ILR (descretion) based on 7 years

[Good]

Hi,

My colleague has been in this country for more than 7 years. He doesn't wait to complete his 10 years stay and would like to apply on the basis of his child who has been in this country for more than 7 years. Does any one know what is the procedure? Will there only be one application for the whole family or individual applications for each member of the family.

Can anyone refer a good solicitor who deals with such cases?

Thanks,

[Greenie]

what leave does your colleague currently have? Why doesn't he want to complete the 10 years

The 7 year child policy was withdrawn in December 2008. Although the fact that the child has been here for 7 years would still be a relevent factor in considering whether to remove a family or regularise their stay in the UK - see the recent Zimbabwean country guidance case (this point is relevent not just to Zimbabweans),

http://www.bailii.org/uk/cases/UKUT/IAC ... we_cg.html



I think it would be very risky making an application for ILR on this basis. The application would be outside the immigration rules and would stand a high chance of being refused.

[Good]

Thanks Greenie. He came to this country with his family on student visa and is on work permit now. I believe that his work permit will expire in 2014. Immigration rules keep changing so he would like to apply on the basis of his child's stay in this country. Will that be one application or separate for every member of the family?

A legal rep reference who specialises in such cases will be appreciated.

Thanks a lot

[Greenie]

Thanks Greenie. He came to this country with his family on student visa and is on work permit now. I believe that his work permit will expire in 2014. Immigration rules keep changing so he would like to apply on the basis of his child's stay in this country. Will that be one application or separate for every member of the family?

A legal rep reference who specialises in such cases will be appreciated.

Thanks a lot

there is no basis for him to apply now as the policy has been withdrawn and in any case related to families at risk of removal. If he has a visa until 2014 then he should wait until then to apply for ILR.

Given that he has a visa for another 3 years it is very unlikely that they would grant him ILR outside the rules due to the child being here for 7 years. There is no basis for this application to be granted, particularly as the family are not at risk of removal and have a right to remain here for a further 3 years.

[Good]

Thanks Greenie. He came to this country with his family on student visa and is on work permit now. I believe that his work permit will expire in 2014. Immigration rules keep changing so he would like to apply on the basis of his child's stay in this country. Will that be one application or separate for every member of the family?

A legal rep reference who specialises in such cases will be appreciated.

Thanks a lot

there is no basis for him to apply now as the policy has been withdrawn and in any case related to families at risk of removal. If he has a visa until 2014 then he should wait until then to apply for ILR.

Given that he has a visa for another 3 years it is very unlikely that they would grant him ILR outside the rules due to the child being here for 7 years. There is no basis for this application to be granted, particularly as the family are not at risk of removal and have a right to remain here for a further 3 years.

Thanks a lot. This makes sense to me. I have passed it on to him. Regards