ILR for Child born outside of UK, parent on ILR

[RPUK2022]

Dear helpers,

I am currently on ILR via long residence route, not completed 12 months on my ILR yet. My child is still on T2 ICT PBS dependent which is due to expire now. I have a query regarding her next visa/Citizenship.

Question = Can I directly apply for her ILR via Long Residence route (7 years for Child, I think)?
Situation = She was born outside of UK and was absent in UK for 8 months during her last 9 years in UK. First entry in UK 2013, absence in year 2017 so continuous residence of 4 years (from 2013 to 2017) and then gap of 8 months and then another 4.3 years (from 2017 till date). Total stay in UK is 9 years with a gap of 8 months in between.

Does this absence count as non-eligible for Child? Can I still go ahead and apply her visa as ILR on the basis of 7 years or do I need to wait for another continuous residence of 7 years started after absence? If I have to wait for her continuous residence, which Visa she can move now and wait for new more years?

Appreciate your suggestions and recommendations. Thank you.

[CR001]

Question = Can I directly apply for her ILR via Long Residence route (7 years for Child, I think)?

There is no such thing as a 7 year route ILR for children. The 7 year route applies for the FLR(FP) visa route. Long residence is 10 years legal stay for all applicants.

Situation = She was born outside of UK and was absent in UK for 8 months during her last 9 years in UK. First entry in UK 2013, absence in year 2017 so continuous residence of 4 years (from 2013 to 2017) and then gap of 8 months and then another 4.3 years (from 2017 till date). Total stay in UK is 9 years with a gap of 8 months in between.

Any absence of 6 months or more breaks the continuity of residence for ILR based on 10 years long residence regardless of age of applicant.

Does this absence count as non-eligible for Child? Can I still go ahead and apply her visa as ILR on the basis of 7 years or do I need to wait for another continuous residence of 7 years started after absence? If I have to wait for her continuous residence, which Visa she can move now and wait for new more years?

What is the immigration status of the other parent?

[vinny]

Dear helpers,

I am currently on ILR via long residence route, not completed 12 months on my ILR yet. My child is still on T2 ICT PBS dependent which is due to expire now. I have a query regarding her next visa/Citizenship.

Question = Can I directly apply for her ILR via Long Residence route (7 years for Child, I think)?

No. There is no 7 years Long residence ILR route for child.

Situation = She was born outside of UK and was absent in UK for 8 months during her last 9 years in UK. First entry in UK 2013, absence in year 2017 so continuous residence of 4 years (from 2013 to 2017) and then gap of 8 months and then another 4.3 years (from 2017 till date). Total stay in UK is 9 years with a gap of 8 months in between.

Does this absence count as non-eligible for Child? Can I still go ahead and apply her visa as ILR on the basis of 7 years or do I need to wait for another continuous residence of 7 years started after absence? If I have to wait for her continuous residence, which Visa she can move now and wait for new more years?

Appreciate your suggestions and recommendations. Thank you.

The 7 year limited leave for children under 276ADE (1)

(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; or

is also subject to the same absence restrictions as with the normal 10 year ILR requirements. I.e cannot be absent for over continuous six months, etc.

[RPUK2022]

Question = Can I directly apply for her ILR via Long Residence route (7 years for Child, I think)?

There is no such thing as a 7 year route ILR for children. The 7 year route applies for the FLR(FP) visa route. Long residence is 10 years legal stay for all applicants.

Situation = She was born outside of UK and was absent in UK for 8 months during her last 9 years in UK. First entry in UK 2013, absence in year 2017 so continuous residence of 4 years (from 2013 to 2017) and then gap of 8 months and then another 4.3 years (from 2017 till date). Total stay in UK is 9 years with a gap of 8 months in between.

Any absence of 6 months or more breaks the continuity of residence for ILR based on 10 years long residence regardless of age of applicant.

Does this absence count as non-eligible for Child? Can I still go ahead and apply her visa as ILR on the basis of 7 years or do I need to wait for another continuous residence of 7 years started after absence? If I have to wait for her continuous residence, which Visa she can move now and wait for new more years?

What is the immigration status of the other parent?

Thank you very much for your quick response.

The immigration status of other parent is also ICT T2 PBS dependent, expiring soon. So given above, they both dependent can only extend their stay in UK via Family Visa - Partner/Spouse/Child - right? If I move them to Family Visa now, will their time spent on current visa will also be considered or it will start from zero again? (they have already spent 4 years after the break). Thanks again.

[CR001]

So given above, they both dependent can only extend their stay in UK via Family Visa - Partner/Spouse/Child - right?

Correct, provided you meet the requirements.

If I move them to Family Visa now, will their time spent on current visa will also be considered or it will start from zero again? (they have already spent 4 years after the break).

The 5 year ILR clock is reset to zero yes. You cannot combine family visa FLR(M) with PBS dependent visa to make up 5 years for ILR.

Long residence has the strict absence limit so if your spouse was also absent for 8 months, they won't qualify for long residence ILR.

[RPUK2022]

So given above, they both dependent can only extend their stay in UK via Family Visa - Partner/Spouse/Child - right?

Correct, provided you meet the requirements.

If I move them to Family Visa now, will their time spent on current visa will also be considered or it will start from zero again? (they have already spent 4 years after the break).

The 5 year ILR clock is reset to zero yes. You cannot combine family visa FLR(M) with PBS dependent visa to make up 5 years for ILR.

Long residence has the strict absence limit so if your spouse was also absent for 8 months, they won't qualify for long residence ILR.

Thank you again for the response. In short, they will have to move to Family Visa to extend their stay and wait for continuous 5 years to become eligible for ILR.

[RPUK2022]

Dear helpers,

I am currently on ILR via long residence route, not completed 12 months on my ILR yet. My child is still on T2 ICT PBS dependent which is due to expire now. I have a query regarding her next visa/Citizenship.

Question = Can I directly apply for her ILR via Long Residence route (7 years for Child, I think)?

No. There is no 7 years Long residence ILR route for child.

Situation = She was born outside of UK and was absent in UK for 8 months during her last 9 years in UK. First entry in UK 2013, absence in year 2017 so continuous residence of 4 years (from 2013 to 2017) and then gap of 8 months and then another 4.3 years (from 2017 till date). Total stay in UK is 9 years with a gap of 8 months in between.

Does this absence count as non-eligible for Child? Can I still go ahead and apply her visa as ILR on the basis of 7 years or do I need to wait for another continuous residence of 7 years started after absence? If I have to wait for her continuous residence, which Visa she can move now and wait for new more years?

Appreciate your suggestions and recommendations. Thank you.

The 7 year limited leave for children under 276ADE (1)

(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; or

is also subject to the same absence restrictions as with the normal 10 year ILR requirements. I.e cannot be absent for over continuous six months, etc.

Thank you for your response. This is useful. Their current continuous time spent in UK (4.3 years) is of no use when they will now shift to Family Visa. It will reset and start again. Is there any other category of visa I can apply to save this time please? Thanks

[CR001]

Is there any other category of visa I can apply to save this time please?

No, there is no other route to save time.