Possibility of remaining in UK because of child

Hi,

I came into UK with my family on Tier2 ICT in 2010.
My son is having a cerebral palsy so in his interest it would be good to settle, as he is been going to school for past 4 and half years with all the facilities and statement are in place.

If I am unable to apply for settlement as a PBS migrant, can I apply to remain in the UK on the basis of my son's condition?

After 7 years of legal residence in the UK, assuming that he is under 18 years of age at that point in time, your son would become eligible for ILR.

As his parent, if you had to , you would be able to apply for Leave to Remain for 30 months (renewable), until you reach 10 years residence, when you can apply for ILR in your own right.

Thanks Simon.

Irrespective of my visa, my son would get ILR in Nov 2017 and then me and my spouse can be on T2G and dependant respectively.is that possible?

secret.simon wrote:After 7 years of legal residence in the UK, assuming that he is under 18 years of age at that point in time, your son would become eligible for ILR.

secret.simon, which immigration rules are being referred to here?

Secret Simon, could you please let me know how to apply when child is 7 years in the country? can we apply after year or it needs to be only after 7 years.

I apologise, but it turns out that my earlier advice was incorrect. I was under the impression that I had already corrected myself on this thread, but evidently I haven't.

After 7 years of residence, your child can apply for a 2.5 visa of Further Leave to Remain, which can be repeated upto four times until s/he reaches 10 years of legal residence, at which point s/he becomes eligible for ILR in his/her own rights (Paragraph 276ADE).

Do note (underlined and highlighted text):

276ADE(1) wrote:(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK

geethat03 wrote:My son is having a cerebral palsy so in his interest it would be good to settle, as he is been going to school for past 4 and half years with all the facilities and statement are in place.

Surely this would count towards the unreasonableness of the child leaving the UK.

Maybe. The onus will still be on the applicant to prove why he/she cannot return to the country where he/she lived with the same medical condition before coming to UK.

My intention was just to make the OP aware of the mandatory condition that will need to be proved (contrary to the perception that this is an entitlement with no strings attached).

Thanks Sush and Simon.Can i apply based on my child condition before my current visa expire i.e in jan 2017. by that time i would have completed 6 years 2 months or i can only apply after 7 years.
so i need to apply for T2G extension and once my son completes 7 years then i can apply for independent visa for him to get it settled.is that my understanding correct?

Any application under 276ADE(1) will fail before the qualifying residence period as mentioned is completed.
You must apply for PBS extension, or any immigration category that you qualify under, before your current leave expires. Likewise for any dependants.

is it possible to apply for FLR(O) category based on my child case and his best interest in case i find difficult for extending the visa or any unseen circumstances.

Hi, what is the possibility when applying FLR o or M depending on my childs condition.do we need to pay NHS surcharge for FLR application?

sushdmehta wrote:The onus will still be on the applicant to prove why he/she cannot return to the country where he/she lived with the same medical condition before coming to UK.

Yes, you will be required to pay IHS.
And I believe the appropriate form would be FLR(FP), and not FLR(O).

Thanks Sush.Child came into this country when we do not know his circumstances but it has been found here when doing child review and vaccination.

AFAIK and I stand to be corrected, leave under this category is not an easy one to get, and takes several months to be granted in the best of cases.

Thanks Sush.Please suggest what is the best option for me or my son to get ILR?

i) he still have 2 years for the completion of 7 years
ii) I need to have 4 and half years for the completion of 5 years under T2 G and with job and sponsorship, difficult to predict
iii) I need to have another 5 years for 10 year long route

could you please suggest?what is the best option in interest of child i have?