CJ2015

I haven't checked this board for a bit, and saw your response, BritInParis. Thank you!

You cannot apply from within the UK as a non-resident, i.e. leave to remain for less than six months.[/QUOTE]

We will leave the UK and apply for ILR.

Is there a strong chance of getting it if we apply from Ireland (rather than returning to Canada)?

And how long is it advisable to be outside of the UK (in either Ireland or the UK) before applying for ILR, ie., 3 months?

SanDiegogirl

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SanDiegogirl

We will leave the UK and apply for ILR.

Is there a strong chance of getting it if we apply from Ireland (rather than returning to Canada)?

And how long is it advisable to be outside of the UK (in either Ireland or the UK) before applying for ILR, ie., 3 months?[/QUOTE]

Can you provide details as to your current situation, since to obtain Indefinite Leave to Remain (ILR) one, usually, needs to have been residing in the UK for anything up to 5 years - and one does not need to go to another country outside of the UK to apply for ILR.

As I understand it you moved to Ireland under the SS route, and were efused an EEA Family permit. You then "moved" to Wales and have been there for some 6 weeks or so - children came in as visitors.

I'm trying to work out what it is you are trying to achieve as from your history you are not able to obtain ILR.

You are a Brit - your children are not. At one stage you were told to register your children as British citizens and/or get a settlement visa for them.

I think you might have got confused as to what you need to do.

BritInParis

You could apply from the RoI but without knowing exactly what your Irish immigration status is I think it would be safer to apply from Canada given that there is no ambiguity regarding your children's status there as they are Canadian citizens. You can apply immediately upon your return.

NB: You are applying for a settlement visa for your children. All things being equal they will be granted Indefinite Leave to Enter as they are outside the UK. Indefinite Leave to Remain is when you apply from within the UK. After three years in the UK with you then your children can be registered as British citizens using Form MN1 providing they are still under 18.

Moses2013

You seem to be an expert in this area. We had another poster in the Irish section and I recommended to check out this route as they didn't fulfil income requirements for UK. I would assume that many people probably never really end up in the UK after all, unless they really miss family in UK? Just thinking that once you make the effort to apply for jobs in Ireland, secure employment etc. it's often not worth going back to UK and with Brexit might be even worth looking at Irish Citizenship. You are still close enough to family if you live in Ireland.

CJ2015

Thank you so much, BritInParis.

Another query. I am on JSA right now; will that be used against us in our application?

CJ2015

Thanks for the suggestion, Moses. We have already tried the SS route, and we do love being in the UK. Ireland is great in many ways, but is not our cup of tea.

SanDiegogirl

You are claiming Job Seekers Allowance?

How do you expect to apply for settlement visas for your children if you are claiming benefits?

You need to show that you have adequate maintenance and accommodation for the support of the children. ie monetary resources/income.

CJ2015

This question was directed to BritInParis as he understands the intricacies of the UK system.

SanDiegogirl

..... that he does

DaveLovesDee

Better than some of the Home Office caseworkers, going by some of the Home Office refusal letters I've seen posted by applicants.

BritInParis

SanDiegogirl is correct. In order for the applications to be approved you will need to demonstrate your children "can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds."

To quote the guidance: “adequate” and “adequately” in relation to a maintenance and accommodation requirement shall mean that, after income tax, National Insurance contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of Income Support.

The Immigration Rules do not specify the level of income or amount of funds sufficient for ‘adequate’ maintenance. This will be case specific and depend on the number of dependants in the family unit. If dependants of the main applicant are going to accompany them to, or remain with them in, the UK, then sufficient resources must be available for the whole family unit to be adequately maintained, regardless of their nationality or immigration status.

More information here: https://www.gov.uk/government/upload..._8_Annex_F.pdf

SanDiegogirl

How do you get your hands on all this info so quickly? Would have taken me a good few minutes to get all this together.

You must have a "directory of information" on hand

BritInParis

It's all available from the Home Office - just a matter of knowing where to look!

CJ2015

This is what I was looking for, BritInParis. Thank you so much!