Has anyone applied ilr under 7year child rule

benneviss · Post by **benneviss** » Wed Oct 16, 2013 5:04 pm

Hi

I was speaking to one solicitor who advised me that I could apply for ILR for my child(only) on the basis that child has spent 7 years in the UK.

He also agreed to take on my case and will go with Set(O) form .

Has anybody come across like this ? Has anyone got success with the application?

Please reply .

Post by **Amber** » Wed Oct 16, 2013 5:23 pm

I think the solicitor should check that the leave is limited rather than indefinite. Moreover, if the child was born in the UK and spends the first 10 years in the UK that child should be entitled to register as British (s1(4) BNA).

benneviss · Post by **benneviss** » Wed Oct 16, 2013 5:26 pm

Thanks for quick reply . A child did not born in the UK and just finished 7 + years .

I would check whether it is limited or indefinite.

D4109125 wrote:I think the solicitor should check that the leave is limited rather than indefinite. Moreover, if the child was born in the UK and spends the first 10 years in the UK that child should be entitled to register as British (s1(4) BNA).

Post by **Amber** » Wed Oct 16, 2013 5:30 pm

Indeed a 10 year route to settlement may exist now as per 276ADE(iv) and for you see exception 1 if you don't have any leave.

benneviss · Post by **benneviss** » Wed Oct 16, 2013 5:33 pm

But mine is just 7 years stayed and my question is whether it is possible for my child to go alone and get ILR . We, parents on valid visa and entitle to ILR next year.

I am happy to spend money if my child can get ILR earlier on her 7 year stay.

D4109125 wrote:Indeed a 10 year route to settlement may exist now as per 276ADE(iv) and for you see exception 1 if you don't have any leave.

Post by **Amber** » Wed Oct 16, 2013 5:40 pm

If both parents are applying for ILR soon then the child may be entitled to ILR at the same time. Otherwise, I believe the child would be given further leave to remain for 2.5 years on a 10 year route to settlement. However, if you are paying a solicitor, perhaps you should follow his/her advice. If the child was born in the UK I wouldn't bother with any leave for the child if you don't need to travel. Instead I would register the child as British when you are granted ILR for which the child would have an entitlement as per s1(3) BNA.

benneviss · Post by **benneviss** » Wed Oct 16, 2013 6:04 pm

D4109125 wrote:If both parents are applying for ILR soon then the child may be entitled to ILR at the same time. Otherwise, I believe the child would be given further leave to remain for 2.5 years on a 10 year route to settlement. However, if you are paying a solicitor, perhaps you should follow his/her advice. If the child was born in the UK I wouldn't bother with any leave for the child if you don't need to travel. Instead I would register the child as British when you are granted ILR for which the child would have an entitlement as per s1(3) BNA.

Thanks

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Has anyone applied ilr under 7year child rule

Has anyone applied ilr under 7year child rule