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ILR 10 years lawful resident

Posted: Mon Jul 26, 2021 1:33 pm
by dejiakin
Hi there,

My scenario is my minor child came into the UK when he was three years old.

He has been in the UK lawfully for 10 continuous years now. I have not accrued the 10 years continuous resicdence yet.

My question is: can he on his own right apply ILR based on the 10 year lawful continuous residence bearing in mind that he was not born here and is still a minor?

Re: ILR 10 years lawful resident

Posted: Mon Jul 26, 2021 1:47 pm
by CR001
Anyone who meets all the requirements and has 10 years of lega stay (visas) can apply for ILR based on long residence. It makes no difference if they are a minor born abroad.

What is the full UK immigration status of the child and all visas held?

Re: ILR 10 years lawful resident

Posted: Mon Jul 26, 2021 8:40 pm
by dejiakin
The child came as a dependant under HSMP in 2009 but I was affected with the tax issues and was refused ILR but eventually got the 30 months visa under family life after Upper tribunal approval.

Re: ILR 10 years lawful resident

Posted: Mon Jul 26, 2021 8:42 pm
by dejiakin
Please note, I applied for the child under 10 years long residency but he was refused because non of his parents are settled.

Re: ILR 10 years lawful resident

Posted: Mon Jul 26, 2021 9:20 pm
by CR001
dejiakin wrote:
Mon Jul 26, 2021 8:42 pm
Please note, I applied for the child under 10 years long residency but he was refused because non of his parents are settled.
Which form did you use?? SET O or SET F or SET LR or SET M??

Re: ILR 10 years lawful resident

Posted: Mon Jul 26, 2021 9:21 pm
by CR001
dejiakin wrote:
Mon Jul 26, 2021 8:40 pm
The child came as a dependant under HSMP in 2009 but I was affected with the tax issues and was refused ILR but eventually got the 30 months visa under family life after Upper tribunal approval.
What date was ilr refused and what date did you apply and was the child granted 30 months leave to remain?

Re: ILR 10 years lawful resident

Posted: Fri Jul 30, 2021 1:38 pm
by dejiakin
I applied for my son's ILR in August 2020 while mine was still pending approval and it was refused in July 2021 with mine still pending. However, we all have the 30 months family visa which runs out in January 2022 as that was what we got granted after the Upper tribunal decision on our FLR.

Re: ILR 10 years lawful resident

Posted: Sat Jul 31, 2021 6:02 am
by hina_pirzada
If ur child has continious 10 years lawful residence than u submit his application by using form SET (LR). His application will consider its on merit.