Family and private life child eligibility for ILR

[aishaliaqat]

Hi, can some one please help my query. My child has 30 months family and private life visa for the last 7.5 years. Recent visa expiring soon and due for the last extension of another 30 months to reach 10 years on this route. My child age is 12 now and came here at age of few 8 months old. My query is with the last year changes in FLR-FP , does my child entitled for ILR?

[zimba]

ILR can be granted under Appendix Private Life if the child lived here for 7 years and was granted leave under private life route (NOT the 10-year family route).

See: indefinite-leave-to-remain/new-visa-ilr ... l#p2073255

[aishaliaqat]

What application form is used for private life ?

[aishaliaqat]

What is the difference between the private life and a family life of a child ?

[zimba]

The form FLR(FP) covers both family and private life routes. FLR(M) is used to apply under the family route but a child could be granted leave under private life rules regardless of the form used. In the end, it is about the set of rules based on which you were granted a visa. Family rules are the rules under Appendix FM and private life rules were the ones under paragraphs 276ADE or 276 BE(2) before 20 June 2022 or Appendix Private Life after that date.

The rules make it clear that the last grant of leave should have been under private life for ILR to be granted to a child born outside the UK after 5 years of residence:

Qualifying period and continuous residence - private life settlement for children not born in UK
PL 14.1. An applicant who has, or last had, permission to stay on the private life route as a child, or young adult who met the half-life test under PL 4.1, must have lived in the UK for a continuous qualifying period of 5 years with permission as set out in PL 14.3 or 14.4.
PL 14.2. An applicant who is aged 18 or over at the date of application and does not meet the requirement in PL 14.1 must have lived in the UK for a continuous qualifying period of 10 years with permission set out in PL 14.3. or 14.4.
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.
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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 ... ivate-life

Here is the guide for settlement under family and private life routes: https://assets.publishing.service.gov.u ... e_life.pdf

[aishaliaqat]

Hi, Thanks for your reply,

Still unsure where my child qualify for ILR based on the previous FLR -FP route. You have referenced few of the immigration in your reply :

"Qualifying period and continuous residence - private life settlement for children not born in UK
PL 14.1. An applicant who has, or last had, permission to stay on the private life route as a child, or young adult who met the half-life test under PL 4.1, must have lived in the UK for a continuous qualifying period of 5 years with permission as set out in PL 14.3 or 14.4.
PL 14.2. An applicant who is aged 18 or over at the date of application and does not meet the requirement in PL 14.1 must have lived in the UK for a continuous qualifying period of 10 years with permission set out in PL 14.3. or 14.4.
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."

following to yours above information below is my query: (My child is on this visa for last 7 years and next FLR- FP last 30 months extension is due in few months)

This is what is always written on visa approval letter:

You have been granted a period of 30 months limited leave to remain on the 10 year parent route under paragraph D-LTRC 1.2 of Appendix FM of the Immigration Rules, as we are satisfied that you meet the requirements of Paragraphs R-LTRC 1.1.(a), (b), and (d) of these rules.

Please guide me are these visa granted rules are in line with the rules you have mentioned in your reply and pasted above as well.

Thanks

[zimba]

No. Your visa granted was under Appendix FM rules (family route), so it was NOT issued under private life. Unless you were granted a visa under paragraphs 276ADE or 276BE(2) of the immigration rules in place before 20 June 2022, your visa is not under private life. A child under family route will follow the same immigration path as you