New rules for settlement for Child after 5 year

[Rymk]

Dear Advisor,

I have recently obtained settlement under long term settlement , my spouse and child have continuously lived in Uk for more than 5 years in different visas like pbs dependant and recently on family members. I just read in aug 2022 update of visa rule changes for child settlement , just want to clarify can child apply for settlement after 5 year private life with continuous residence in Uk rather than 10 year private irrespective of whether both parents obtained settlement or not ?

[zimba]

For a UK-born child, the child needs to have lived at least 7 years since birth here:

PL 13.1. The applicant must have been born in the UK and must provide a full UK birth certificate.

PL 13.2. The applicant must have lived continuously in the UK since their birth and for at least 7 years at the date of application.

PL 13.3. The decision maker must be satisfied that it is not reasonable to expect the applicant to leave the UK.

For a Non-UK born child, it only benefits children who were granted leave under the private life and have been resident for 7 years:

A person who arrived in the UK as a child and was subsequently granted
permission to stay based on private life, as either a child who has been resident
for 7 years, or a young adult who meets the half-life test (between the ages of
18 and 25), may be able to qualify for settlement after five years continuous
residence on the private life route. This replaces the requirement for such a
child or young adult to have permission under the private life rules for 10-
years to qualify for settlement;

https://assets.publishing.service.gov.u ... sible_.pdf

[Rymk]

Thankyou Zimba

If child born abroad completed 7 years of residence in Uk under pbs dependant and flr m , can switch to flr fp private life visa and apply for settlement in next 12 months rather than spending another 3 year in flr m and apply in 10 years.

Will the rules permit child to switch from current flr m into private life (as already 7 years are competed in Uk) and apply for ilr after 1 year in private life visa ? Do you see any challenge or possibility for visa rejection into private life visa after completing 7 years in multiple dependants for an child applicant ?

[zimba]

Thankyou Zimba

If child born abroad completed 7 years of residence in Uk under pbs dependant and flr m , can switch to flr fp private life visa and apply for settlement in next 12 months rather than spending another 3 year in flr m and apply in 10 years.

Will the rules permit child to switch from current flr m into private life (as already 7 years are competed in Uk) and apply for ilr after 1 year in private life visa ? Do you see any challenge or possibility for visa rejection into private life visa after completing 7 years in multiple dependants for an child applicant ?

Note that the new 2022 appendix private life route requires the non-UK born child to have been granted leave under private life and have held leave under the family/private life route for at least 5 years. If they switched to family route recently, then the child will fail the 5 years residence requirement even if considered under the new rules

You see there are two paths: The older 7-year route (in place since 2012) when it must be proven that it is unreasonable for the child to leave the UK and also a new 7 year private life route that requires 5 years of residence under the private life/family route. The route to ILR under the older path may be possible but not possible under the new rules.

[Rymk]

Thankyou Zimba
I read As per the new rule the last and recent 1 year should be on private life for settlement for a child applicant and any previous visa period can be counted for continuous residence. Pls Confirm.

[db101]

page 6

Applicants will be able to count time on other routes to settlement where
certain conditions are met;

i believe and read some lawyers website other routes times will be counted if (other routes was lead to settlement) for example

if someone spend 3 years on tier 2 depended and 2 years as child visa can qualify ?? correct or incorrect?

[zimba]

Subject to the conditions below, so they must have been granted a visa under private life before 20 June 2022 or have spent at least a year under the Appendix Private Life rules for a year:

PL 14.4. Permission on any other route that includes rules allowing an applicant to qualify for settlement also counts towards the qualifying period in PL 14.1. or PL 14.2, if the applicant:
(a) did not enter the UK illegally (unless they have permission to stay on the private life route as a child or young adult); and
(b) has had permission either under paragraph 276ADE or 276 BE(2) before 20 June 2022 or Appendix Private Life for at least one year at the date of application.

https://www.gov.uk/guidance/immigration ... life-route

[db101]

at least something beneficiary for children's