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Hi all,

I just applied for IRL under the 5 year- Tier 2 work visa, together with my child (10 year old) who accompanied me for the same 5 years (by 1 April 2019). We are non EU citizens. My partner joined me after 1 year (in 2015), so he is now in the fourth year under PBS dependent in the UK. However, surprisingly, while my application was successful, my child's application was rejected, simply because my partner did not apply for IRL (however he is unqualified yet). I applied for the administrative review and was again unsuccesful. That is so shocking news, I can't believe that they can reject a child and advise me to continue to sponsor her PBS visa. I never lost so much money for nothing like this, such a pain. Any advice for this? I wonder when my child can re-apply and if there is any way to get the IRL application fee refunded?
Many thanks.

You should have sought advice beforehand as the decision to refuse was correct as per rules. Non UK born children follow the immigration path of the less privileged parent, so in your case the father. Non UK born children can only be granted ILR if both parents have ILR

You also won't get the ILR fee back if an application is refused. The immigration rules are clear about pbs children.

Sorry to post in this thread but my case is almost similar.

I am applying for my T1 ILR 5 Year this month, visa valid till June 2020 so am not applying for my wife and kids, will apply for them once 1 get ILR. Will I be OK

teddybear79 wrote: ↑

Tue Apr 23, 2019 1:15 pm

Sorry to post in this thread but my case is almost similar.

I am applying for my T1 ILR 5 Year this month, visa valid till June 2020 so am not applying for my wife and kids, will apply for them once 1 get ILR. Will I be OK

Not similar at all. Please continue in your own topic you already have.

Many thanks for all of your feedback. To continue with the topic, I would like to consult you with the two questions:

1)Do you think that my child will be elligible to apply at the same time with my partner in a year, or will she needs to wait after he gets the IRL? It is so confusing as the rule is not very clear.

2) Should I use the solicitor service for the next application? I felt it is so risky to lose so much money though I have prepared the application very carefully and did not miss any documents. Any ideas are much apprecaited.

Kind regards.

1)Do you think that my child will be elligible to apply at the same time with my partner in a year, or will she needs to wait after he gets the IRL? It is so confusing as the rule is not very clear.

They can apply together

2) Should I use the solicitor service for the next application? I felt it is so risky to lose so much money though I have prepared the application very carefully and did not miss any documents. Any ideas are much apprecaited.

There is no need for solicitors in most cases. The ILR case will be straightforward