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7 Year Child ILR query< Need quick advise>

Posted: Fri May 03, 2024 3:03 pm
by raosmita3003
Hi
I have been in UK from 2017 initially on T2 ICT and now on Skilled worker visa and for 9 months in 2016. I have completed 3 years on the Skilled worker visa and 2 more to go to apply for an ILR.
Total as of date I have spent 8 years in UK on various work visas.
My daughter has spent around 7.5 years continuous in UK along with me as a dependent on my visas(ICT + Skilled).She is born in India.

I have two queries
1.Whether she is eligible to apply for a 5 year visa under the 7 year child ILR route?
2. If the answer to point 1 is Yes then can the parents apply for a family visa for 2.5 years under the same rule. Please confirm as the wordings in the UK visa guidelines are not clear.

Best
Ms Rao

Re: 7 Year Child ILR query< Need quick advise>

Posted: Fri May 03, 2024 3:26 pm
by vinny
1. Child’s limited leave under Private life is subject to Residence requirements for a child on the Private Life route
PL 3.1. Where the applicant is aged under 18 at the date of application the following requirements must be met:
  • (a) the applicant must have been continuously resident in the UK for at least 7 years; and
  • (b) the decision maker must be satisfied that it would not be reasonable to expect the applicant to leave the UK.
References
Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 (12 April 2019)
KO (Nigeria) and Others v Secretary of State for the Home Department [2018] UKSC 53 (24 October 2018)
Evidence it would be unreasonable to leave the UK

2. See also two parents.

Re: 7 Year Child ILR query< Need quick advise>

Posted: Fri May 03, 2024 3:43 pm
by zimba
Not possible unless such a child was granted leave under private life: indefinite-leave-to-remain/what-chances ... l#p2077887