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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Form SET(LR) is used for Long Residence applications. How this form can be used for a child who has not been in the UK for at least ten years?Obie wrote:I believe Set LR will be the best.
Yes, there is a 7 year route for children, but this particular child has been in the UK for less than 7 years.Mauser1905 wrote:I believe there is a 7 year route for children.
But offcourse, has to wait till become eligible and then apply if no other option before then.Mata wrote:Yes, there is a 7 year route for children, but this particular child has been in the UK for less than 7 years.Mauser1905 wrote:I believe there is a 7 year route for children.
Even if she qualified under the 7 year route for children, which form should be used?Mauser1905 wrote:But offcourse, has to wait till become eligible and then apply if no other option before then.Mata wrote:Yes, there is a 7 year route for children, but this particular child has been in the UK for less than 7 years.Mauser1905 wrote:I believe there is a 7 year route for children.
You are absolutely correct. I meant to write SET(F) or SET(O).Mata wrote:Form SET(LR) is used for Long Residence applications. How this form can be used for a child who has not been in the UK for at least ten years?Obie wrote:I believe Set LR will be the best.
Children in the United Kingdom
9.17.4
In most cases the child's future is straightforward and self-evident.
We should normally accept that the child meets this criterion if:
future intentions are confirmed on the application form; and
the residence criteria in 9.17.17-9.17.29 are met; and
the child has an established home here.
Conditions of stay
9.17.24 We should normally expect a minor to be free of conditions of stay
because the future of a child whose stay is restricted does not clearly
lie here (see 9.17.2). Registering a minor who is on conditions has
the effect of cancelling their conditions because, on becoming a
British citizen, the minor would cease to be subject to immigration
control.
9.17.25 We should therefore normally refuse an application for the registration
of a minor whose stay in the United Kingdom is restricted to a specific
period.
9.17.26 But if one or both parents are British citizens who have come to the
United Kingdom to live permanently, then this may be less important,
if:
a.
the minor meets the other normal criteria for registration set out
in 9.17; and
b.
the parents meet the criteria set out in 9.17.9-9.17.14 above,
then we should consider whether registration would be
appropriate.
9.17.27 If the minor is on restrictions but otherwise meets the normal criteria
for registration, we should consult the relevant immigration CMU to
see if they wish to remove restrictions. If they do not, we should
consider their reasons before deciding whether to approve or refuse
registration.
Thanks Obie,Obie wrote: Therefore representation has to be made on behalf of the child, as to why he or she should be given ILR.
At some point the parent could seek to register him or her under section 3(1) of the British Nationality act.
Thanks Amber. I thinks I will advise them to apply for settlement. With regard to the appropriate form, I have narrowed down two forms:Amber wrote:It may be more advantageous to settle the child now.
She does meet all except 298(ii) which states that she has or has had limited leave to enter or remain in the UK, though I am not sure of the meaning of the phase in bold.Amber wrote:Assuming the requirements of 298 have been met, as appears to be the case, ILR should be granted. SET(F) would be the form.
Had limited leave as a visitor.Mata wrote:came into the UK five years ago with a visitor visa to visit her mother.
Vinny I am not sure in English language "had" and "has had' means the same thing though.vinny wrote:Had limited leave as a visitor.Mata wrote:came into the UK five years ago with a visitor visa to visit her mother.
Well "has had" does not preclude that a person has extant leave.Amber wrote:Leave to enter as a visitor should satisfy the requirement under 298, has had refers to leave at some point, it does not infer extant leave or leave recently. Bearing in mind section 55 of the 2009 Act, ILR should be granted.
Has - meaning actively has leave nowhas or has had limited leave to enter or remain in the United Kingdom