Can I apply for my son ILR?

[pkelly]

Hi everybody I was wondering if someone could help me.

I've been in the UK legally for 15 years. I'm a British citizen now since 2013. My son arrived in the UK in 2009 when he was 2 years old.

After that I've applied for his non EEA family member 5 years visa. He was granted on the basis that at the time I had RoR from my ex EEA husband. My son is not my ex husband dependent.

So after 5 years run out, I've applied to renew my son's visa but was denied on the basis that I'm British now. Therefor British law applies.
I've appealed and lost both times. Now the HO has sent a letter they will be removing my 10 year old son
from the UK.

Just replay for a letter asking how removing my son will affect me and my family.

I've remarried a British citizen and had another 2 British children.

My question is can the HO remove a child without notice?

Can I apply for a ILR for my son, as I'm British only legal guardian. My son has been in England since 2009 but had 16 months break abroad with me because an eye condition, while visiting family abroad.

Please can someone help me?

[Dr_Lincoln]

Shocked, feel sorry for you - such an unfortunate situation. On what grounds you were refused the visa? I assume you are not going for the 7 year route because of 16 months gap?

In some of the recent cases deportations were made on weekends, i.e Fri-Sun without notice, this is when it is almost impossible to get in touch with your lawyer or get any sort of legal support. Your child could be subject to all sort of abuses as a result of deportation, let alone the emotional trauma he will go through and the impact this will have on his personal development.

It makes so much sense for your to immediately apply for a judicial review on Human Rights grounds. You have a very straight forward case from the limited information you have given here, and the scenario it represents. Good luck!

[pkelly]

Hi Dr_Lincon, thank you for your replay.

HO refused his visa on the grounds that I've become British citizen so EU law doesnt apply to my son anymore.

So now I'd have to apply under UK law. But everything just got out control.... I was going to apply for
family member under UK law, then I've received a letter from the HO saying there are removing my son out
the country.

Someone said I could go back to my country and apply for a ILR but that would take around 2 months,
I cant be out the country for 2 months as I have another 2 small kids to look after.

Was just wondering if would I succesfull if I apply from here.