ILR for child born in UK

[KiranAgam]

Hello everyone,
We applied AR, it was refused as well this week. Changed solicitor today. He will make a new application for us based on 10 years LR.
For me and my husband separately. For helping out who don't know things which we did not know.
1.My husband was dependant on me there we did not know if he can apply for LR application. But this solicitor said he can apply independently for ILR on the basis of LR.
2. Secondly we did not know if after refusal I can apply through this route. But the solicitor has confirmed after refusal of AR within 28 days I can apply. But earlier the better. We will apply within 14 days.
Hope these things help other people. As we did not know this information.
He recommended to go for new application rather than JR as we will lose right to work in that case. With this application we will retain our right to work.

For kids he said not to worry. I panicked and applied for them but I we did not needed to apply for kids.
I hope it helps.

[Abc499]

Hello everyone,
We applied AR, it was refused as well this week. Changed solicitor today. He will make a new application for us based on 10 years LR.
For me and my husband separately. For helping out who don't know things which we did not know.
1.My husband was dependant on me there we did not know if he can apply for LR application. But this solicitor said he can apply independently for ILR on the basis of LR.
2. Secondly we did not know if after refusal I can apply through this route. But the solicitor has confirmed after refusal of AR within 28 days I can apply. But earlier the better. We will apply within 14 days.
Hope these things help other people. As we did not know this information.
He recommended to go for new application rather than JR as we will lose right to work in that case. With this application we will retain our right to work.

For kids he said not to worry. I panicked and applied for them but I we did not needed to apply for kids.
I hope it helps.

None of this is new but may be you were not aware of it !
#10Y rules you can apply when you are 10Y lawfully, so dependent also can apply on their own if they complete 10Y.
#up to 28 days overstay can/will be disregard, so it is possible to apply.

I think your application was not much complex in the first place but you made it complex by not thinking about the consequences or not planning in advance correctly.

I would recommend to recheck if your lawyer inform you that after AR refused (and no valid visa now) if you made out of time ILR application still you will have work rights !!! You might not have work rights once AR refused (if visa expired already) and out of time application made.

one more thing, once out of time ILR application approved; keep in mind that this will likely to affect your citizenship application (if you wish to apply for citizenship) and you might not be able to get citizenship for 10Y from ILR approval date.

However if there is no strong ground for JR then now you do not have any other way except long residency ILR application. But you should know everything clearly to avoid any further surprise, specially recheck your work rights.

[KiranAgam]

Thankyou Abc,
Yes I think you are right, we might not be allowed to work but the solicitor was very confident about working.
I think we will have to try for premium appointment within 28 days to resolve it quickly.

Our previous solicitor did not raise this despite being so expensive. In 2014 my husband enquired from solicitor whether he can apply for LR, he was either told it is not clear or told not as a dependant.

This year was very tough for us in all areas of life. Not only ILR, everything has been difficult this year.

[Casa]

IMHO it would be unwise to submit your application in person. The PSC Case Workers simply don't have the level of authority to make a decision on any case which isn't 100% straightforward and may need further verification.

Note the official guidance under 7. When you can't use the service includes:
someone whose case is complex because of personal circumstances

The same checks will be repeated for an ILR application under Long Residence.