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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 766
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a permanent resident in the UK. My wife cannot pass her

Customer Question

I am a permanent resident in the UK. My wife cannot pass her English test so I asked her to extend under FLR (M). But someone advised me to apply for my children for ILR and I did. I read today that under para 298 of the UK's Immigration Rules, my children are not yet entitled to apply for ILR as my wife is not yet settled. Is this correct? If yes, what remedy can be done? Can I ask the Home Office if I can change the application?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.


Thank you for your enquiry. I am unaware of this rule that someone advised you. Your children's application if they are minors can also be based on the other parent who is settled. You have indicated that you have permanent resident, which means that you are settled. Your children will need to be assessed to decide whether they are entitled to register as British citizens if they are minors.