ILR for a Child on 10 years long residence basis

[Rizcon]

Hello to all members,
I am a mother of a son who was born outside UK and we moved here in 2005 when he was just 6 months.We already spent 10 years on different visas legally.We had a bad luck in 2011 in applying the visa in time and the reasons were beyond our control and hence there is a gap of around 10 months in our visa and home office is aware about it.
Due to the gap in my visa, I know that I can't qualify for ILR on 10 years basis. Keeping the above facts in view, can any one answer that is it possible for my son to apply under any category to be registered as a British citizen or ILR?
Just to add more informations, he had been outside the country just twice in last 10 years for few weeks, but as I mentioned above, he also have a gap of 10 months in his visa in 2011.
Many thanks in advance.

[Obie]

Your child was not born in UK and therefore the is no means by which he can be registered , as you don't even have ILR yet.

The 6 months gap is huge.

You could apply under the family and private life rule, FLR (FP), but ILR will be hard.

[Rizcon]

Hello,
I understand that for the people who are above 18 years, the 10 years stay must be legal and without gaps in order to apply/get the ILR.
Is this same for the children who were not born here?
If there is a gap of few months in their valid visas due to the problems with their father's visa, will they also be treated like adults or there are some rules due to which their time without valid visas will be ignored and they get ILR once they complete their 10 years in the UK?

[Rizcon]

Your child was not born in UK and therefore the is no means by which he can be registered , as you don't even have ILR yet.

The 6 months gap is huge.

You could apply under the family and private life rule, FLR (FP), but ILR will be hard.

Thank you Obie,

Your answers are always relief for us. Just few more questions about applying under the Family and Private life rule,FLR(FP).
(1) What will be the duration of this Discretionary Leave. Will it be for 3 years or 2.5 years?
(2) I was granted DL for 3 years last time. Can I include both of them for my journey for ILR on 6 years DL route?
(3) Will this leave will allow me to Claim state benefits,as my last leave allows me to claim them, though I didn't claimed any of them?
(4) Can I apply ILR for my children as they will complete 3 years on DL following the case of JD and others?
Sorry for repeating the question again and again for the ILR for the children, but you know its human nature element thing.

Regards

[Rizcon]

Hello
Any suggestions for my son who was born outside UK and came here when he was just under one year and now completed 10 years in UK with a gap of few months in visa application?

Father : ILR Holder on 10 years basis
Mother(Me): Applied for DL extension
Son: A dependant on my DL extension application

Both of us completed 10 years in the UK, but has a gap of few months in between our visa application in 2011. We are waiting for the decision on our DL extension application. Keeping in view the facts, what will be the best option for my son?

(1) Apply on MN1 for registration as BC and ask HO to consider his case on discretion as father has ILR?
(2) Ask HO to change his application as a Dependant of ILR Holder father?
(3) Wait for the decision on my DL extension application on which he is dependent?
(4) Ask HO to grant him ILR using form LR and disregard the gap in visa as he is minor or in other words use discretion in his case?

The reason for gap was beyond our control as we were totally dependant on the decisions of Social Services and HO was aware about it before the expiry of our visa as Social Services were in touch with HO via our solicitors.

[Rizcon]

Any suggestions please !!!

[vinny]

(3).

[Rizcon]

(3).

Hi Vinny
Thank you for your reply. IMO, HO is about to decide my case. I don't know what will be the outcome of the case, but want to prepare my self for the next step in case they refuse my DL Extension and ofcourse the paper work as well.
Could you please tell me what to do in case they refuse my extension.I don't want to go for appeal as I'm sick of these bits in last 10 years.To clarify more, I want to ask that if they refuse my extension, then which forms to use for myself and the son's stay as a dependent of my husband who is on ILR?
I would be grateful if you could advise me in following situations:

(1) If I apply by my own without becoming the dependent of my husband, then which form(s) to use?
(a): For my self.
(b): For my son.

(2) If I apply as a dependent of my husband on his ILR status, then which form(s) to use?
(a) For my self.
(b) For my son.

[Obie]

Why do you think they will refuse ?

you mentioned 10 years residence, but some breaks, could you elaborate on it?

How long was the break and what was the reason for it?

I believe registration of your child is likely to fail, especially when you or your husband are not currently applying for Naturalisation.

[Rizcon]

Why do you think they will refuse ?

you mentioned 10 years residence, but some breaks, could you elaborate on it?

How long was the break and what was the reason for it?

I believe registration of your child is likely to fail, especially when you or your husband are not currently applying for Naturalisation.

Hi Obie,
Thank you for your reply.Sorry, if you got the wrong impression that I want to say that HO is going to refuse my application. Just due to my circumstances, I feel that it could be any decision and just want to prepare my self and documents,in case they refuse my extension on FLR(DL).
I got DL after failed Assylum application due to breakup with my husband along with my son. The gap of about 8 months is between the expiry of dependent Visa based on my husband and applying for Assylum as I left my husband in begining of 2011,dependent visa expired mid of 2011 and applied for Assylum in the beginning of 2012 and got refusal on Assylum application,but granted DL.
I started to live with my husband again and informed HO in beginning of 2014 and that's my concern that due to this reason HO may refuse my DL extension for another 3 years.
Regarding my son, he was just 6 months when we came here and also completed 10 years in this country. Even if, we get extension, then he has to wait for his citizenship atleat 4 years and you never know the rules after 4 years.
If I change my visa as a dependent of my husband, then again he has to wait for 6 years.
Any comments or solution in these circumstances?

[Obie]

I think I expressed my views to your husband a while back, as to my take on your case, and I don't believe that view has changed at all.

[Rizcon]

I think I expressed my views to your husband a while back, as to my take on your case, and I don't believe that view has changed at all.

I do remember as he discussed it to me.I maintained almost same grounds for the extension, but few facts I could not deny that we started to live together in 2014 etc.
That's my main concern.My priority is my DL Extension, but as I mentioned that I should prepare my self in advance and plan accordingly in case HO refuse it.
Any suggestion about the son's ILR / Registration. Is there any way he can either get ILR or BC before completing his another 3 years on DL as my dependent?

[Rizcon]

Hi
Is it possible to make an application for a child who is already present in UK using Set(F) for ILR?
My question may be sound like silly, but if you read the Guidelines and go through the Set F form, its quite Confusing.
It would be helpful for me if you could guide me according to my Situation:
* Son born abroad and we moved here 10 years ago and he is nearly 11 years old at the moment.
* Father on ILR / long residence route.
* I'm on DL and in time application for DL extension is pending from last 6 months. Son is a dependant on this application.
* Son also completed 10 years in UK, but there was a gap in visa for nearly 9 months back in 2011 due to the reasons beyond our control.I think that according to BNA, there is a discretion to disregard this gap in case of minors.
* Me also completed 10 years, but got the same problem with visa back in 2011.


I got stuck which route to take now. There are many options, but not sure what to do?