Children ILR application refused and asked for Admin review

[Rosho]

Hi,
Could you please help me with the situation I ended up in:

I was given leave to enter to UK on 02/07/13 under tier 2 General along with spouse and three children as dependents for 3 years, later we extended the leave to 15/05/19.

I as a main candidate applied alone for ILR as a priority and granted ILR on 06/10/18, then I applied for ILR for my non UK born children as normal route. Soon after children ILR I applied for my wife visa extension as TIER 2 settled dependent as my spouse unfortunately have no school education to pass english language requirements or life in UK to be eligible for ILR.

My wife visa was extended to 22/05/22 while I was waiting for children ILR approval until recently I received a letter of refusal for all three children on the basis of 319J(e) ie Both of an applicant's parents must be lawfully settled in UK or being granted ILR .... etc

The HO have kindly granted me a chance for administrative review, Could you please help me with following as I don't want to bend the rule or interpret the rule mistakenly in my favour:

1-Can I claim that I am the sole surviving parent
2-As I am the only person working and the family survival is dependent on me, can I say that I was responsible for upbringing of my family/children
3-We have our fourth child born in UK in Feb 2014 and is now eligible to be register as UK citizen after my ILR, Can I say that by refusing ILR to my three non UK born kids there will be serious and compelling family reasons which would make it desirable not to refuse as my wife have LTR, I have ILR, the fourth child was born in UK and we have no means outside UK for the non UK born children.

Last question: I am sure I can still extend the children dependent visa but what if my spouse is unable to qualify ILR requirement for a long time to come. is there a away I can overcome this issue.

Sorry for the long post.

Many thanks

[CR001]

Your children didn't qualify for ILR if your spouse did not also apply.

1-Can I claim that I am the sole surviving parent

You are not the sole surviving parent. Sole surviving parent means the other parent has died.

2-As I am the only person working and the family survival is dependent on me, can I say that I was responsible for upbringing of my family/children

Your argument is weak and a non starter as you are not a SOLE parent where the other parent has died. Children on PBS dependent visas will qualify when your spouse does. There is no discretion on this as the immigration are very clear on this point.

3-We have our fourth child born in UK in Feb 2014 and is now eligible to be register as UK citizen after my ILR, Can I say that by refusing ILR to my three non UK born kids there will be serious and compelling family reasons which would make it desirable not to refuse as my wife have LTR, I have ILR, the fourth child was born in UK and we have no means outside UK for the non UK born children.

What serious and compelling reasons? You failed to read and understand the immigration rules. They should have applied for an extension with your spouse.

Last question: I am sure I can still extend the children dependent visa but what if my spouse is unable to qualify ILR requirement for a long time to come. is there a away I can overcome this issue.

You can apply for their extension if you meet the requirements, including the 90 days maintenance funds. No other way unfortunately.

[Rosho]

Thanks for the reply, yes I understand I should have not assumed that children can get ILR with one parent granted with ILR. I may try JR if AR is not successful.


Thanks again for the help.

[zimba]

Non UK born children follow the immigration path of the less privileged parent. Do not waste your money on JR

[Rosho]

Thanks, I will avoid JR for now

[Rosho]

Could you please help me with the following: as advised above I am filling pbs dependent visa extension form for my children.

Child1 as the first applicant have an option in current status LTR for entering the dates, the system then ask for a reason of staying beyond visa expiry date., this is where I entered reference to ILR refusal.

In the next section ie Travel history(UK) : have you ever been refused a visa for the UK... Do I have to select yes here and give the ILR refusal ref again.

Also in the section 'current status' on the child2 and child3 applications, there is no option to enter current visa dates and a reason for staying beyond dates.
Do I have to use travel to UK section and visa refused options.

Many thanks