ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

7 year child visa rule - uk school study for non uk born

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
Gudimetlavvenu
Newly Registered
Posts: 1
Joined: Mon Sep 18, 2023 9:22 am
Mood:
India

7 year child visa rule - uk school study for non uk born

Post by Gudimetlavvenu » Mon Sep 18, 2023 9:36 am

Hi

My son is an Indian National. He is in UK as my dependent. I have been on ICT tier 2 visa for last 4 years recently switched to general visa (skilled worker). My son has been studying in UK school for last 5 years.

I would like to get clarity on his eligibility to get ILR after being part of 7 years of UK education and all the rules and precedures associated with that ILR and citizenship process. Can someone address this question?
1. Is he eligible for this ILR ( as per 7 year child rule provisions)?
2. If he is eligible, can this process start now (after 5 years stay)?
3. Can you suggest the best way to get a full clarity on this.

Thank you

User avatar
alterhase58
Moderator
Posts: 8669
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: 7 year child visa rule - uk school study for non uk born

Post by alterhase58 » Mon Sep 18, 2023 10:01 am

I believe your son, as dependent, can only gain ILR when you yourself apply for ILR. Being educated in the UK doesn't confer advantages over the immigration rules. ILR and citizenship (naturalisation/registration) are separate processes with different sets of rules.
Others may respond in more detail.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
Moderator
Posts: 11462
Joined: Thu Feb 21, 2013 9:29 pm

Re: 7 year child visa rule - uk school study for non uk born

Post by secret.simon » Mon Sep 18, 2023 10:09 am

Gudimetlavvenu wrote:
Mon Sep 18, 2023 9:36 am
2. If he is eligible, can this process start now (after 5 years stay)?
I will leave it for others to answer in more depth, but you can only start the application after your child actually meets the requirements, because you will need to submit proof that the child meets the specific set of requirements. You can't start the application two years in advance, because by the time two years are up, the application form may have changed, the underpinning rules may have changed, it is possible that for any number of external reasons, the child does not meet the requirements, etc.

The 7 year pathway to ILR for children is relatively new, only a year old. And it is possible that it may have changed by the time your child actually completes 7 years residence in the UK.
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.

User avatar
zimba
Moderator
Posts: 23012
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: 7 year child visa rule - uk school study for non uk born

Post by zimba » Mon Sep 18, 2023 1:03 pm

There is no automatic 7-year path to ILR for children. The dependant children of migrant workers cannot benefit from changes introduced under the new Appendix Private life rules. The recent changes under that appendix only benefit non-UK born children who have been granted leave under private life. Children of skilled workers will follow the same path as their parents and settle when both parents settle.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Locked