ILR father, overstayed mother, young children.

[snowhite]

hi everyone,

I would really appreciate if you could reply to my query, i have read lots of posts but unable to find answers for this questions. If you could reply me, ill be really gratefull. Im asking this on behalf of my close friend.

He received ILR this year Jan on legacy, 10 years stay in uk - assylum case. He got married in 2006 and have 3 children together, youngest is 6 month old and oldest is just below 4 years old. I understand that she has come to this country with student visa in 2003 but overstayed until now.

1. Can he apply for naturalisation now or have to wait for 1 year.
2. His children only has birth certificates, since he has received his ILR can he now apply for his children? if yes, does he need to apply for ILR or naturalisation for his children.
3. Can he apply for child benefit right now?
4. What is the situation of the mother? how can she apply for her legal stay in UK?
5. Can he give details of his wife when filling the applications, will there be any problem filling details of their mother in their application?

Thanl you

[mrlookforward]

1. Can he apply for naturalisation now or have to wait for 1 year.
Must wait at least 12 months from the date of ILR

2. His children only has birth certificates, since he has received his ILR can he now apply for his children? if yes, does he need to apply for ILR or naturalisation for his children.
He doesnt need to apply for ILR for children and he cant apply for their naturalisation because he doesnt need to. His children are now eligible to be "registered" as British citizen under section 1 (3)

He will need to fill this form
http://www.ukba.homeoffice.gov.uk/sitec ... rm_mn1.pdf

Also fill this payment slip.The fee for application will be £470+£97+£97= £ 664.
http://www.ukba.homeoffice.gov.uk/sitec ... de_mn1.pdf


He may also want to read this UKBA guidance. His kids' entitlement is mentioned clearly on top of page 9 of the document, Section 1 (3)
http://www.ukba.homeoffice.gov.uk/sitec ... de_mn1.pdf

3. Can he apply for child benefit right now?
He can apply for any benefits he is entitled to.

4. What is the situation of the mother? how can she apply for her legal stay in UK?
Not a quick fix easy answer for this. But an application for Discretionary Leave, based on her family life in UK is a possibility. This must not be taken up as a DIY project though. It will be an application outside the rules, so advice of a good immigration advisor/solicitor who has experience of making such applications is required.

5. Can he give details of his wife when filling the applications, will there be any problem filling details of their mother in their application?
Yes, there shouldnt be a problem with that. But its advisable that an application for his wife is made to UKBA as soon as possible.

Phew, wish I could get paid to write all this on forum, lol.

[snowhite]

hi mrlookforward,

Thanks for your reply, i almost thought no one gonna reply on this. What you have given the information i have gone through it. Will let them know today.

Right now he receives house benefit on his name as living on his own. But he lives with his family. Does he need to re apply informing them regarding his wife and the children? Will that effect on his benefit that he receives?

Thank you for your advice.

Regards

[mrlookforward]

He must disclose all information correctly to Housing benefit or any other tax credit or other govt dept, otherwise it could be regarded as benefit fraud. He is elgible to apply for any services/benefits that he is entitled to. His overstayer wife will not be a hurdle for him in any way.

[Casa]

Did you have 'settled' status at the time your children were born in the UK?

[mrlookforward]

Did you have 'settled' status at the time your children were born in the UK?

He only got ILR in January.

[mrlookforward]

@ snowhite- Can you please confirm whether the youngest child who is 6 months old was born before the date your friend got ILR, or born after the date your friend got ILR.

[snowhite]

The youngest born in nov last year. So it was before he received his ILR in JAN. So i guess they all 3 have to register as you have said in your 1st reply.

[snowhite]

Did you have 'settled' status at the time your children were born in the UK?

what does settled status mean? he received his ILR only in Jan this year.

[mrlookforward]

Did you have 'settled' status at the time your children were born in the UK?

what does settled status mean? he received his ILR only in Jan this year.

ILR=settled status.

[mrlookforward]

The youngest born in nov last year. So it was before he received his ILR in JAN. So i guess they all 3 have to register as you have said in your 1st reply.

Yes, correct.

[snowhite]

The youngest born in nov last year. So it was before he received his ILR in JAN. So i guess they all 3 have to register as you have said in your 1st reply.

Yes, correct.

Thanks Mrlookforward, you have been helpful answering my queries. I also would like to know if they are eligible for child tax credit. If yes, should this be made as joint claim? Will this effect his wifes application in future?

Also could you pls confirm this as i heard from other ppl, that there are new law coming for those who want to apply for naturalisation must have worked for certain period of time?

Thank you.

[mrlookforward]

Yes, your friend who got ILR is eligible to apply for child credit, or any other benefits he is entitled to. The benefits that require joint claim of husband and wife, must have the details of both husband and wife, even if the wife is an overstayer. Not mentioning wife's name where it needs to be mentioned will amount to benefit fraud.

Whatever you have heard about new rules coming out for naturalisation is utter rubbish. Earned citizenship is likely to be introduced in July 2011, but it won't effect people who already have ILR or applied for ILR before that date. Such people can apply for naturalisation under current rules upto July 2013. Your friend who got ILR under legacy can apply for naturalisation 12 months after the date he got ILR. Legal residency requirements of past 5 years are currently relaxed for people granted outside the rules (legacy). These people are being routinely granted naturalisation even if they were totally illegal before getting ILR.

[snowhite]

Yes, your friend who got ILR is eligible to apply for child credit, or any other benefits he is entitled to. The benefits that require joint claim of husband and wife, must have the details of both husband and wife, even if the wife is an overstayer. Not mentioning wife's name where it needs to be mentioned will amount to benefit fraud.

Whatever you have heard about new rules coming out for naturalisation is utter rubbish. Earned citizenship is likely to be introduced in July 2011, but it won't effect people who already have ILR or applied for ILR before that date. Such people can apply for naturalisation under current rules upto July 2013. Your friend who got ILR under legacy can apply for naturalisation 12 months after the date he got ILR. Legal residency requirements of past 5 years are currently relaxed for people granted outside the rules (legacy). These people are being routinely granted naturalisation even if they were totally illegal before getting ILR.

thanks for your enlightenment in regards of the law, im being educated more and more regarding immigrations now, which used to be something i wouldnt bother to educate myself.
They are now applying to register their child and benefit. Few questions being asked to me which i hope you could reply.

1. Should they register their child as BC first before applying for child benefit?

2. Can they apply for child benefit and child tax credit at the same time?

3. Do they need to apply for COA for civil marriage now? because they have had only religious marriage. Is this civil marriage necessary in future application for his wife?

Thank you very much.

[mrlookforward]

1. Should they register their child as BC first before applying for child benefit?
Its upto them, but it will be a good idea to register the child to avoid any confusions about the childs status in UK.


2. Can they apply for child benefit and child tax credit at the same time?
Yes.

3. Do they need to apply for COA for civil marriage now? because they have had only religious marriage. Is this civil marriage necessary in future application for his wife?
Yes, they do need to apply for COA. Their religious marriages has no legal value in UK unless it took place in church of england. But if they have a religious marriage certificate then that could form part of an application, besides other documents, as a proof of their relationship (but not marriage).