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7 year child concession rule
Posted: Mon Feb 25, 2013 6:10 pm
by benneviss
Hi Guys ,
As you know this rule is now back from 9th July 2012 .
I have specific query ;
I am eligible to apply for ILR in April 2014 . My child will finish 7 years in June 2013 .
My question is , can my child apply for ILR in June 2013 or not ?
Should I take extension in June 2013 with my child ? I might not be able to make it in April 2014 on the income threshold ?
Re: 7 year child concession rule
Posted: Mon Feb 25, 2013 6:25 pm
by Amber
benneviss wrote:Hi Guys ,
As you know this rule is now back from 9th July 2012 .
I have specific query ;
I am eligible to apply for ILR in April 2014 . My child will finish 7 years in June 2013 .
My question is , can my child apply for ILR in June 2013 or not ?
Should I take extension in June 2013 with my child ? I might not be able to make it in April 2014 on the income threshold ?
Do you mean the rule for ilr for the parent of a child who has been here for 7 years? If so, it's the parent who get Leave to remain for an extra 3 years then applies for ilr after 10 years.
Re: 7 year child concession rule
Posted: Mon Feb 25, 2013 6:33 pm
by benneviss
Thanks for your prompt reply .
That means my child can not have ILR before I get , but child will have an extension of visa along with me , is that correct ?
quote="D4109125"]
benneviss wrote:Hi Guys ,
As you know this rule is now back from 9th July 2012 .
I have specific query ;
I am eligible to apply for ILR in April 2014 . My child will finish 7 years in June 2013 .
My question is , can my child apply for ILR in June 2013 or not ?
Should I take extension in June 2013 with my child ? I might not be able to make it in April 2014 on the income threshold ?
Do you mean the rule for ilr for the parent of a child who has been here for 7 years? If so, it's the parent who get Leave to remain for an extra 3 years then applies for ilr after 10 years.[/quote]
Re: 7 year child concession rule
Posted: Mon Feb 25, 2013 9:59 pm
by Amber
benneviss wrote:Thanks for your prompt reply .
That means my child can not have ILR before I get , but child will have an extension of visa along with me , is that correct ?
quote="D4109125"]
benneviss wrote:Hi Guys ,
As you know this rule is now back from 9th July 2012 .
I have specific query ;
I am eligible to apply for ILR in April 2014 . My child will finish 7 years in June 2013 .
My question is , can my child apply for ILR in June 2013 or not ?
Should I take extension in June 2013 with my child ? I might not be able to make it in April 2014 on the income threshold ?
Do you mean the rule for ilr for the parent of a child who has been here for 7 years? If so, it's the parent who get Leave to remain for an extra 3 years then applies for ilr after 10 years.
[/quote]
Yes if you apply for flr under the 7 year rule you'd both be given 2.5 year extensions then after that you could apply for ilr. There is some criteria I.e. would be unreasonable to expect child to return etc as I'm sure it would. Though if you can get ilr in another way it might be quicker? The child must have also lives here continuously and you must pass criminality.
Re: 7 year child concession rule
Posted: Wed Feb 27, 2013 9:19 am
by benneviss
Let me ask this question differently ?
Can my alone child apply for ILR on the basis of 7 year concession?
If child can apply for citizenship alone , can child apply for ILR alone ?
D4109125 wrote:benneviss wrote:Thanks for your prompt reply .
That means my child can not have ILR before I get , but child will have an extension of visa along with me , is that correct ?
quote="D4109125"]
benneviss wrote:Hi Guys ,
As you know this rule is now back from 9th July 2012 .
I have specific query ;
I am eligible to apply for ILR in April 2014 . My child will finish 7 years in June 2013 .
My question is , can my child apply for ILR in June 2013 or not ?
Should I take extension in June 2013 with my child ? I might not be able to make it in April 2014 on the income threshold ?
Do you mean the rule for ilr for the parent of a child who has been here for 7 years? If so, it's the parent who get Leave to remain for an extra 3 years then applies for ilr after 10 years.
Yes if you apply for flr under the 7 year rule you'd both be given 2.5 year extensions then after that you could apply for ilr. There is some criteria I.e. would be unreasonable to expect child to return etc as I'm sure it would. Though if you can get ilr in another way it might be quicker? The child must have also lives here continuously and you must pass criminality.[/quote]
Re: 7 year child concession rule
Posted: Wed Feb 27, 2013 11:00 am
by benneviss
Guru sorry to bother you again ,
But rule 276ADE (iv) , suggest that applicant would be a child ,
http://www.ukba.homeoffice.gov.uk/polic ... les/part7/
(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
The requirements to be met by an applicant for leave to remain on the
grounds of private life in the UK are that at the date of application, the applicant:
and my understanding is that child will use FLR(O) form.
However it is not clear that child will have ILR and parent will have 30 months extension
or
child and parent will have 30 month visa .
benneviss wrote:Let me ask this question differently ?
Can my alone child apply for ILR on the basis of 7 year concession?
If child can apply for citizenship alone , can child apply for ILR alone ?
D4109125 wrote:benneviss wrote:Thanks for your prompt reply .
That means my child can not have ILR before I get , but child will have an extension of visa along with me , is that correct ?
quote="D4109125"]
benneviss wrote:Hi Guys ,
As you know this rule is now back from 9th July 2012 .
I have specific query ;
I am eligible to apply for ILR in April 2014 . My child will finish 7 years in June 2013 .
My question is , can my child apply for ILR in June 2013 or not ?
Should I take extension in June 2013 with my child ? I might not be able to make it in April 2014 on the income threshold ?
Do you mean the rule for ilr for the parent of a child who has been here for 7 years? If so, it's the parent who get Leave to remain for an extra 3 years then applies for ilr after 10 years.
Yes if you apply for flr under the 7 year rule you'd both be given 2.5 year extensions then after that you could apply for ilr. There is some criteria I.e. would be unreasonable to expect child to return etc as I'm sure it would. Though if you can get ilr in another way it might be quicker? The child must have also lives here continuously and you must pass criminality.
[/quote]
Posted: Wed Feb 27, 2013 11:07 am
by Greenie
I think you are asking whether your child can directly qualify for ilr now, based on the fact that he has lived here for 7 years, the answer is no, it is not an automatic settlement application, if granted he will be granted limited leave for 2.5 years at a time and will need to spend 10 years in that route before being able to apply for ilr.
Posted: Wed Feb 27, 2013 4:56 pm
by benneviss
Guru what about this ,
What are chances of getting with this ? 9.17.9 particularly
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
Greenie wrote:I think you are asking whether your child can directly qualify for ilr now, based on the fact that he has lived here for 7 years, the answer is no, it is not an automatic settlement application, if granted he will be granted limited leave for 2.5 years at a time and will need to spend 10 years in that route before being able to apply for ilr.
Posted: Wed Feb 27, 2013 7:10 pm
by Amber
benneviss wrote:Guru what about this ,
What are chances of getting with this ? 9.17.9 particularly
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
Greenie wrote:I think you are asking whether your child can directly qualify for ilr now, based on the fact that he has lived here for 7 years, the answer is no, it is not an automatic settlement application, if granted he will be granted limited leave for 2.5 years at a time and will need to spend 10 years in that route before being able to apply for ilr.
This rule if for citizenship you were asking about ILR. Two different things, you need to have ILR/ILE (or the parent does) in order to get citizenship.
Posted: Wed Feb 27, 2013 10:20 pm
by Greenie
benneviss wrote:Guru what about this ,
What are chances of getting with this ? 9.17.9 particularly
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
Greenie wrote:I think you are asking whether your child can directly qualify for ilr now, based on the fact that he has lived here for 7 years, the answer is no, it is not an automatic settlement application, if granted he will be granted limited leave for 2.5 years at a time and will need to spend 10 years in that route before being able to apply for ilr.
Given that 9.17.9 say the following
Citizenship and immigration status of the parents
9.17.9 We should normally expect that:
•
at least one parent is a British citizen or
•
one of the parents has applied to be registered or naturalised as a British citizen and the application is going to be granted (if the parent’s application is to be refused, we should normally refuse the minor’s application as well);
and
•
the other parent is either settled in the United Kingdom (see Annex F to Chapter 6); or
•
whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (eg s/he has been granted Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.
there is next to no chance your child will be granted citizenship as neither parent is British or about to be granted citizenship.
Posted: Thu Feb 28, 2013 7:38 am
by benneviss
Thanks for your prompt reply .
I was just relying on
"whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (eg s/he has been granted Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom."
In our case we are near to settlement in April 2014 and no plan to go back.
Greenie wrote:benneviss wrote:Guru what about this ,
What are chances of getting with this ? 9.17.9 particularly
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
Greenie wrote:I think you are asking whether your child can directly qualify for ilr now, based on the fact that he has lived here for 7 years, the answer is no, it is not an automatic settlement application, if granted he will be granted limited leave for 2.5 years at a time and will need to spend 10 years in that route before being able to apply for ilr.
Given that 9.17.9 say the following
Citizenship and immigration status of the parents
9.17.9 We should normally expect that:
•
at least one parent is a British citizen or
•
one of the parents has applied to be registered or naturalised as a British citizen and the application is going to be granted (if the parent’s application is to be refused, we should normally refuse the minor’s application as well);
and
•
the other parent is either settled in the United Kingdom (see Annex F to Chapter 6); or
•
whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (eg s/he has been granted Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.
there is next to no chance your child will be granted citizenship as neither parent is British or about to be granted citizenship.