On the basis of 7 Years NON-EU Child (Born outside the UK) base Visa approved within 3 months time.

[hina_pirzada]

Dear Senior Members,

I would like to ask you a very important question.

My application for FLR (FP) on the basis of my NON-EU Child (born outside the UK) 7 year’s basis has now been approved within 3 months time.

My husband and I have given 30 Months leave to remain on Ten Year Partner Route. In HO Letter they have mentioned that

“You do not meet the requirement under paragraphs R-LTRP.1.1 (a), (b) and (d) and also the application is refused under R-LTRPT.1.1.(d) because you do not qualify for parent route”.

Further HO Letter stating that

“However we consider, under paragraph GEN.3.2. of Appendix FM, that there are exceptional circumstances in your case which would render refusal a breach of Article 8. Your child ABC under the age of 18 and has lived continuously in the UK over 8 years, meeting the requirement of paragraph 276ADE (1)(iv) of the immigration rules it would be unjustifiably harsh to expect your child to leave the UK. Accordingly, you have been granted a period of 30 months limited leave to remain on the 10-Year Partner route under paragraph D-LTRP.1.2 of Appendix FM.”

My child is given 30 months leave under Private Life Rules.

My Questions are the following:

1. On all our BRP Cards they only mentioned “Leave to remain”, is there any issue or is this correct?

2. I am completing my 10 years (Law full residence) in September 2019. All my previous applications were on time. So Can I able to apply my ILR on 10 years lawful residence OR my clock has now been turned to Zero.


3. My husband and child both are going to complete their 10 Years in May 2020 (lawful residence). Can they apply ILR?

4. In my child letter, they are saying that: “You may be eligible to apply for settlement after completing at least 10 years under this route”.

5. My child is under the age of 18 but NON-EU born outside the UK. If I will get my ILR in September so can I able to apply her Nationality or she can go her own way to apply ILR?

Please, senior members, are requested to clear the confusion. I do not really want my clock turned to Zero and again I will go through the same process for the next 10 year. Under the ILR (LR) conditions, it is clearly mentioned that the applicant must have 10 years of law full residence regardless of types of visas.

Please let me know thanks.

[seagul]

1. Its correct
2. Yes you can apply ILR on 10 years legal residence basis which allows all visa be counted
3.I think your child might become British after your ilr . yes your husband can apply ILR on 10 years of basis if he also continued to make valid in time applications.
4 & 5. See reply 3

[CR001]

3.I think your child might become British after your ilr .

Child was born outside the UK.

[hina_pirzada]

Thank you, Seagal,

1. Yes my husband has all his application on time

2. Three of my other children who born in the UK, I didn't make their applications with me. I mentioned the reasons in my application that the children are born in the UK and they are not in immigration breach. I was wondering maybe the HO inquired about this but fortunately, they didn't.

Thank you for your help. But I am only confused about my child who born Outside the UK. I don't have much information about how I deal with his visa after my ILR.

[hina_pirzada]

3.I think your child might become British after your ilr .

Child was born outside the UK.

Dear CR001,

Do you have any information how I deal this after my ILR.

[CR001]

Simply apply for the child's long residence ilr when the child qualifies.

[seagul]

Yes CR001 is correct