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Priority/ Super Priority for overstayor on 7 Year Child route.

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Tenuki
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Joined: Sun Jan 05, 2025 4:59 pm
India

Priority/ Super Priority for overstayor on 7 Year Child route.

Post by Tenuki » Sun Jan 05, 2025 5:01 pm

Is it possible please?

Tenuki
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Joined: Sun Jan 05, 2025 4:59 pm
India

Re: Priority/ Super Priority for overstayor on 7 Year Child route.

Post by Tenuki » Sun Jan 05, 2025 5:06 pm

It's about a widowed mother with only child who came here on visit visa but overstayed due to her mental illness. She doesnt warn anything and The reason for super priority is that family is worried about her mental illness and they are sponsoring her . She hasn't got any funds or work but a monese bank account where she gets the money every month from her family for herself and the child.

If this isn't an option, family would like to apply for fee waiver and use this money towards child education.

7 years completed just yesterday.

Many thanks.

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alterhase58
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Location: UK Bucks
Germany

Re: Priority/ Super Priority for overstayor on 7 Year Child route.

Post by alterhase58 » Sun Jan 05, 2025 8:28 pm

Await more detailed replies, but ....

- The "seven year route" may not be available.

- A fee waiver, if you qualify, is only applied to an application which qualifies for a waiver. No cash is paid out so cannot be used for any other purpose.

- Priority or Super Priority is unlikely to be available as your case seems complex.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

razergd1
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Posts: 227
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Priority/ Super Priority for overstayor on 7 Year Child route.

Post by razergd1 » Mon Jan 06, 2025 12:25 pm

Tenuki wrote:
Sun Jan 05, 2025 5:06 pm
It's about a widowed mother with only child who came here on visit visa but overstayed due to her mental illness. She doesnt warn anything and The reason for super priority is that family is worried about her mental illness and they are sponsoring her . She hasn't got any funds or work but a monese bank account where she gets the money every month from her family for herself and the child.

If this isn't an option, family would like to apply for fee waiver and use this money towards child education.

7 years completed just yesterday.

Many thanks.
Where was the child born? Is the child overstaying too?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

secret.simon
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Re: Priority/ Super Priority for overstayor on 7 Year Child route.

Post by secret.simon » Mon Jan 06, 2025 1:53 pm

It is also unclear as to who is having serious mental issues; the mother or the child? Where is the sponsoring family based? And what is the UK immigration status of the child?

To the best of my knowledge, the 7 year child route requires the child to have been continuously resident in the UK for at least seven year AND demonstrate that it would not be reasonable to expect the applicant to leave the UK.

To the best of my knowledge, "continuous residence" is required to be "lawful". I don't think an overstayer child can apply under this section.
Immigration Rules Appendix Continuous Residence wrote:CR 1.1. The continuous residence requirement is met if the applicant has spent the qualifying unbroken continuous residence period required by their route lawfully in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Tenuki
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Joined: Sun Jan 05, 2025 4:59 pm
India

Re: Priority/ Super Priority for overstayor on 7 Year Child route.

Post by Tenuki » Mon Jan 06, 2025 2:33 pm

Both child and mother were born in another country and mother has mental issues. Her siblings have been supporting her with mentally and financially for last 7 years.

It's private life . 7 years don't have to be legal.

razergd1
Member
Posts: 227
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Priority/ Super Priority for overstayor on 7 Year Child route.

Post by razergd1 » Mon Jan 06, 2025 7:26 pm

The OP should get legal advice. My evaluation that the HO will insist that it is reasonable to expect both the child and mother to return to their home country.

Where is her family? is she recieving financial support from her home country? Does she have any family ties to the UK?

Note that private life route requires 20 years of residence for an adult and for a child the parents must either be settled or hold some status of their own.
Applying for immigration permission may trigger removal process as well. I strongly suggest OP to receive professional immigration advice.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

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