spectra wrote: ↑Sun May 19, 2024 11:49 am
please help me understand ONE main point which is center of this approach"When wife will get ILR, then by law (one parent is national and other ILR) , kids will get ILR based on that requirement(are there any other requirement other then this).
Surely it must have occurred to you to wonder as to why nobody else has thought of this way to save money/deprive the Home Office of one source of revenue. Normally, if nobody has done something for the first time, there is a pretty good reason to not do it.
The general principle is that a child born abroad has the same status as that of the less-privileged parent. But that is the general principle. There are a lot of details and requirements around it.
But since you appear to want to skate right up to the edge of the law, I decided to look at the specific wording.
In order to apply for ILR for a child, the child needs to (
Immigration Rule 298) "(ii) has or has had limited leave to enter or remain in the United Kingdom, and" "(vi) does not fall for refusal under the general grounds for refusal,". Overstaying in the UK would almost certainly fall under the general grounds for refusal.
A crucial detail to note is that a child abroad does not have an entitlement to register as a British citizen, nor is there an entitlement to ILR. Such applications are at discretion. And the caseworker will be able to see the whole history of the children involved.
Also when submitting a renewal application for the wife, one of the questions in the form is whether there are any dependent children that are not included in the application and the reason for that. How would you answer that question? Also, the Home Office will then ask questions and hold up your wife's application while it investigates why you were purposely making the children overstayers.
Also teachers and other social workers could become aware of the childrens lack of immigration status because the children may not be eligible to carry out certain activities (such as if the school arranged a trip to France, etc).
Also note that failure to regularise the immigration status of the child can get child services involved, because your spouse and you obviously can't provide for the children.
As for the tag of "overstayer" being removed once ILR or British citizenship is achieved, that really depends on the purpose. Their history will always remain with them. It may be overlooked/ignored for specific purposes, but it will still remain with them.
It could complicate any future trips to the US and other countries, for instance, which look at the whole history of the person and which may not be as forgiving of an overstayer as the UK. So the answer to your question is much more complicated than that.
Like
CR001, I am intrigued to know who gave you this opinion. I hope it is not a solicitor or advocate, because if they were, frankly they should be stuck off. If it is somebody who has tried this and succeeded, always keep in mind that it is stints like this that leads to the law becoming much stricter for everybody. The Home Office frequently updates the Immigration Rules, a few times a year.
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.