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297 of immigration rules

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Rose1947
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Joined: Wed Aug 23, 2023 12:22 am
Pakistan

297 of immigration rules

Post by Rose1947 » Sat Mar 30, 2024 11:21 pm

Appeals are pending before 1st tier tribunal.
While the pendency of the refugee reunion applications of my children I got ILR. And I provided proof of my ILR to case worker.
Visa applications were refused and we lodged appeals on human rights.

Now I raised an additional ground with the consent of the respondent that my children also meet 297 (1)(d,e,f). [Their mother died]

I am carer and receiving carer allowance.

I am living in Council 3 bed house. Which has 4 rooms. At the moment I along with my wife and 3 under 10 years old children are living(all are British).

Do I also have to meet adequate maintenance and residence conditions?

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Frontier Mole
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Posts: 4437
Joined: Tue May 06, 2008 12:03 am
European Union

Re: 297 of immigration rules

Post by Frontier Mole » Sun Mar 31, 2024 12:41 am

Just confirming that the children in question are from a previous marriage and you had divorced your previous spouse?
The mother of your children has passed away. How long ago did your wife pass away and what age are the children currently.
Did you declare your wife and children during the asylum process?

Rose1947
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Posts: 2
Joined: Wed Aug 23, 2023 12:22 am
Pakistan

Re: 297 of immigration rules

Post by Rose1947 » Sun Mar 31, 2024 7:43 pm

They all under 18

Their mother died 3 years ago

Yes, I declared them at the time of arrival.

secret.simon
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Re: 297 of immigration rules

Post by secret.simon » Sun Mar 31, 2024 8:11 pm

Frontier Mole wrote:
Sun Mar 31, 2024 12:41 am
Just confirming that the children in question are from a previous marriage and you had divorced your previous spouse?
What is the answer to this question? Were you at any stage in a polygamous marriage? That is to say, at any time, did you have two spouses, whether in the UK or abroad?

Also see Rule 296.
296. Nothing in these Rules shall be construed as permitting a child to be granted entry clearance, leave to enter or remain, or variation of leave where his parent is party to a polygamous marriage or civil partnership and any application by that parent for admission or leave to remain for settlement or with a view to settlement would be refused pursuant to paragraphs 278 or 278A.
If your now-deceased wife (mother of the three children in question) applied for a spousal visa, would she have been refused the visa because you already had a spouse living in the UK?

If the answer to that question is yes, the children could still be refused under Rule 297.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Frontier Mole
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Posts: 4437
Joined: Tue May 06, 2008 12:03 am
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Re: 297 of immigration rules

Post by Frontier Mole » Sun Mar 31, 2024 10:50 pm

The two questions that will have to be answered - when did you divorce your first wife and when did you marry your second wife? Just because your first wife has passed away that does not avoid the question - have you been in a polygamist marriages.
Then the other questions given the age of your second marriage children, when did that relationship start?

So you were two years into your asylum leave when your first wife passed away. Who has looked after your children since then?

There are a lot of unanswered questions, and I am not surprised their applications to join you have been refused. I note you have not stated the refusal reason(s) - what are the reasons?

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