7 years old child born in the uk

[samithlsc]

hi all
i have been in the uk from 12/10/2006.first 6 years as student(tier4).then next two years on psw.i had applied for tier 4 when psw ran out it was refused with appeal right on 16 of june 2014.i appealed and all appeal right were exhausted by 14-05-2015.then i applied for permission for judicial review and it was refused by high court on 10 of august 2105.i have a daughter who was born in the uk and will be 7 years old in 22-02-2016.so my lawyer advised me to claim asylum until my daughter is 7.so me and my family claimed asylum on 20 of august 2015.my case have not reach the interview level yet even after 3 month from claiming.if anyone can advice me will it be successful when apply for visa for parent of a child(7 years old in the uk) when my daughter reach 7
thank you

[Wanderer]

7 year child rule has gone now.

[physicskate]

7 year child rule has gone now.

I missed that change!

https://www.gov.uk/remain-in-uk-family/eligibility

[secret.simon]

The seven year rule has not "gone", but it has been significantly curtailed.

The child is eligible to get limited leave to remain for a period of 10 years, culminating in ILR at the end of 10 years. If the child is born in the UK, s/he is eligible to get British citizenship at the age of 10 years as well.

Immigration Rule 276ADE(1)(iv) states;

(the applicant)is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK;

The second part of the requirement "it would not be reasonable to expect the applicant to leave the UK" needs to be proven by the parents for the child to get the LLR. That is the hard part of the test.

Assuming that the child is approved, the parents can then get leave to remain to look after the child. They can get ILR after 10 years legal residency in the UK.

[samithlsc]

but still i have a chance to get 3 years visa as parents dont i?

[secret.simon]

but still i have a chance to get 3 years visa as parents dont i?

If you can prove that it is unreasonable for the child to leave the UK. Birth in the UK by itself does not give any rights to settle in the UK. Why do you believe that it is unreasonable for the child to leave the UK?

If the child gets leave to remain, then the parents can apply. Otherwise not.

[babybabyluv]

Hi, did you get the visa after all, just curious

[noajthan]

Hi, did you get the visa after all, just curious

Member in question only ever posted twice and has not been back for 7 months.