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Settlement eligibility for child after 7 years

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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highend2023
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Settlement eligibility for child after 7 years

Post by highend2023 » Wed Apr 26, 2023 5:26 pm

Hi all,

I am on Long term ICT and have been in UK from 2007-2008, 2011-2016 and 2017 until now. My child was born in UK in 2007 and my wife and kid are on dependant VISA. We were back in India for 3 years Sep-2008 until Aug-2011 and again for 1.5 years Mar-2016 until Sep-2017 (went for VISA cooling period). My daughter has schooled in UK from 2011 starting with reception for 11 years (with 1 year break in 2016-2017 where she studied in India). She is 16 now and in Year 11. Will she be eligible for settlement visa based on the 7 year completion criteria ? She will be 17 years 5 months when she completes 7 years based on the entry date of September 2017. I have my long term ICT visa expiring in 2026 August.

Thanks in advance.

Regards

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zimba
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Re: Settlement eligibility for child after 7 years

Post by zimba » Wed Apr 26, 2023 6:26 pm

Probably not if she is not under private life route: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085439
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

secret.simon
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Re: Settlement eligibility for child after 7 years

Post by secret.simon » Thu Apr 27, 2023 4:19 pm

As @zimba mentions in the thread they linked to above, another element required for ILR is to show that it is unreasonable for the child to leave the UK. Even children born in the UK and who have lived here all their lives need to meet this test.

In your child's case, they have lived extensively abroad and even done a year of schooling abroad. Therefore they seem to be able to adjust to life outside the UK fairly easily. Therefore the "unreasonable" requirement would be much harder to prove.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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