Child born outside 8 years in uk

[Rud]

Dear Advisor

My spouse had obtained citizenship few years ago and me and my child (14 years old) are in FLR M visa valid until apr 2024. We have competed 8 years in uk in different dependant visa categories and recently in flr M

My friend had suggested that my child is now eligible for ILR under new rule changes in 2022. Pls advise if my child can apply ilr irrespective of immigration statuses of both parents ? I’m not eligible for ilr until 2025.

[zimba]

I am afraid not as the child needs to have been granted leave under the private life rules: indefinite-leave-to-remain/new-visa-ilr ... l#p2073255

The child will settle with you in 2025

[Rud]

Thank you Zimba .

As per the new changes in 2022 for child ILR elgiblity says,

A child applicant who spend 7 years continuously in uk and gained permission to live on private life can now apply for ILR after 5 years.

I couldn’t understand on what scenario this
7 + 5 = 12 year settlement is required for child when 10 year route for settlement is already available.

[CR001]

A child only qualifies for ilr under the new rule if they hold an flr for private life visa etc. Your child does not hold such a category visa.

FLR M is not a private life route visa.

Your child will qualify for ilr when the other parent does or if and when the reach 10 years long residence in 2025 and meet all the long residence requirements including absence limit.

[vinny]

A child applicant who spend 7 years continuously in uk and gained permission to live on private life can now apply for ILR after 5 years.

Agrees with Zimba and CR001.

PL 14.1.

An applicant who has, or last had, permission to stay on the private life route as a child, or young adult who met the half-life test under PL 4.1, must have lived in the UK for a continuous qualifying period of 5 years with permission as set out in PL 14.3 or 14.4.

[zimba]

Thank you Zimba .

As per the new changes in 2022 for child ILR elgiblity says,

A child applicant who spend 7 years continuously in uk and gained permission to live on private life can now apply for ILR after 5 years.

I couldn’t understand on what scenario this
7 + 5 = 12 year settlement is required for child when 10 year route for settlement is already available.

Min 7 years being present in the UK but the last 5 years must have been under the private life route. Note that your child is under the family route, hence they will not qualify