DLR for my child based on seven year rule

[Mamta_m_devi]

Hello,

I am seeking advice regarding Discretionary Leave to Remain (DLR). I have been in the UK as a Tier 4 student (PhD) for the past six years, with my course ending on 22nd April 2025. Unfortunately, due to a dispute with my university over a fee increase, I am not being provided with a CAS this time. While I am still working through this issue, my Tier 4 leave is due to expire soon, on 20th December.

As a full-time PhD student, I have lived in the UK with my family since November 2018, meaning we've been here for just over six years. In order for my DLR application to be considered, I need to show that I have lived in the UK for at least seven years. This creates a shortfall of about 11 months.

I am planning to include my previous stay in the UK, between October 2016 and January 2018, which was interrupted by medical reasons. During this period, I had to return to India due to health issues, but I have medical evidence in the form of letters from my GP and the hospital confirming that my condition resolved after a specific time. The two courses (my previous MRes and current PhD) were connected, as both focused on research.

At present, I have resubmitted my PhD thesis and published a journal article in a leading academic outlet, demonstrating solid academic progress. However, my university has been constantly increasing fees, leading to a dispute over international fee increments, with no clear threshold. I have email correspondence related to this issue, which I can submit to the Home Office to support my DLR application.

As a self-funding student, I have already paid £35,000 in fees, only to see them increased during the COVID-19 period, rather than being supported. The university's actions are placing my family and me in a very difficult position, and we feel we are being unfairly treated.

Considering this, I would like your advice on whether I should submit a DLR application. My son attended school in the UK during 2016 and 2017 before we left for India, where he attended a private school for about eight months. We returned to the UK in October 2018, and my family arrived in November 2018. We are currently residing in the UK.

Please let me know your thoughts, as time is running out, and we have only five days to leave the country.

Thank you in advance for your assistance.

Best regards,
Mrs. Devi

[razergd1]

Other then section 3C in my opinion I can't see this application successful.

Can you please explain how you got the impression that even if you have been 7 years in the UK you can qualify to DLR?

The only provision I know of is for children born overseas who lived in the UK 7 years (private life route) and even in this case they have to demonstrate that they cannot be expected to leave the UK. (Children born in the UK are slightly different).

[Mamta_m_devi]

"Other then section 3C in my opinion I can't see this application successful"

Me: WHAT IS SECTION 3C though?

"Can you please explain how you got the impression that even if you have been 7 years in the UK you can qualify to DLR?",

As per the Family ViSA- if i apply as a parent, i can request home office to grant leave to remain discounting the period we were away (medical urgency). The basis for my request lies in the well-being and best interests of my child, who has established significant ties to the UK. Returning to our home country would disrupt their education, social connections, and overal stability.
Additionally, I cannot extend my visa on my existing permission due to circumstances beyond my control. The university, where I am currently enrolled as a self-sponsoring PhD student, is not supporting my visa application due to ongoing disputes regarding an unfair increment in international student tuition fees. Despite my willingness to pay a fair fee, this situation has forced me to apply for Discretionary Leave to Remain to ensure continuity in my family's life and my child’s stability.


Under family visa- applying as a parent:

See link https://www.gov.uk/uk-family-visa/parent
I can demonstrate that the impact of taking my child back to my home country will have a significant impact on his education and mental well-being.

All that is true, my son does not write or read the native language hindi, and neither does he uses it while interaction. While language is one aspect, his curricum activity in UK, and in India so very different especially the region i belong to where hindi is critical basis. Other evidences i have are representative of family ties in UK, and community integraration.

Please be honest what is the best fit scenario for us. Are we committing an error while making an application based on this ( See link https://www.gov.uk/uk-family-visa/parent). some advice is better than no advice at all. I don't have any representative in UK as the time window is too small ( 20th December).

Many thanks

[razergd1]

Section 3C leave is the period between the application until UKVI conclude the application. Once UKVI reach a decision that they either issue a visa or if your current visa expired will give you some time to pack up and leave, appeal, etc.

I don't think that the HO will consider your break as part of the 7 continues years. There is no such concession under private life route. (Correct me if I'm wrong I'm not aware of any).

Even if your child does meet the 7 years the case worker will need to consider whether it is reasonable for your child to leave the UK.
My guess is that in your case they will reject it as the child has less then 7 years but for the sake of the argument let's say that they accept that your child is 7 years.


Now this is the case worker guidance on how to assess ties to the UK

"The assessment must be specific to the child’s situation. You must consider,

the age of the child

whether the child has ties to the UK including relationships with other family and friends whose lives are established in the UK

who the child would be expected to leave the UK with – it is normally in the best interests of the child for the family to remain together

whether they have family and friends in their country of return

whether they have ever visited the country of return, for how long and when"

They don't take into account your child language skills. They will probably argue that the child is young and can catch up with his peers in your home country.

Now there is no private life provision for you and your spouse hence, you will be expected to leave the country. I guess the HO will state in this case that it is in the best interest of the child that you leave as a family unit.

Sorry for this assessment but it is better for you to understand what you are going for.
Take into account that you must apply somehow all together. I can't see a provision under the private life for you and your spouse. (Maybe there is, I'm not aware of any).

[razergd1]

Just to add... In my assessment according to your story you do not meet the basic family visa condition as your child neither British nor otherwise settled.
Settled as an immigration term means a person who has no time limit on his leave to remain in the UK.

[Mamta_m_devi]

Hi there ,

I appreciate your assessment and have decided not to proceed with applying under this route. However, as I had already started the application (completing only the personal information section without submission), I would like to know how I can delete this application from my UKVI account. The email login prompt does not take me directly to the dashboard where I can withdraw or delete any opened applications.

I am currently in terrible pain and feeling quite unsettled, so I have requested the University to take the necessary steps and issue the CAS. This would allow me to proceed with my PhD, and perhaps, upon completion, I can apply for the Post-graduate Route, which would grant me an additional three years in the UK. Does this approach sound more promising to you?

If I manage to extend my permission under the Tier 4 PBS Student route, I would have leave to remain in the UK until 22nd August 2025. However, there is still a shortfall of seven years because my child entered the UK on 15th November 2018 and has been living here continuously since then. We have only made one visit to India since that time to check on my parents and resolve some pending financial matters.

Before we conclude this conversation, could you kindly suggest a more reliable and consolidated option that would allow us to remain in the UK?

Many thanks,
Mrs. Devi

[razergd1]

Your best bet is what you said. Get a CAS extend your stay and finish your degree within it.

Once you graduate apply for graduate route 3 years and try to reach 10 years residency. If you get to that point apply for long residence ILR. (Given that the rules won't change in the future).

I can't see the 7 years private life materialise for you. Not at this stage and probably not after your next student visa.

[Mamta_m_devi]

Much appriciated !!

It seems a fairly cosolidated solution. I will keep you posted in case i need further assistance.

Would you have any idea as what can be done to remove those unfinished applications from UKVI account or shall i use another email id for registration. The case worker might be able to see these unfinished ones and might get an impression that i am desperate to remain in UK.

Many thanks

Mrs. Devi

[razergd1]

Nobody looks at an application which was not submitted (e.g. been paid or submitted with a token). Don't overthink this.
Start a fresh one.

Make sure you are still eligible for the graduate route after your extension (I think you will do if you graduate, but better to validate).

[Ticktack]

Would you have any idea as what can be done to remove those unfinished applications from UKVI account

If you don't log in to that application for a certain time frame, it gets deleted from the system automatically. There's no way for you to delete it yourself.

As previously advised any application not submitted does not get looked at.

[Mamta_m_devi]

Hi,
Thanks for the comments.
As we just noticed the visa application service is upgraded to a more complex solution. We had to make three different applications for myself, spouse and my child. The applications are submitted and have laid me with two months of document upload deadline. Does this means we can now chill for few days and then submit the document; obviously the current visa we hold would have been expired by then.

We found the application process a complex one so hoping we did not drift away while answering the questions asked.

Thanks you all
Mrs. devi

[razergd1]

I guess you applied for student extensions. Once you paid then the application is submitted.

Not sure what you mean more complex...
Keep your email as a proof of application you may need it later.
Yes you can chill but must upload your documents by the deadline and schedule a biometric appointment if required.

I'm not 100% sure how it works this days but previously if you needed a biometric appointment you had to schedule it within the time frame they gave otherwise your application may be rejected as invalid.

[Mamta_m_devi]

Hi

Something still kicking me inside whether i am required to provide TB test for extension application. We did provide one at the time of entry clearance to UK (back in 2018) and home office never asked for one last time we applied that was in april 2023.

Could you provide your views on it please?

Thanks again
Mrs. Devi

[CR001]

Not required for applications and extensions within the UK!!

[Mamta_m_devi]

That is great , thanks a lot.

Happy Christmas to you all !!

[Mamta_m_devi]

Hi again,
I am informed by my phd examiner that i shall be given a phd with minor chages, anticipating one month to complete and get phd thesis submited finally.

Now things are more clearer now on. I have student visa granted until august end 2025 and my phd award may come fairly early by the next two month or before april. Would you advise me start the application soon after the graduation or can dealy it till august. That way i can buy some more time aiding to my overall 10 year route to settle. Please provide a consolidated response as i dont want to face a situation where i have niether visa.

Just one more quick question. Can i do post doc for 3 years or so whilst on 3 year graduate visa ?


Will be looking forward to a concise and dependable reponse.


Kind regards
Mrs..Devi

[razergd1]

Congratulations. After your submit your minor corrections and they are accepted the university should inform UKVI that you finished your studies.

As far as I understand, at that point your visa will be curtailed to 4 months. (You should validate this with your university!)
Once the university notified UKVI you should be able to apply for graduate visa. You must do so before your visa expires or your curtailment date whichever is sooner.