How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2053
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

my mum is british and lives in the uk, i have recently lost

Resolved Question:

my mum is british and lives in the uk, i have recently lost my father, all my siblings are married. I am a finalist set to graduate at a UK university july, student visa expires august 2012. getting a job as a software engineer seems uneasy as they require permanent stay in the uk. what are my chances of getting a permanent stay in the uk(i have been in the uk for the past 7 years). I am 30 years of age and i live with my mum and have a 7year old daughter born in the uk. i just want to be independent now that i will graduate and give my daughter a good life.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question.

Where both your parents British when you were born?
Customer: replied 2 years ago.
no, mum acquired British citizenship through work- she is a registered nurse. I want to know my chances of getting a permanent say in the uk through mum's British citizenship as she currently fends for me and my daughter. its been challenging securing a job offer as most company in my line of career(i am a software engineer) requires immigration status to be more 'settled' rather than the student.
Could you tell me the outcome of the case for the 7 year concession law that took place 24,25,2, April 2012? This is another route i am looking at. I just want to have my own life as a mum and a worker.
Expert:  UK_Lawyer replied 2 years ago.

Hi,

 

The 7 year concession rules applies to children and not adults. There for I require the following information:

 

How long have you and your child been resident in the UK?

 

Customer: replied 2 years ago.
7 years - she has never left the uk.
Expert:  UK_Lawyer replied 2 years ago.

What you would need to do now is apply for indefinite leave to remain for your daughter whilst stating yourself as her only parent. If you have been a legally resident in the UK for over 10 years then you will also be allowed to apply for indefinite leave to remain.

 

Unfortunatley, you are unable to obtain citizenship through your mother as you are over the 18 and therefore, are considered a separate family unit. If you have not yet been legally in the UK for 10 years then when you apply for your daughter's indefinite leave to remain you should state that you have nothing to go back to in your home country and therefore, you will need to reside here to look after your daughter.

 

I hope this answerers your question. If so kindly click ACCEPT.

 

Kind regards,

 

 

 

Customer: replied 2 years ago.
What you would need to do now is apply for indefinite leave to remain for your daughter whilst stating yourself as her only parent. If you have been a legally resident in the UK for over 10 years then you will also be allowed to apply for indefinite leave to remain.

Are you saying that i should apply for indefinite leave to remain for my daughter? what then will my immigration status change to if i stated that am her only parent and state that i have nothing to go back to so i need to stay here and look after her.

My main concern is what then will my immigration status be?

I need some clarification on what my immigration status will be and the form to fill is the ILR- am i right?

Thanks for your assistance.
Expert:  UK_Lawyer replied 2 years ago.

Hi,

 

If you have been in the UK for 10 years legally you can apply for ILR and add your daughter as your dependent and she would also get ILR - By filling in the SET(M) form.

 

If you would like to apply for ILR for your daughter and state yourself as her parent on the form then if you daughter obtains ILR you would obtain discretionary leave to remain for 2 or 3 years. This will give you a more settled status then your current leave to remain.

 

Customer: replied 2 years ago.
If you would like to apply for ILR for your daughter and state yourself as her parent on the form then if you daughter obtains ILR you would obtain discretionary leave to remain for 2 or 3 years. This will give you a more settled status then your current leave to remain

I have been legally in the UK for the past 7 years switching visa from visit to my current status as a student due to expire in August 2012.

I suppose applying for ILR for my daughter is the only option as i am not up to 10 years. My mum , her grandmother is British , can i ask her to apply for her as she is British or can i do it my self? We live together as a family.(since my dad passed here in England).

Can you please state which is the better option?

Which form in particular do I need to fill as there are many forms(have just checked UKBA website)?

Thanks for your assistance.
Expert:  UK_Lawyer replied 2 years ago.

Hi,

 

The best option would be you applying yourself for her to be given ILR, this will show that you are her parent and are taken decisions on her behalf and are attached to her emotionally. It would however, be worth mentioning in the application that your daughter's grand mother is British.

 

If your mother does the application on her behalf, it would lead the UKBA to believe that she is responsible for her not you. In addition you are her parent so the application would have to come from you.

 

 

Customer: replied 2 years ago.
My mum due to search for a council flat recently claimed benefit for her ( this is a UK requirement in order to get council flat if one has a child living with them). She was told she cannot get one unless she claimed public fund for her ( my daughter)

She disclosed my name as the mother on the form as well as we are have always lived with her. This is my question:

Will this affect my chances as my daughter is receiving public funds, if it will can the funds be refunded the application was only granted and benefits paid from february 2012.(She has always disclosed that we lived with her in all her application to the home office).

Again, thanks for the clarification and assistance.
Expert:  UK_Lawyer replied 2 years ago.

Hi, I will be happy to assist you further. However, before I answer you latest question kindly click ACCEPT.

 

 

Customer: replied 2 years ago.
For UK Lawyer only

I will in the end click ACCEPT.
Expert:  UK_Lawyer replied 2 years ago.
Hi,

It should not effect the application because this is being made on human rights and that supersedes it all.

The ukba may but as a condition that you pay back the benefits. The decision to take benefits was made by your mother not by your daughter.

I hope this answers your question. If so kindly click ACCEPT.

Kind regards,
Customer: replied 2 years ago.
I am quite pleased with your answer.

I need to know what form i am to fill to apply for ILR for my daughter and would like to know if i am better off doing this myself or employing the services of a solicitor.

Is the ILR in anyway connected to the 7 year concession law for children which has been abolished still viable(this depends on the outcome of the court case that was recently heard by the supreme court in 24/25/26 of April 2012).

Your advice would be greatly appreciated.
Expert:  UK_Lawyer replied 2 years ago.
The 7 year concession rule is at the discretion of the home office. Although they should be granting ILR they usually grant discretionary leave to remain. The form you should use is SET OThe case which you mentioned was regarding a mother who had an appalling immigration history, she accrued rights and was allowed to remain in the UK. I hope this answers your question. If so kindly click ACCEPT.Kind regards,
Customer: replied 2 years ago.
For UK Lawyer Only

Thank you. Is there a chance you can recommend any solicitor service expert in this area of the UK immigration law or any charity that primarily deals with ILR for children.

Would appreciate your reply.
Expert:  UK_Lawyer replied 2 years ago.

Hi, I will be happy to assist you further. However, before I answer you latest question kindly click ACCEPT

 

You can find further information regarding a solicitor in your area by going on to the following website:

 

http://www.lawsociety.org.uk/home.law

 

I hope this answers your question. If so kindly click ACCEPT, if you do not I will not get credited for my time.

 

Kind regards,

 

 

UK_Lawyer, Solicitor
Satisfied Customers: 2053
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience