Immigrationboards.com

Hello,

I have a rather specific question about my son's Indefinite Leave to Remain (ILR) application, and I'm hoping someone can help clarify it for me.

Here's my situation: I've been on a Tier-4 student visa for over 8 years in the UK, and my husband and son are on Tier-4 dependent visas. My son was born in the UK and has completed his 7-year stay here. I'd like to apply for ILR on his behalf, but I'm a bit confused about which application route to choose. There are two options available:

1. Child Settlement Route

2. Family Route

I believe I should select the "Child Settlement" route, but there's one particular question in the online form that's puzzling me:

"Parental Status in the UK." The question reads: "Are all the people who have parental responsibility for you either:
-A British Citizen
-Settled in the UK
-Applying for settlement

Yes or No

I'm inclined to choose "Yes" as I am still on a Tier-4 student visa. However, there's another part of the form that requires an explanation if there are "serious and compelling reasons you should be considered for settlement." I'm uncertain about what should be written in this section.

Additionally, I'd like to ask if there's anything else that I might be missing or should be aware of before proceeding with this ILR application for my son. Your insights and advice are invaluable to me, and I want to ensure that I have all the necessary information to make this process as smooth as possible. Any further guidance or tips would be greatly appreciated.

Thank you all for your assistance and support.

ArchViji wrote: ↑

Mon Oct 16, 2023 5:00 pm

I'm inclined to choose "Yes" as I am still on a Tier-4 student visa.

Why?
The question asks "are you British, settled or applying for settlement" - student visa is none of those (especially since there's no path to settlement except LR, which you don't qualify for yet).

There is no entitlement under the 7-year path to ILR for children at all. Being born in the UK in itself, does not give you any extra rights to stay here. The exception under the private life rules is when it would be unreasonable for such child to leave. The dependant children of migrants cannot simply benefit from changes introduced under the Appendix Private Life Rules.

For children born in the UK, you must show that expecting the child to leave the UK would NOT be reasonable. The migrant children of foreign students are their dependants and they are normally expected to follow their parents wherever they go. It is totally reasonable to expect them to leave the UK with you, if that happens. This should not be viewed as some sort of loophole to stay in the UK via your children. The child normally will settle when both parents settle.

See: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085442