Immigrationboards.com

Hello I need some advice for a friend.
She came on a visit visa with her 3 children (non EU) on 2020. They overstayed. Husband came to UK 2021 as a visitor-divorced her and married wife who is settled EU . He got settlement as spouse of a settled EU in 2022. Two of the oldest children also got EU settlement as a result in 2022. So today my friend just told me her two children will be eligible for ILR this December as they have been in the UK for 5 years. So her question is will she be able to make an application if her children are granted ILR as a parent of children with ILR even if she is currently an over stayer.
Thank you

Perhaps check the dates you have posted as if they came in 2020, it isn't 5 years.

Unsure what you are actually asking. If two of the three children already have settled status (or do you mean pre-settled status), then what exactly do they want to apply for?

Also unlikely the father got 'Settlement' or settled status. Likely it is 'pre-settled status' if that even as he wasn't an EU family member by the cut off date.

CR001 wrote: ↑

Sat May 13, 2023 3:48 pm

Unsure what you are actually asking. If two of the three children already have settled status (or do you mean pre-settled status), then what exactly do they want to apply for?

I assume OP wants to know if children's mother (who is an overstayer) can get a legal status herself.

CR001 wrote: ↑

Sat May 13, 2023 3:48 pm

Perhaps check the dates you have posted as if they came in 2020, it isn't 5 years.

Unsure what you are actually asking. If two of the three children already have settled status (or do you mean pre-settled status), then what exactly do they want to apply for?

Also unlikely the father got 'Settlement' or settled status. Likely it is 'pre-settled status' if that even as he wasn't an EU family member by the cut off date.

Apologies,children came to the UK on visit visa in 2018 and have never left.

Yes I meant pre-settled status, my bad. Am not good with these immigration terms.

meself2 wrote: ↑

Sat May 13, 2023 3:54 pm

CR001 wrote: ↑

Sat May 13, 2023 3:48 pm

Unsure what you are actually asking. If two of the three children already have settled status (or do you mean pre-settled status), then what exactly do they want to apply for?

I assume OP wants to know if children's mother (who is an overstayer) can get a legal status herself.

Yes,exactly that's the main question. And if it's a yes,how can she go about it. Thanks

She can't get status based on the children unless the children are British as far as I understand. Even then, it is a difficult route, 4 x 2.5 year visas first, not directly for ILR.