10 yrs in the UK

Hi,

I am asking on behalf of one of my friend.She wants to know if she can apply visa for her daughter based on child in 10 yrs in the UK and she was born in the UK. Her marriage life not going smoothly and she doesn’t want to dependant on her husband for visa. She will be Eligible for ILR in end of 2022 but her daughter already completed 10 yrs.

History
·      Student visa from 2011 to 2015
·      DaughterBorn in 2012
·      Apply FLRFP based on private life Apply 2015
·      Application reject and administrative review reject 2017
·      Left country 2017
·      Applied new dependent visa from the home country after 4 months in 2017
·      Entered in the UK 2017
·      Dependent visa extension 2020
·      Eligible for ILR End of 2022

Thanks

Hello everyone,

Anyone can advice on this ?

Thanks

What is the immigration status and history of her daughter?

Note that her UK-born daughter may be entitled to register directly.

Thanks Vinny,

Currently, she is in the UK and she hold Dependent visa based on her father’s visa.

Immigration History

· Daughter was Born in 2012
· Applied FLRFP based on private life Apply 2015
· Application reject and administrative review reject 2017
· Left country 2017
· Applied new dependent visa from the home country after 4 months in 2017
· Entered in the UK 2017
· Dependent visa extension 2020
· She has already turned into 10

Thanks

If they use Discretion to allow excess absences in the first 10 years of a child’s life

Section 1(7) of the British Nationality Act 1981 gives discretion to allow absences of more than 90 days in any one or more of the first 10 years of the person’s life. You should normally waive excess absences if:

• the number of days absent from the UK in any one of the years does not exceed 180 days and the total number of days over the 10 year period does not exceed 990 days
• the number of days absent exceeds 180 or 990 respectively but was due to circumstances beyond the family’s control, such as a serious illness

You must not waive excess absences over 180 days in a single year or 990 days in the 10 year period where:

• the applicant was unaware of the requirements
• the parents’ absences with the child were entirely voluntary

then she’s entitled to register under Section 1(4) from her 10th birthday. Else, while being a minor, she will be entitled to register under Section 1(3) directly after a parent is granted ILR.

Thanks again.

She Left the uk 2017 and reapply the new dependent visa from the home country after 4 months in 2017. Do you think this will not break her continue stay in the UK?
Thanks

If they use discretion to disregard her absences that exceeded 90 days, as quoted above, then she will be entitled to register under Section 1(4). Ask them when applying?

Thanks Again for all the references.

The child is super talented. She is doing really well in academic and super good in sports.

She does play one of the popular game of Britain and she is top 30 in the UK in her age group and county team player. Does this help her to support her application ?

Thanks

I’m sorry if my answers has made you worried. I really don’t see why they wouldn’t normally use discretion to waive an excess absence of only a month or so?

In the unlikely event that they refuse, then ask for a review and cite their Guidance.

Do let us know what happens.

See also Children can now apply for a waiver of citizenship fees.

Thanks vinny

Does her daughter qualify under the new route of Private life. Her daughter spent almost 10yrs now in the UK since she born here.

Quick timeline of her daughter stay in the UK.

· Daughter Born in 2012(UK)
· Left country 2017
· Applied new dependent visa from the home country after 4 months in 2017
· Entered in the UK 2017
· Dependent visa extension 2020
· Eligible for ILR End of 2022

Thanks

When is her birthday? Register her under Section 1(4) from her 10th birthday.