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Hello Experts,

I want to know whether I am eligible for ILR based on my son turning 7 in March. Here is my situation.

I 1st came to U.K. in June 2008 for a 3 year work permit. My visa got extended by 1.5 years as Tier-2 ICT after which my company did not extend my visa so I had to go back to India in December 2012. In March, my company's again sponsored my new TIER-2 ICT for 3 years and I was back in U.K.. When I contacted a solicitor , he said I am not eligible for ILR as there is a gap of more than 27 days.

Now, my son turns 7 in March end. I want to explore the option that based on my son, can I present a case that he is good enough and that he cannot settle outside U.K.? Can I apply for ILR based on this? Other thought I have is to complete 10 years which is still 3 years apart.

Any thoughts ?

Thanks
M

Any thoughts guys? I need some guidance.

Both the options are NOT possible to apply for ILR, as you've broken the continuity of your visa by applying new entry clearance T2 ICT in March 2013. The only option left over for you is to spend 12 months outside of the UK and then come again in T2 General visa with the suitable sponsor employer and spend 5 years in T2 General visa and then you would become eligible for ILR, if the UKBA rules stays as of now.

Was your son born in the UK? And has he stayed continuously in the UK?

While the rules on 7 years ILR for children are complex, if these two conditions are met, thee is a chance that he may be eligible for ILR, but you do not get a derived right of ILR based on that.

secret.simon wrote:Was your son born in the UK? And has he stayed continuously in the UK?

While the rules on 7 years ILR for children are complex, if these two conditions are met, thee is a chance that he may be eligible for ILR,

I cannot see any provisions under the Immigration Rules that supports the granting of ILR on this basis (47(ii)).