PLEASE HELP!!! 7 Year Long Residence Child Dependant

[chin1605]

Hello,

Please I would greatly appreciate your opinions/advise on this - particularly Gurus and members of standing.

I am currently on Tier 2 G and my dependant son would have been here as my dependant for 7 years in October. He will be 10 years old by then. I am still some way off to qualifying for ILR myself.

I have read somewhere that there is a provision that a child who has been here for 7 years can apply for ILR.

My questions are:

1. In the light of all the changes that have happened in the recent past, is the 7 year Long residence provision still available?

2. If yes, will it be applicable to my son - being my dependant?

Many thanks.

[chin1605]

Please help people.

Hello,

Please I would greatly appreciate your opinions/advise on this - particularly Gurus and members of standing.

I am currently on Tier 2 G and my dependant son would have been here as my dependant for 7 years in October. He will be 10 years old by then. I am still some way off to qualifying for ILR myself.

I have read somewhere that there is a provision that a child who has been here for 7 years can apply for ILR.

My questions are:

1. In the light of all the changes that have happened in the recent past, is the 7 year Long residence provision still available?

2. If yes, will it be applicable to my son - being my dependant?

Many thanks.

[chin1605]

HELP PLEASE

Hello,

Please I would greatly appreciate your opinions/advise on this - particularly Gurus and members of standing.

I am currently on Tier 2 G and my dependant son would have been here as my dependant for 7 years in October. He will be 10 years old by then. I am still some way off to qualifying for ILR myself.

I have read somewhere that there is a provision that a child who has been here for 7 years can apply for ILR.

My questions are:

1. In the light of all the changes that have happened in the recent past, is the 7 year Long residence provision still available?

2. If yes, will it be applicable to my son - being my dependant?

Many thanks.

[lapppt]

Head something like this last year, but I am not sure if it has been implemented.

[vinny]

See also Family life as a parent: the new rules.

[chin1605]

Many thanks.

I'm reading through the page in the link sent. Will seek more clarification if anything is not clear.

Kind regards.

[chin1605]

See also Family life as a parent: the new rules.

I have read through the text in the link, as well as other links found in the document. I have also read the relevant areas of the Immigration Law. But I AM STILL CONFUSED!!!!

This is my scenario:

I came to the UK in February 2006 with student Visa. My wife and 3 year old son joined me later in the year. We have gone through a couple of visa extentions since then. I have just received documents back from switch to Tier 2(G) after close to 5 months of waiting!! Leave to Remain given until October 2015, so I will need 1 more extension before qualifying for ILR myself.

Wife and son are still my dependants, also with Leave to Remain valid until October 2015. However my son would have been here for 7 years by this October. My thoughts are to immediately apply for ILR for him if he qualifies having been here for 7 years.

The things that confuse me:
1. Is he allowed to switch into ILR, as he is my dependant and with leave to remain still valid until October 2015
2. Can I then apply for FLR if he is able to switch to ILR?
3. If he can apply, what specific requirements/documents/forms will he/myself need to look at?

All advise/opinion welcome and would be appreciated.

Please kindly help good people!!!

[benneviss]

I have raised same question few weeks before . You can check my posts .

Let me prove it to you , how it will work

* under 7 years rule , if child had stayed here for more than 7 years HO can not deport parents , , and have to issue 30 months visa to parents until they reach to 10 years , in other words parents likely to settle in the UK

* Now read HO guidance on BC , particularly section 17 onwards , which says that if child is not born in the UK and child's parents are not settled in the UK or BC even then CW has to consider child''s application on the basis that parents are likely to settle in the UK .

In my view your child does not need to apply for ILR but MN1 (BC) straight away . When CW will consider your child MN1 application CW has to read the above paras together and have to approve your application.

If not then tribunal will accept the above arguments .

Please read my previous posts .

See also Family life as a parent: the new rules.

I have read through the text in the link, as well as other links found in the document. I have also read the relevant areas of the Immigration Law. But I AM STILL CONFUSED!!!!

This is my scenario:

I came to the UK in February 2006 with student Visa. My wife and 3 year old son joined me later in the year. We have gone through a couple of visa extentions since then. I have just received documents back from switch to Tier 2(G) after close to 5 months of waiting!! Leave to Remain given until October 2015, so I will need 1 more extension before qualifying for ILR myself.

Wife and son are still my dependants, also with Leave to Remain valid until October 2015. However my son would have been here for 7 years by this October. My thoughts are to immediately apply for ILR for him if he qualifies having been here for 7 years.

The things that confuse me:
1. Is he allowed to switch into ILR, as he is my dependant and with leave to remain still valid until October 2015
2. Can I then apply for FLR if he is able to switch to ILR?
3. If he can apply, what specific requirements/documents/forms will he/myself need to look at?

All advise/opinion welcome and would be appreciated.

Please kindly help good people!!!

[vinny]

In my view your child does not need to apply for ILR but MN1 (BC) straight away.

No.

If child was not born in the UK, then child's British citizenship registration is Subject to discretion (3(1)).

If child was born in the UK, then see also Child born in UK to parents with temporary permission to wor.

[chin1605]

Thanks all for your various contributions.

Vinny, if I was to go down the 'Discretion route', i.e (3(1)) in applying for my child's British citizenship registration, would you know the Application Form I need to use and documents/guidance I need to look at in preparing the application?

Cheers

[benneviss]

You need to use MN1 .

Thanks all for your various contributions.

Vinny, if I was to go down the 'Discretion route', i.e (3(1)) in applying for my child's British citizenship registration, would you know the Application Form I need to use and documents/guidance I need to look at in preparing the application?

Cheers

[vinny]

Click on my links for more information.

[jjrajesh]

Hi,

Is the period of leave under the 7 year child rule counted towards 10 years lawful stay for ILR?

If someone have 8 years lawful residence and gets leave under 7 year child provision for another 30 months, so is it possibble to apply for ILR in next 24 months?

http://www.arshadmahmood.com/human-righ ... ously.html


Regards.

[jjrajesh]

Any views experts...

[chin1605]

Hi,

Is the period of leave under the 7 year child rule counted towards 10 years lawful stay for ILR?

If someone have 8 years lawful residence and gets leave under 7 year child provision for another 30 months, so is it possibble to apply for ILR in next 24 months?

http://www.arshadmahmood.com/human-righ ... ously.html


Regards.

Jjrajesh,

Although I’m also still trying to get my head around this route – having started this thread – the answer to your question would appear to be YES, you can apply for ILR.

My opinion is based on the the following excerpt from the link in your earlier response – which I found very informative.

“…the UKBA will now grant initial leave to remain for a period of 30 months and upon completion of ten years residence in the UK under this category a person can apply for indefinite leave to remain (ILR) unless he is eligible to apply for indefinite leave to remain (ILR) earlier on the basis of ten years long continuous and lawful residence”.

The link also mentions that the form to use is: FLR(O), which also answers my earlier question.

FURTHER QUESTIONS

1. Can I apply in October as soon as my son hits the 7 year threshold, even though we all have valid Leave to Remain till October 2015?

2. How does the application in this route work? Do I apply for my son first (FLR) and after he gets his, I will then apply for mine?

Help!!!

[jjrajesh]

This might help you...

http://www.freemovement.org.uk/2012/12/ ... new-rules/

Regards.

[sarah benny]

http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

section 276ADE(iv)

As far as I know this is used when applying for further leave to remain on the basis of private life and usually when the applicant and his/her parents have no legal status in the UK. They can grant discretionary leave but not ILR straight away.

[chin1605]

http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

section 276ADE(iv)

As far as I know this is used when applying for further leave to remain on the basis of private life and usually when the applicant and his/her parents have no legal status in the UK. They can grant discretionary leave but not ILR straight away.

Thanks for your contribution Sarah.

That had been one of the things I wasn't sure about, as myself and my dependants have a legal status valid until 2015.

Does that then mean that it is not a route applicable to my son as he is/has been here legally?

I just thought it would be an opportunity if my son qualified to switch into another category away from Tier 2(G) and all the hassles with Sponsorship, SOC codes, RLMT etc.

Please more opinions / suggestions on this would be greatly appreciated.

[vinny]

See also:

Appendix FM family members > Exception.

Chapter 8 - Appendix FM (family members) > Guidance on paragraph EX1 consideration of a child’s best interests under Appendix FM (Family Rules).

[sancha]

I am not sure but considering Tier2(G) uncertainity (as always linked to employment) I think it would be better option to switch to this route through FLR (O) which will give certainity for next five year (30+30months) and in the mean time go for long term ILR based on 10 years- all these are thought and please do a complete research before follow.

[jjrajesh]

The 7 year child rule applies not only for the people without legal status but also for the people in other categories.

[sarah benny]

chin1605,

I met up with a friend who works in Immigration and asked him about the 7 year rule, he said it can apply to any child regardless of whether they are legally here or not but its at Home Office's discretion. He also said that you can only apply just before your visa expires (28 days or so) and as your son's visa doesn't expire till 2015, dont think you can submit another application on his behalf.

[chin1605]

chin1605,

I met up with a friend who works in Immigration and asked him about the 7 year rule, he said it can apply to any child regardless of whether they are legally here or not but its at Home Office's discretion. He also said that you can only apply just before your visa expires (28 days or so) and as your son's visa doesn't expire till 2015, dont think you can submit another application on his behalf.

Many thanks all for your contributions/opinions.

Sarah benny: This is as clear as it can be. I'm sure a lot of people will find this helpful.

This forum is indeed a very helpful and supportive source for members. Well done all. Very much appreciated.

Please keep opinions and suggestions on this going.

[chin1605]

Hello all,

Just wondering if anyone has something new to add/suggest.

Cheers