Got 2 year visa instead of ILR

[arsboy007]

Hi,
My dad applied for my visa when I was just a few days to turn 18. He had ILR at that time. I got rejected. I appealed and it was successful but till that time my dad became a British citize and I had crossed 18 years.. Lawyer said that I was supposed to get an ILR. But all I got was a visa for 2 years stating 'visa to join parents'. So basically I am a dependent. But I've been working part time for a couple of months now.

My question is that when can I apply for an ILR, I've been in the UK for about 11 months. Some lawyers said that I can apply now, some saying that I'll have to wait for 2 years. What kind of visa is this and what I have to do next to apply for an ILR? Please help! I am about to be 20 soon.
P.S: I am allowed to work but cannot claim benefits.

I want help from all of you before spending huge sums for nothing. Thanks!

[geriatrix]

You cannot apply for ILR from outside the UK.

What was the immigration status of your mother when you applied for visa? And what is her current immigration status?


regards

[arsboy007]

You cannot apply for ILR from outside the UK.

What was the immigration status of your mother when you applied for visa? And what is her current immigration status?


regards

well i am in uk as my visa is still valid for a year and 2 months more from now. My STEP MOM is a british citizen and was even at the time when my case was filed. I am dependant on my dad and there is no one else who I can depend on. My mom is NOT a british citizen and was divored a decade ago.

I hope this helps.

[aosun007]

Lets face reality,it was your fault that you did not get the ILE at that period or let me say the fault was from your dad.
when they issued you with 2 years visa,you supposed to tell them that you have been issued with wrong entry clearance or your daddy supposed to ask you to go and complain to them,they would have changed it then.

my case
When i applied for visa and also went through appeal and won, they gave me another visa when i checked my visa ,i called the attention of the entry clearance officer instantly that a wrong visa has been given to me.The lady that attended to me issued right visa under 30 minutes.

You have 3 options now since you are over 18

1.You have to seek legal redress and it is 50/50.they might say that they always tell everyone to check the visa/leave to remain and ensure that it is correct when they recieve it.

2.Complete the 2 years as dependant then apply for ILR in your own capacity.

3.if you want to apply and get it now,use a competent immigration lawyer/OISC registered advisor.they know what to do.its a matter of reviewing your previous immigration history

[Obie]

Had you been coming with your dad, who was issued a spouse visa, then you would have been issued a 2 years visa in line with his.

As you are a family member under 18, you are entitled to have been issued an ILE , without the need for KOL UK.

I believe you should fight on this, as there is no qualifying period for you, as you are not a spouse, civil partner or unmarried partner of a British or settled person in the UK.

2. INDEFINITE LEAVE TO ENTER
Subject to the requirements of Paragraph 297 of HC 395, indefinite leave to enter the United Kingdom may be granted to a child under 18 years of age where:
* both parents are present and settled here, or are being admitted on the same occasion for settlement; or
* one parent is present and settled here and the other is being admitted on the same occasion for settlement at the time the child is seeking admission; or
* one parent is present and settled here or is being admitted on the same occasion for settlement, and the other parent is dead; or
* one parent is present and settled here or is being admitted on the same occasion for settlement, and has had sole responsibility for the child's upbringing; or
* one parent (or a relative) is present or settled here or being admitted for settlement, and there are "serious and compelling family or other
IDI Nov/09 CH8 SECT5A - CHILDREN
considerations" which make the child's exclusion undesirable, and suitable arrangements have been made for the child's care.

You can apply on Set (F), and refuse to pay the fee, on the grounds that the Entry clearance you were issued with, was not in accordance with the law.

[arsboy007]

Lets face reality,it was your fault that you did not get the ILE at that period or let me say the fault was from your dad.
when they issued you with 2 years visa,you supposed to tell them that you have been issued with wrong entry clearance or your daddy supposed to ask you to go and complain to them,they would have changed it then.

my case
When i applied for visa and also went through appeal and won, they gave me another visa when i checked my visa ,i called the attention of the entry clearance officer instantly that a wrong visa has been given to me.The lady that attended to me issued right visa under 30 minutes.

You have 3 options now since you are over 18

1.You have to seek legal redress and it is 50/50.they might say that they always tell everyone to check the visa/leave to remain and ensure that it is correct when they recieve it.

2.Complete the 2 years as dependant then apply for ILR in your own capacity.

3.if you want to apply and get it now,use a competent immigration lawyer/OISC registered advisor.they know what to do.its a matter of reviewing your previous immigration history

I really appreciate ur reply. But we were kinda misinformed by the lawyer. He never told us that there could be a mistake. I even called the hoome office and they didnt seem to get what I was trying to say. I was new here at that time and my dad left everything to the lawyer who is usually very good in every department but anyways.

Thats why I have posted here to know a bit more than to go personally and ask every lawyer. Some of the people may have faced similar cases like ours.

[arsboy007]

Had you been coming with your dad, who was issued a spouse visa, then you would have been issued a 2 years visa in line with his.

As you are a family member under 18, you are entitled to have been issued an ILE , without the need for KOL UK.

I believe you should fight on this, as there is no qualifying period for you, as you are not a spouse, civil partner or unmarried partner of a British or settled person in the UK.

2. INDEFINITE LEAVE TO ENTER
Subject to the requirements of Paragraph 297 of HC 395, indefinite leave to enter the United Kingdom may be granted to a child under 18 years of age where:
* both parents are present and settled here, or are being admitted on the same occasion for settlement; or
* one parent is present and settled here and the other is being admitted on the same occasion for settlement at the time the child is seeking admission; or
* one parent is present and settled here or is being admitted on the same occasion for settlement, and the other parent is dead; or
* one parent is present and settled here or is being admitted on the same occasion for settlement, and has had sole responsibility for the child's upbringing; or
* one parent (or a relative) is present or settled here or being admitted for settlement, and there are "serious and compelling family or other
IDI Nov/09 CH8 SECT5A - CHILDREN
considerations" which make the child's exclusion undesirable, and suitable arrangements have been made for the child's care.

You can apply on Set (F), and refuse to pay the fee, on the grounds that the Entry clearance you were issued with, was not in accordance with the law.

Wow that really enlightened a bit more hope inside me. I had never visited UK while my dad got his spouse visa. I came here on visit visa when I was a child. But when I applied for my visa my dad had ILR and even the lawyer said that I would be given the same thing if I applied before crossing 18. By the way can I still refuse to pay the fee now that I have crossed 18?

Once again to inform u all, I applied when I was an under 18, but when I got my visa(after appeal) I had crossed 18 and when I came to UK I was 19 and still 19.

Before the appeal was heard my dad was a citizen. But the 2 year thing is a bit confusing. Can we visit home office and seek professional advice or it's better to consult lawyers who differ in opinions?

I have a little problem with the term 'dependent'. I called home office and they told me that I am allowed to work as there is no restriction on my visa. But how much work is not mentioned as well? I am dependent so what sort of earnings shall I not exceed? and what sort of dependancy will I have to show to be in line with the terms of the visa? And yea I am doing Chartered accountancy privately so I am also continuing my studies.

Thanks a lot everyone for your advises, I really appreciate them and I am sorry for not being very well informed.

[vinny]

If you satisfied 297, then you should have been granted ILE.

If there is an error, then ask them to correct it.