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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6521
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am permanant resident of u.k. but my two children,aged8 and

Resolved Question:

i am permanant resident of u.k. but my two children,aged8 and 4 are born and brought up in the u.k. and have been living since their birth. i got my indefinite leave to remain on 28/10/11 but their extention to stay is regected by home office on 17/04/11 . my question : can my children still elegible for indefinite leave to remain or british nationaly without leaving this country if they apply indepently for extention of stay or indefinite leave on basis of they are my dependent and under 18. thanks sanj
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi Sanj

Please state your nationality and that of your husband, and what visas both of you are on.

Kind regards.

Tom
Customer: replied 3 years ago.

dear XXXXX,

iam indian national and have indefinite to leave remain in the united kingdom,granted on 14/09/10 but my wife(married partner) is dependent on me(living with me here in the united kingdom since 31/12/2002) and both we have indian passports.

i have two childrens both have indian passports and they are also dpendents on me also(they are eight years and 4 years old) .

my wife with my children applied for extention of stay on basis of dependents to me but my wife's visa has refused on 14/04/11 on basis of wrong assesssment of qualification of bachelor degree by naric. my wife and children are still with me here .

question: Are my children who were all the time dependents on me since their birth (d.o.b: 29/11/03 and 19/10/2006) eligible for extension to leave

to remain temperory or permanant as my dependent without leaving this country(my funds formaintenance is fine and place to live andam earning well after to look after them ).

Expert:  Thomas replied 3 years ago.

Hi,

 

My understanding is that your wife and children were her as your dependents. They applied for an extension as your dependent. This was refused.

 

Why was she required to submit evidence of her academic acheivements when it was an application based on dependency?

 

Is there a reason why she and your children are not elibigle to apply for ILR at the same time as you? Presumably she has been in the UK the whole time that you have.


Tom

Customer: replied 3 years ago.

i got my indefinite leave to remain on the basis of long term residency(10 years) but my wife is in this country as my dependent for last 8 year so she didnt qualify for that so she applied two months later on 12/11/10 and her visas expired on 19/11/10.

though my children were born and brought up in this country (d.o.b:29/11/2003 and 18/10/2006) but i didnt apply their extension of visa or ILR inpendently (which iwas not advised by OISC ) and apply their extension of stay as dependent to my wife.

she required to submit academic qualification comparision by naric or should take test of english if she applied on or after 29/11/10.

Due to certain reasons application filed on 12/10/10(my wife as dependendent on me and my children on my wife) was never processed and we got answer (no refusal and no approval),instead we were asked to reapply the new form on 3rd februry for extension of stay of my wife.and children dependent on my wife.

But visa of my wife and my children dependents on her is refused on ground of overstay and academic qualification but i am not happy with the decision as we were asked to reapply (due to fees change and english language test)after expiry of visa and recommendation of comparision of academic qualification is wrong and incompitent(we have evidence from university letter stating that bachelor dgree was taught in english)

question:1) can still my children apply independently as my dependent(extension or ILR)?

2) do they have human right to live with their dad (as they are here)?

3) can my wife ask for review of her application(thought we didnt get chance for appeal) as her application decision taken is unfair and can go to tribunal on basis of human rights ground of family law and unfair decision due ti incompetency of comparision of third governing body.

Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.

 

I am still a little confused exactly about her previous status and her status now to be honest but I will answer your numbered questions in any event.

 

1) There is nothing to prevest your children applying independently as your dependent and separately to their mother.

 

2) Every person has a right to a family and private life. What you have to show and argue is that by insisting they are removed from the UK (if they this is attempted) both their human rights under article 8 and yours are infringed. You may get some traction with this yes, but you would really need a solicitor/counsel to make the argument for you.

 

3) You can request an Adminstrative Reviews of the documentation, citing which specific documentation you wish for the UKBA to re-examine, but this is generally only useful where their is a clear mis-compreheension of the documents by the UKBA.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up quesitons.

 

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6521
Experience: BA (Hons), PgDip, Practising Solicitor
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