ILR UK

[MaprangHolmes]

I was wondering if a person applies for ILR in the UK and say that they have a child, could they refuse the application if it is stated that the partner will be staying in the UK with there child?

Is there a law that a mother and child can not be separated?

Edited December 14, 2013 by MaprangHolmes

[7by7]

I'm sorry, but I don't understand the question.

Why would an ILR applicant having a child effect their ILR application?

Are you asking about a situation where the foreign mother of a British child has separated from her British husband before she received ILR?

If so, a lot depends on her situation.

If her husband, the child's father, has completely abandoned her and the child then she can apply to remain in the UK as the child's sole carer.

But if the child's father shares custody or is willing and able to take care of the child, then such an application is likely to be refused.

[MaprangHolmes]

I'm sorry, but I don't understand the question.

Why would an ILR applicant having a child effect their ILR application?

Are you asking about a situation where the foreign mother of a British child has separated from her British husband before she received ILR?

If so, a lot depends on her situation.

If her husband, the child's father, has completely abandoned her and the child then she can apply to remain in the UK as the child's sole carer.

But if the child's father shares custody or is willing and able to take care of the child, then such an application is likely to be refused.

Thank you for the reply, I thought that if the couple had a child it may give greater weight to the foreign mother applying due to if the application was refused then say the father, may want to stay in the UK with there child. Which would mean the mother having to leave hence then becoming separated from her child. I was just curious, as to what would happen in that scenario.

[bobrussell]

Not absolutely clear as to the actual question but the mother of an EEA/EU citizen child is unlikely to be refused a settlement visa if she complies with the visa requirements.

A non-EU child living with the mother generally is issued with the same visa type as the mother.

If the applicant cannot meet the requirements (especially the financial part) then there may be other routes to getting a visa to maintain contact with the child. An EU citizen (child) is likely to have significant rights to prevent being separated from a parent but the law can get messy in these cases.

More specific information will yield a more useful answer I suspect!

[7by7]

The EU/EEA citizen child has the right to live in the EU/EEA and so if their only carer is a non EU/EEA national then that carer can and should be granted permission to remain in the EU/EEA with that child; the Zambrano ruling.

But this is based on the child's right to live in the EU/EEA, nothing to do with not separating mother and child.

Indeed, some members may recall my posting about a friend of ours involved in a Zambrano application a while back. It's taken a long time for the Home Office to reach a decision, but she has recently been refused because when contacted by the Home Office her estranged husband, the child's father, said that he was willing and able to take care of the child!

It seems that her only option now if she wants to live in the UK is to return to Thailand alone, leaving the child with the father, and apply for an access to child visa

But the OP's question seems to be whether or not having a British child would strengthen an ILR application. The simple answer to that is; no.

Edited December 14, 2013 by 7by7

[MaprangHolmes]

Thank you for the reply's 7by7 your spot on with understanding what I meant. Could I ask if the applicants partner was claiming benefits to which of course he/she are entitled to under the old rules would that be satisfactory to meet the financial requirement of ILR (of course not claiming anything extra for the partner who would be on a settlement visa).

Thank you for the information thus far.

[malct]

So to get this Right, If a lady comes to the Uk on a settlement Visa, gets married and has a baby in the UK, if they don't meant the requirements by not being able to do the life in the UK test for the IIR, she will be sent back home? Would they be able to appeal against this?

[MaprangHolmes]

I think your find if it was just that a person had not completed the life in the UK test than they would be able to apply for Further Leave to Remain.

[7by7]

Thank you for the reply's 7by7 your spot on with understanding what I meant. Could I ask if the applicants partner was claiming benefits to which of course he/she are entitled to under the old rules would that be satisfactory to meet the financial requirement of ILR (of course not claiming anything extra for the partner who would be on a settlement visa).

Thank you for the information thus far.

Under the old rules the financial requirement at all application stages, initial visa, FLR (if required) and ILR was that the applicant(s) could be supported without access to public funds.

The sponsor/spouse/partner could claim any and all public funds to which they were entitled, as long as they did not claim any extra due to the applicant(s) living with them.

Main exceptions to this were tax credits, which must be claimed jointly by a husband and wife, and child benefit which the British parent could claim, even for their step children who were subject to immigration control.

So if the ILR applicant comes under the old rules, then yes.

[7by7]

So to get this Right, If a lady comes to the Uk on a settlement Visa, gets married and has a baby in the UK, if they don't meant the requirements by not being able to do the life in the UK test for the IIR, she will be sent back home? Would they be able to appeal against this?

I think your find if it was just that a person had not completed the life in the UK test than they would be able to apply for Further Leave to Remain.

Indeed.

Whatever the reason for the applicant not meeting the requirements for ILR, they would be able to apply for FLR instead.

Of course, they would have to meet the FLR requirements in order to be granted it.

If they don't, then they will no longer have permission to remain in the UK.

They could appeal on human rights grounds; but the decision on that would not be certain.

This is a problem I can see occurring a lot under the new financial rules; a couple may meet the financial requirement at the initial and FLR stages, but not at the ILR stage. Particularly if the income requirement increases annually by more than their income, which is likely; or, as the immigrant partner's income can be used for FLR and ILR, one of them has stopped working to have children.

[MaprangHolmes]

Apart from the cost can a person apply for FLR as many times as they like?

[7by7]

At the moment; yes.

However, both the previous and this government see this as a loophole exploited by those who cannot meet the requirements for ILR, especially the language requirement, and so have talked about limiting he number of times someone can apply for FLR.

Nothing concrete yet; but watch this space!

[marksm]

Thanks for the replies

I have another Question

If you have to provide letters ect proving my wife has lived at the same address my gas and electric is with the same provider does this count has 1 or 2 counts of proof she lives at the address ?

[7by7]

You need at least 6 documents spread over the two years from at least three different sources; so two bills from the same company would count as two documents.

See Section 11, Note 8 of form SET(M) for more on this.

[marksm]

I know it doesn't say on the set (m) guide could I use home insurance has 1 of them ?

[bobrussell]

Almost any addressed documentation from an independent source. Doctors letters, DVLA documents, the list is almost endless. A good selection is worthwhile. they do not all have to be addressed jointly but can be a combination of some addressed to you, some addressed to your wife.

From memory the list on the UKBA site provides suggestions not requirements!

[marksm]

Thank for the reply I had it in my head that you had to stick with what they had put on the web page

[Waterloo]

I know it doesn't say on the set (m) guide could I use home insurance has 1 of them ?

Just checked my records from our successful application for ILR earlier this year and we did use insurance certs in our application