10 year rule for kids

[net5]

i am aware that the 7 years rule has been abolished for kids. A friend of mine who has no legal status in the uk has a 8 year son and has been previously been refused on art 8, her application has been ongoing for over 8 years now, gone through the whole appeal system and fresh application in that period. What she wants to know is that would her child qualify for the 10 year rule once he is 10 ?

[geriatrix]

The 10 year rule (for settlement) requires 10 years of "lawful" stay.

[net5]

thanks would it just be art 8 they would need to do for any new applications

[geriatrix]

Art 8 is perhaps the "take it for granted" reason for an immigration application when nothing else works. Whether Art 8 applies to the circumstances is a different matter altogether.

[Greenie]

where was the child born?

[net5]

the child was born in the uk and has a british birth certificate. One last thing i forgot, the dad has no legal status as well i should say.

[Greenie]

As the child was born in the UK, once the child is 10 years old he will be eligible to register as a British Citizen if he is still living in the UK by then.

[net5]

thank you for your response, i have heard something like that before and i just wanted to confirm it. Lets say for example the kid was registered as british citizen, would the mum apply seperately

[geriatrix]

What is the mother's immigration status?

[Greenie]

If the child was registered as British then the mother could apply for leave outside the rules on Artice 8/Zambrano grounds/best interest of child grounds. Given that the child is 2 years away from being able to register it would be wise if she sought advice on a more immediate solution if any.

Are the mother and or father refused asylum seekers? If so when did they claim asylum?

[net5]

no they didn't claim asylum, the original application was submitted because the mum was an overstayer and this has been dragging on since she was pregnant.