Adverse Immigration History

[rhqureshi]

Hi,

Feb 2021 will mark my 5 years of stay in the UK on Tier 2 General visa. I know I can apply for my ILR after Feb 2021 but what im not sure about is whether I can include my children in the application or not.

Question 1: My children's 5 years will be completed on Oct 2021 (6 months later as they arrived 6 months after me in the UK), should I wait for their 5 year completion or can I apply for their ILR with my application?

Question 2: If I can apply for their ILR with my application, do I have to pay the application fee for all of us (me + 3 children = £2389 x4) or just one application fee, that is £2389 x1?

[CR001]

What is the visa status etc of the other parent?

Ilr fee is payable for EACH applicant.

[rhqureshi]

Hi,

Thanks for your reply.

Their rmother passed away few years back. I am now married to another women who is technically not their mother (step mother though).

Their step mother is on a dependant visa also.

[rhqureshi]

Their step mother joined us 2 years ago, so her total stay is 2 years only atm.

[vinny]

Relationship requirement for settlement for a dependent partner or dependent child of a Skilled Worker

SW 39.1. The applicant must be the partner or child of a person (P) where one of the following applies:
(a) P is, at the same time, being granted settlement on the Skilled Worker route; or
(b) P is settled or has become a British citizen, providing P had permission on the Skilled Worker route when they settled and the applicant had permission as P’s partner or child at that time.

SW 39.2. The applicant must have last been granted permission as a dependent partner or dependent child of the person (P) in SW 39.1.

SW 39.3. If applying as a partner, the applicant and the person (P) in SW 39.1. must meet the relationship requirement in SW 30.1. to SW 30.5. and must have met them throughout the 5 years ending on the date of application.

SW 39.4. If applying as a child, the applicant’s other parent (who is not the person (P) in SW 39.1.) must be being granted settlement at the same time, or be settled or a British citizen, unless:

• (a) the person (P) in SW 39.1. is the applicant’s sole surviving parent; or
• (b) the person (P) in SW 39.1. has sole responsibility for the applicant’s upbringing; or
• (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement.

I think it’s possible for your children to apply for ILR with you.

[rhqureshi]

Even if the children have not yet completed their 5 years stay requirement?

[AmazonianX]

Even if the children have not yet completed their 5 years stay requirement?

For children the element of "years of stay requirement" does not apply. It is the qualifying period of the "less privileged parent" that matters.

[rhqureshi]

Hi All,

I am a bit confused about a question the ILR application. Please read the details below:

I was a student in the UK in 2008 but I could not finish my degree due to financial
issues and over stayed in the UK for 1 year. but then i left voluntarily in 2010 on my own expenses.
in 2016 I was offered a work permit (tier 2 general) and applied for my visa with all the
details about my overstay history. The immigration people interviewed me and I told them
everything about my overstay and luckily I got the visa. I was in dubai at the time and took
a flight to UK from dubai
I am going to apply for my ILR visa now and there is a question in the application which is
troubling me. The question is below

Q: Have you ever been :
1. refused a visa for the UK
2. deported from the UK
3. removed from the UK
4. required to leave the UK
5. refused entry at the UK border

how should I answer this question. keeping in mind my overstay history? Specially option 4 is a bit confusing, I don't know if that applies to me or not. I dont have any documentary evidence and was never issued a letter/warning from the home office for anything.

Also, Is it possible that they reject my visa based on my adverse immigration history?

[CULLINAN]

You can clarify in the notes/cover letter. You should declare the past history as HO will know anyways. Your ILR is based on your Tier 2G, past overstaying period will not have an effect on that. However, for Naturalisation purpose you should not have overstay period in the last 10 years to be successful. In your case, if you plan to Naturalise as a British in the future, 10 years would have passed also.

[rhqureshi]

Thanks Cullinan.