Immigrationboards.com

I am preparing for my son's ILR application on the basis of 7 year child route.

My child was born in uk and has lived continuesly for all 7 years and never left the country. He does not have any nationality.

Me and my husband are Indian and does not have any Visa or right to remain documents.

I have Fresh claim pending in homeoffice on the basis of family and private life.

My Question,

1) is my child allowed to apply on priority / Super priority service?
2) parents are we allowed to apply on priority / Super priority service?
3) Should we all apply together or saperatly?

Thank you for your help.

To secure ILR under private life rules for such a child, it should be proven that it is unreasonable to expect the child to leave the UK. However, the case law has shown that when neither parent has independent right to remain in the UK, this requirement often cannot be met:

Most notably, a child who was born in the UK can apply for ILR immediately after spending the first seven years of their life here – even if they have never had any leave to remain. This change is welcome, as it avoids the need for children in this position repeatedly to reapply for extensions. However, they must still show that it would not be reasonable to expect them to leave the UK. Where neither parent has an independent right to remain, this will not necessarily be a straightforward task (see NA (Bangladesh & Others v Secretary of State for the Home Department [2021] EWCA Civ 953 and the write-up here).

Statement of changes HC 1118: new family and private life rules

Can children and parents apply to remain after seven years’ residence?

Thank you for your reply.

I checked the requirements and my child is eligible for this category.

My question is regarding priority / Super Priority Services for child and parents. Kindly guide me for this.

whitecollar wrote: ↑

Tue Jun 04, 2024 11:19 am

Thank you for your reply.

I checked the requirements and my child is eligible for this category.

My question is regarding priority / Super Priority Services for child and parents. Kindly guide me for this.

No, it is not possible to apply using priority service, under the child settlement route.

https://www.gov.uk/faster-decision-visa ... ide-the-uk

Also, how do you say the child qualifies given that you (the parents) are unlawfully staying in the UK ???
I showed you the kind of challenges such application will certainly face. Given these circumstances, it is unlikely that the application will be straightforward and there is a high likelihood of refusal