
Can't think of any reason why it would affect her as her immigration status isn't dependent on anything to do with your brother.Europeflower wrote: ↑Tue Jul 14, 2020 6:42 pmHis ex wife leave to remain is based on her last British child and all her other children were granted leave in line. If my brother applies on basis of his children I hope it wouldn’t affect her?
I can't really provide any advice on this. Your brother shouldn't be in the country without valid leave to remain so whether or not he should remain in the country illegally for longer would be a decision he would have to make with consideration to all of the potential consequences of that decision. Realistically he should leave the UK and make an application from outside the country for a visa he may be eligible for; I can only provide the guidance document that describes all the options that may be available.Europeflower wrote: ↑Tue Jul 14, 2020 6:42 pmAlso on of his children will be 10 in a year and half therefore will be eligible to register as British, so should he wait till then ?
It sounds like it, yes. As to whether that is sufficient or what the probability of success would be, I have no idea, as I said I can only really direct you towards the immigration rules and available guidance, which you now have.