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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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IMMIGRATION LAW THAT PROTECTS CHILDREN

Resolved Question:

SINCE I WAS MADE REDUNDANT AND AM ON A WORK PERMIT AND I HAVE KIDS WITH ME IN THIS COUNTRY IS THERE NO IMMIGRATION LAW THAT CAN PROTECT MY CHILDREN FROM BEING SENT OUT OF THE COUNTRY SINCE THEY HAD ALREADY SETTLED IN THIS COUNTRY (UK). I FEEL THAT MY CHILDREN WILL SUFFER FROM DEPRESSION IF I AM REMOVED FROM THIS COUNTRY.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.
Hi,

Thanks for your question.

If you or the children do not have any British ancestry and have secured your leave to remain in this country by way of Tier 2 visa only then I’m afraid that you have very limited rights to secure further leave to remain in this country. This can only be done by way of extension of your visa or by applying for settlement (for which you must have 5 years continuous residence under your Tier2 visa).

The UKBA will take the view that it was your decision to obtain your Tier 2 visa subject to the conditions of that visa and also your decision to bring the children here as your dependents. They are also subject to the conditions of that visa. Because you cannot secure a job offer from another licensed sponsor the conditions of your visa (and that of your children’s I regret to say) will mean that the UKBA will curtail your leave to remain.

There is no provision for securing leave to remain for children on the basis that they may become depressed when they leave the country. Children can only apply for leave to remain as child students cannot do so on the basis of publicly funded schools, only public funded higher education colleges.

The only conceivable way would be to attempt to claim asylum, but this must be a genuine claim and in practice only 19/100 are successful, they are always supported by a wealth of corroborative supporting evidence.

I am very sorry that it could not be better nbews.

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Kind regards,


Tom
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