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Family life as a parent

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rp2017
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Family life as a parent

Post by rp2017 » Mon Aug 01, 2016 8:15 am

Hi,
I have been in tier 2 ICT ( after April'2010 ) for nearly 6 years with my family (spouse & 2 kids ) and will be completing 7 years next year,can i apply for the FLR on completion of 7 years, also need to know which form do i need to use. is it FLR (O) or FLR (FP)

thanks

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Casa
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Re: Family life as a parent

Post by Casa » Mon Aug 01, 2016 8:39 am

Are you asking if you can apply for FLR(FP) due to your child/children having spent 7 years of their life in the UK? :?
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Re: Family life as a parent

Post by rp2017 » Mon Aug 01, 2016 8:50 am

Hi,

Yes, on completion of my children's 7 yrs, can i apply for the limited to remain for next 2.5 years.

2) Which application from do i need to use? FLR (O) or FLR (FP) , since in FLR ( FP) there are only below options like 5 year and 10 years, there is no option to select for 7 years.

Family Life as a Parent (5 year route).
Family Life as a Parent (10 year route).

Thanks

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Casa
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Re: Family life as a parent

Post by Casa » Mon Aug 01, 2016 9:12 am

There is no 'limited leave' 2.5 year option under the 7 year concession. It would be FLR(FP) for both parents - further leave to remain on a 10 years route to settlement.

You may find the information in these links helpful:

https://www.freemovement.org.uk/can-chi ... residence/

https://www.whatdotheyknow.com/request/ ... erests.pdf
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rp2017
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Re: Family life as a parent

Post by rp2017 » Mon Aug 01, 2016 9:21 am

Hi Casa,

thanks for quick response..

this is my understanding.

ON completion of 7 Yrs, I need to complete the FLR-FP form and select , Family Life as a Parent (10 year route). where i will be give as 2.5 yrs limited to remain.

thanks & REgards,
RP

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Casa
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Re: Family life as a parent

Post by Casa » Mon Aug 01, 2016 9:40 am

If you are successful, yes.
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Re: Family life as a parent

Post by rp2017 » Mon Aug 01, 2016 10:06 am

Hi,
Once if it application is successful, Can I switch to any other job in U.K, since I will not be under TIER 2 ICT , PL clarify

Thanks
RP

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Re: Family life as a parent

Post by Wanderer » Mon Aug 01, 2016 10:32 am

Isn't there more to the 7 year concession than just 7 years though? Like best interests of the child etc bearing in mind kids are adaptable etc, ie making it harder to apply.........
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Family life as a parent

Post by longhorn » Mon Aug 01, 2016 11:39 am

I believe there's a lot more to it than a child just spending 7 years. Its the best interests of the child that determine it and HO usually seems to be of the view that its in the best interest of child to go back with parents if they don't otherwise qualify to remain in UK. A lot of cases have been refused by the HO but they eventually won in the courts. However, the outcome is usually uncertain. Did you go through the links provided by Casa ? Last paragraph of the first article summarises the whole situation

"An experienced immigration adviser would and should recommend that a person with lawful leave apply to extend their leave in a different category, however, if that is feasible. The Home Office seems hell bent on refusing such applications and the outcome of an appeal is always uncertain."

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Re: Family life as a parent

Post by Casa » Mon Aug 01, 2016 12:11 pm

Exactly. I posted the links to show how it can't be assumed that the 7 year concession is either simple or guaranteed. :| And no, you won't be able to switch from FLR(FP) to a PBS category from within the UK.
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Re: Family life as a parent

Post by longhorn » Mon Aug 01, 2016 12:31 pm

Casa wrote: And no, you won't be able to switch from FLR(FP) to a PBS category from within the UK.
I think OP is not asking about switching to a PBS Category from FLR(FP). I think she's asking about switching job after successfully switching to FLR(FP). Please correct me if I am wrong but I cant see why she wont be able to switch to a different employer that doesn't hold a Tier 2 license (provided that her application as a parent is successful).

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Re: Family life as a parent

Post by Casa » Mon Aug 01, 2016 1:02 pm

In which case, they would be free to take other employment under FLR(FP).
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Re: Family life as a parent

Post by CR001 » Mon Aug 01, 2016 1:14 pm

Casa wrote:In which case, they would be free to take other employment under FLR(FP).
Agree, but the OP would not be able to change employment until granted FLR(FP), which can take many months or a refusal fairly quickly if they do not meet the requirements.
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Re: Family life as a parent

Post by Casa » Mon Aug 01, 2016 1:20 pm

CR001 wrote:
Casa wrote:In which case, they would be free to take other employment under FLR(FP).
Agree, but the OP would not be able to change employment until granted FLR(FP), which can take many months or a refusal fairly quickly if they do not meet the requirements.
+1 CR001
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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