Children Living in the UK for 7 years

[aru123]

I came to UK as a Tier 1 (General) Migrant along with my family. I have leave to remain until August 2017. My youngest child will be completing 7 years in in October 2016. I was advised a child living in the UK for 7 yrs can apply for ILR provided he has lived for 7 yrs before completing 18 yrs. Is this correct? In fact he was 18 in October 2015. However, the person who advised me was of the opinion until he is 19 yrs in Oct 2016 he will be considered as he has not completed 18 yrs. Is this too correct?

[CR001]

No, 18 years of age is considered an Adult. Why would you think it is only at 19 years of age that he would be considered 'completed 18 years'?

[secret.simon]

There are cultural differences in how a person's age is calculated. In Eastern cultures, it is not the completed number of years that is considered the person's age. It is the "running" year. So, for example, what is considered a child's first birthday in the West (because he has completed one year) is considered his second birthday in the East (because his second year started running from that point on).

I think the whole confusion arises because either the OP or the person advising him has got the two concepts mixed up.

To the OP, if your child was born in October 1997, he has completed 18 years and is legally an adult in the eyes of the law. If he was born in Oct 1998, he has a year to go.

I was advised a child living in the UK for 7 yrs can apply for ILR provided he has lived for 7 yrs before completing 18 yrs. Is this correct?

Not any longer. If the requirements of 276ADE(1)(iv) are met (that he is under 18, lived 7 years in the UK and that it is unreasonable for him to leave the UK), he will get futher leave to remain for a period of 2.5 years renewable until he completes 10 years legal residence, when he can apply for ILR.

In the absence of ILR, he will have to pay overseas fees for his education and will also not be eligible for student loans.

[aru123]

Thank you.