ILR OR LEAVE TO REMAIN

[anishere]

I really need help with my situation! I'm currently lived in the uk for 4 years 3 months and entered the UK with child visa (family visa from my mother). As I turned 18 now, my mother and my stepdad asked me to move out and working on my visa on my own as planned for this September 2024 my mother will be eligible for ILR so I would be to. But the situation has changed as they are refused to do my visa for me so I don't know if I'm still eligible to ILR because I didn't live here for 5 years and also I will have to live independently from my main visa holder such as my mother. My visa right now is leave to remain and it will expire in October. I had done B1 English test for ILR application but now I don't know if I can apply for ILR so I would plan to do life in the uk test or apply for leave to remain until 5 years. I'm really stressed about the visa situation so thank you for your advice

[vinny]

Absolutely no. Don’t move!!

They should never have asked you to move before applying for ILR with mother, as some of its requirements are:

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• (iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and
• (iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and
• (v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds; and
• (vi) does not fall for refusal under the general grounds for refusal, and
• (vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.

[anishere]

They are aware of these requirements but still they asked me to move out immediately after I finished my last exam for a levels.

[vinny]

Why? What happened? It’s only a few months and you may apply for ILR with mother.

[anishere]

She knew I wouldn't quality it I move out so they were threatening me for years but we were planned to finish the ILR if I pay for the fees and I would move out after Christmas. But then she and my stepdad are decided to ask me to move out as soon as I finished my full time education bc as they said " we hate you" so l will have to move out soon and try getting sponsorship : (

[vinny]

Gosh. That’s harsh.

If they don’t reconsider, then you would have to switch to some eligible route, like Skilled worker, before your leave expires.