Babies Born in UK and ILR Application

[lastlid]

What are your opinions on this question? As things stand are you more likely to succeed with your ILR application, if after you have arrived here on a Spouse or Fiancee visa, you give birth in the UK?

Wouldn't this add weight in support of evidence of cohabitation that the UKBA seem to seek? Particularly if you conceive in the UK.

And if you were to have 2 kids during :omg: the course of your 2 year visa would that add even more weight?

[joebloggs]

2kids in 2yrs, looks like you've not only been planning your ILR but also :shehumper:

of course it would help but you need to meet all the other criteria, not many are refused ILR, you done the hard working getting your settlement visa

but i doubt that if anything does goe wrong your wife would be removed from the UK as she could ask for access to the child, as the child would be British.

[lastlid]

2kids in 2yrs, looks like you've not only been planning your ILR but also :shehumper:

of course it would help but you need to meet all the other criteria, not many are refused ILR, you done the hard working getting your settlement visa

but i doubt that if anything does goe wrong your wife would be removed from the UK as she could ask for access to the child, as the child would be British.

Cheers for that. :xxgrinning--00xx3:

It was just my personal logic which seemed to be telling me that conceiving and having a child in the UK with ones sponsor would be further convincing evidence for the ILR application checkers of cohabitation (along with the proof of address documentation). But it was also my personal logic which told me that the UKBA might not necessarily see it that way, for whatever reason.

[lastlid]

......... as the child would be British.

And in our case Manx, maybe :omg:

[Terpe]

It's an interesting and valid question.

As joe says, ILR refusals are not common, but they can and do happen.
Don't be alarmed though, all of the ones I am aware of have involved very complicated situations that should, in my opinion, have been reviewed by an immigration advisor.

Provided the ILR application meets all requirements then it will be approved.

In the case you mention regarding Children. If for some reason the ILR could not be approved, and the application mentioned the children, then in my opinion the ILR would still be refused.
The ILR cannot be approved if it is not compliant.

Apart from the appeals system there is also something called Discretionary Leave to Remain.

You find read more about Discretionary Leave to Remain here (http://www.ukba.homeoffice.gov.uk/asylum/outcomes/successfulapplications/leavetoremain)
Look to the bottom of the page

I know of a number of cases where this was applied.

I'm not saying this is exactly what will happen. Just that both appeals and DLR are recognised routes if ILR is refused.

More research for you lastlid. :xxgrinning--00xx3:

[Steve.r]

My son was conceived in Phils born in Phils, he has a British passport. I think that is convincing enough. All his documents are in order, they have to be. So I am not sure it really adds any weight to the argument. :)

[lastlid]

In the case you mention regarding Children. If for some reason the ILR could not be approved, and the application mentioned the children, then in my opinion the ILR would still be refused.
The ILR cannot be approved if it is not compliant.

Okay. Thanks Terpe. :xxgrinning--00xx3: And now I need to research the Manx factor also.

[Terpe]

Okay. Thanks Terpe. :xxgrinning--00xx3: And now I need to research the Manx factor also.

I don't think you'll have any problems lastlid. Yours should be a straightforward case.

Well...............................just as long as you remain in IOM until ILR is granted by IOM immigration.

I have a distant recollection of somebody either leaving IOM to live in England or leaving England to live in the IOM. Anyway there was a major issue with compliance to duration of residence in UK or duration of absence from UK can't remember which.

I don't remember the outcome either but it might be something to research if you had any loose plans to relocate before ILR.

[lastlid]

I don't think you'll have any problems lastlid. Yours should be a straightforward case.

Well...............................just as long as you remain in IOM until ILR is granted by IOM immigration.

I have a distant recollection of somebody either leaving IOM to live in England or leaving England to live in the IOM. Anyway there was a major issue with compliance to duration of residence in UK or duration of absence from UK can't remember which.

I don't remember the outcome either but it might be something to research if you had any loose plans to relocate before ILR.

I read about that somewhere. A strange one. One would think that time spent on ILR would be transferable.....but again things are not always logical in the world of immigration. As it stands my wife has a UK Spouse visa with freedom to move within the UK and Islands. Oh well, we shall see. I will tuck that away for the future. Thanks. :xxgrinning--00xx3:

[joebloggs]

in most cases problems with ILR might come from the following list

the person had not taken or past the life in uk test
payment for ILR was refused by your bank for what ever reason and you didnt have time to sort it
not been in the UK for 2yrs- 28 days. so you applied too soon or worse too late

but if you've a child like terpe has said , worse comes to worse you'll probably be given DLR

oh i'm off now, go to go to the beach with the kids :Jump::D