Indefinite leave to remain in Britain

[gkb101277867]

My grandad was telling me about a close friend of his today and his current situation and it has me really intrigued. So I'll start from the beginning.

The man came to the UK 9 years ago from Pakistan with his wife and 3 year old son. He has since had another son who was born in the UK.

He made an application for indefinite leave to remain for him and his family but it was rejected and he was told that he should leave the country. The decision was reviewed with the same result given.

What really got to me was when my granddad told me about his 12 year old son who has just started high school. All he knows is the UK and he has taken this whole extremely badly which is understandable.

My granddad mentioned that this man is going to apply again in a different way "via his kid/kids" as his cirumstances are very unique. The whole thing is very confusing to me and doesn't make sense. How can he apply via his kids? Surely it would be the same decision?

Anyway I realise this isn't an immigration forum and this topic is completely random but I couldn't help but imagine what the kid must be feeling right now. I imagined myself as a 12 year old and how I would feel. So I've been thinking about this quite a lot.

What do you guys think? Does he have a chance? Seems to me like he's clutching at straws applying again.

 

[KingKhanWC]

From what I know, the law was changed many years ago. Previously if you were born in the UK, you are automatically a British citizen but now you're not unless one of your parents are British.

 

[Pakistanian]

He could try moving to Canada, they take in everyone.

 

[AFM]

I thought you had to live in UK at least 10 years before being applicable for indefinite leave to remain

 

[Eagle_Eye]

From what I know, the law was changed many years ago. Previously if you were born in the UK, you are automatically a British citizen but now you're not unless one of your parents are British.

I don't think that's ever been the case. You are thinking of the USA.

 

[Eagle_Eye]

My grandad was telling me about a close friend of his today and his current situation and it has me really intrigued. So I'll start from the beginning.

The man came to the UK 9 years ago from Pakistan with his wife and 3 year old son. He has since had another son who was born in the UK.

He made an application for indefinite leave to remain for him and his family but it was rejected and he was told that he should leave the country. The decision was reviewed with the same result given.

What really got to me was when my granddad told me about his 12 year old son who has just started high school. All he knows is the UK and he has taken this whole extremely badly which is understandable.

My granddad mentioned that this man is going to apply again in a different way "via his kid/kids" as his cirumstances are very unique. The whole thing is very confusing to me and doesn't make sense. How can he apply via his kids? Surely it would be the same decision?

Anyway I realise this isn't an immigration forum and this topic is completely random but I couldn't help but imagine what the kid must be feeling right now. I imagined myself as a 12 year old and how I would feel. So I've been thinking about this quite a lot.

What do you guys think? Does he have a chance? Seems to me like he's clutching at straws applying again.

What you have missed out is what are circumstances he came? Did he come on work visa or assylum etc..?

 

[Cpt. Rishwat]

It must be traumatic for his son who is at the worst age to have to move to an alien culture, but the govt doesn't really have much option here. The father has chanced his arm on moving abroad without proper qualification.

 

[gkb101277867]

What you have missed out is what are circumstances he came? Did he come on work visa or assylum etc..?

The details are sketchy and my grandad doesn't explain very well. As far as I'm aware he came here on a student visa and later got a work visa

 

[Bosanquet]

The details are sketchy and my grandad doesn't explain very well. As far as I'm aware he came here on a student visa and later got a work visa

If he has been on a genuine work permit/visa for over 4 years then he has a strong case for permanent residency. If however he had overstayed his student visa as an illegal immigrant then unfortunately he is likely to face deportation. Especially in the current "hostile environment" & brexit induced anti-immigrant climate. Very very unfortunate for his children.

 

[Halaribo]

You'd need to know a lot more details about the case.

For example, how is his case very unique? Sounds like a standard immigration case to me.

I'd be also interested which visas he has sustained his 9 year stay in the UK with.

 

[Gabbar Singh]

A situation that so many visa over stayers are facing. I was speaking to a guy at a wedding once who came to a fake college from India and then overstayed. His wife did the same. They now have 2 young kids however the Indian government, unlike the Pakistanis and others, do not issue passports for such children. The kids are effectively stateless and the parents use that as a reason to remain here. However they are caught in a limbo - the Brits cannot deport them as their kids are stateless however they still don't have a legal right to stay here therefore cannot work legally, hold a driving licence etc. So they work cash in hand for next to nothing (£5-6/hour) - in takeaways, salons, as carers, cooks for desi families etc.

 

[CricketCartoons]

A situation that so many visa over stayers are facing. I was speaking to a guy at a wedding once who came to a fake college from India and then overstayed. His wife did the same. They now have 2 young kids however the Indian government, unlike the Pakistanis and others, do not issue passports for such children. The kids are effectively stateless and the parents use that as a reason to remain here. However they are caught in a limbo - the Brits cannot deport them as their kids are stateless however they still don't have a legal right to stay here therefore cannot work legally, hold a driving licence etc. So they work cash in hand for next to nothing (£5-6/hour).

UK being a large hearted nation should easily accommodate such needy people, who may be immigrants now, but in future will call themselves native brits and will contribute to the british society.

 

[gkb101277867]

You'd need to know a lot more details about the case.

For example, how is his case very unique? Sounds like a standard immigration case to me.

I'd be also interested which visas he has sustained his 9 year stay in the UK with.

Came to the UK on a student visa and then had a work visa. He works at a family restaraunt. I don't think he has ever been an "illegal" or overstayer at any point

 

[gkb101277867]

If he has been on a genuine work permit/visa for over 4 years then he has a strong case for permanent residency. If however he had overstayed his student visa as an illegal immigrant then unfortunately he is likely to face deportation. Especially in the current "hostile environment" & brexit induced anti-immigrant climate. Very very unfortunate for his children.

It was genuine as far as I'm aware. He came on a student visa and then got a work visa working in a family business

 

[Cpt. Rishwat]

UK being a large hearted nation should easily accommodate such needy people, who may be immigrants now, but in future will call themselves native brits and will contribute to the british society.

If this was large hearted UK of EU times then it would be no problem, today's native Brits have changed tack post-Brexit. Timing is everything when it comes to political temperature, in five years time we may decide immigrants are a good idea after all.

 

[Bosanquet]

If this was large hearted UK of EU times then it would be no problem, today's native Brits have changed tack post-Brexit. Timing is everything when it comes to political temperature, in five years time we may decide immigrants are a good idea after all.

In 5 years time - if there is a hard brexit - Britain will be too poor to pay for skilled immigrants. Foreign IT workers, accountants, doctors & engineers will choose to go to other countries.
I have never before seen the number of junior doctors who are applying to the GMC for "good character certificates" that I am seeing now (they need this in order to work in other countries). My trainees mostly want to go to NZ/Oz/Canada/Germany; even effing USA. Un-bloody-believable. They are deeply depressed about the state of the country in general & the NHS in particular.

 

[Vegitto1]

If your child has lived int he UK for 7 years or more, you can apply for Leave to Remain under FLR(FP) route. The best interest of the child is paramount.

Credentials: Immigration Solicitor

 

[Halaribo]

Came to the UK on a student visa and then had a work visa. He works at a family restaraunt. I don't think he has ever been an "illegal" or overstayer at any point

Ok, so he finished his studies and then was he sponsored by anyone? I'm assuming he had a Tier 2 work visa?

That covers his family coming over and Tier 2 covers 5 years, but still leaves us with 4 years to cover.