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URGENT HELP REQUIRED FOR ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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princessxx20222
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Joined: Sat Aug 21, 2010 9:42 am

URGENT HELP REQUIRED FOR ILR

Post by princessxx20222 » Sat Aug 21, 2010 9:54 am

hi everyone im in great trouble and very confused and would like your help,my mother is on hsmp visa judicial review me and my younger brother are her dependants.we first came to uk in 2006 we both were under 18 at that time but now we both are above 18.while we were here i had a relationship with a guy and i got pregnant i decided to keep the baby,but i had breakup with the guy and he left me,i now have a baby and my mother is due for ilr we will also apply for ilr with 2 diffrent forms because we are above 18,im veryyyy confused if i have broken any law as i was her dependant if they will give me ilr or not and what would be my baby's status if i get ilr or not.
pleaseeeee if anyone can provide me some information i would be more than greatful.
thanks

jammybunn
Newbie
Posts: 30
Joined: Sun Aug 22, 2010 10:17 am

Post by jammybunn » Sun Aug 22, 2010 11:40 am

3 individual applications. Without knowing the full circs of your current leave i guess at 2 possible outcomes.

1 mother is refused ILR (not sure what her current status is or her eligibility) you and brother also refused. Family unit can be removed.

2 mother is granted ILR (if she meets rules etc, again not sure of her status) here as "independent adults" over 18 yo you could potentially get 3 years DL on the grounds of family ties. However im certain you will not be eligible for ILR at this stage

The issue of the baby however could also strengthen your case. Father is BC/settled? does he have access/contact? if your baby has ties to the UK ion terms of contact with a father who is BC/settled then its the childs Article 8 rights which (as a dependent on YOUR application) would invoke the old Beoku Betts caselaw thus further strengthening your case for DL.


I do not however on the basis of the info in your original post, think you are eligible for ILR at the mo.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Aug 23, 2010 2:21 am

Suggest that you consult a professional. Good luck!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Aug 23, 2010 11:56 am

Incidentally, non-British babies, born in the UK, do not need to apply for leave to remain.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jammybunn
Newbie
Posts: 30
Joined: Sun Aug 22, 2010 10:17 am

Post by jammybunn » Tue Aug 24, 2010 6:21 pm

vinny wrote:Incidentally, non-British babies, born in the UK, do not need to apply for leave to remain.
if they cant confirm that they have a BC status through the father then they will need to legalise their residence also. If the father is named on the full BC and he is BC/settled then child may be eligible for BC but if this cant be proved, best to include as dependent.

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