FLR FP 7 Year Child Questions

[adeelishaq786]

Hi,
We were granted 30 months flr fp (10 year route to ILR) based on 7 year child. Now I would like to switch to 5 years. Would like to know if we are allowed to move to 5 year route meeting financial and english requirement or 7 year child FP we can only get to 10 year route even if we meet income threshold and english language requirements?


Many thanks

[CULLINAN]

If I am correct, you were exempt from having to satisfy the English language, immigration status, maintenance and accommodation requirements previously.

If you are able to meet the requirements now, you can switch to the five year track to settlement.

https://assets.publishing.service.gov.u ... v11ext.pdf

[seagul]

Hi,
We were granted 30 months flr fp (10 year route to ILR) based on 7 year child. Now I would like to switch to 5 years. Would like to know if we are allowed to move to 5 year route meeting financial and english requirement or 7 year child FP we can only get to 10 year route even if we meet income threshold and english language requirements?


Many thanks

One caveat you would have to keep in mind before planning to switch in to 5 years of route that your ILR will be resetted to zero means your previously spent time wont be carried forward. However, under 10 years of long residence all visas would be counted.

[ssasi2020]

I don't know your immigration background. But if you had applied and granted leave under private life( child living in the uk over 7 years as you have mentioned). There is no provision of switching to 5 years route as stated on the guidance.

[adeelishaq786]

thanks all for your response, brief history is our ILR was refused in 2016 (No 3C till 2018).
In 2018 Mrs got a grant based on our 7 years, later I went similar route.

Issue is basically, we applied for my Mrs renewal, and sent 6 months + bank statmeents, payslips, employee letter etc etc. And also in cover letter mentioned that we switching from 10 year route ILR to 5 year.

Received grant email within 1 month time from Biometrics and they put her on 10 years, and haven't mentioned anything about our finances or English language test etc.

Attached is letter. Looks like some mistake has been done, our whole family first visa was granted 7 year child base, and in grant letter it says does not meet Parent route, whereas does meet Partner (but my visa is expiring may and is also based on my child). But if you read the rule they applied in 4th paragraph it does say Parent (D-LTRPT 1.2) believe PT stands for parent whereas D-LTRP is for Partner.

Super confused..

[ssasi2020]

Switching to 5 years route from 10 years only applies to spouse or parent of British citizens whose initial grant was under flr fp 10 years route .

Therefore, in your case grant under 10 year looks right. And you can not switch to 5 years route.

[CULLINAN]

Also see qualifying child:

EX.1. This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least
the 7 years immediately preceding the date of application; and

[adeelishaq786]

Also see qualifying child:

EX.1. This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least
the 7 years immediately preceding the date of application; and

Thanks so this 7 years immediately is for my child? Still confused, so in short we cannot move to 5 years route in our current situation?

Also I myself have applied for renewals as well moving to 5 year route, if it is confirm that my outcome would be same i.e. staying on 10 years than it's no pint for me to apply for renewal earlier, as i still have 6months + left on my current visa. And if I won't be put on 5 years than is it possible to request refund , my biometrics are tomorrow.

[CULLINAN]

thanks all for your response, brief history is our ILR was refused in 2016 (No 3C till 2018).
In 2018 Mrs got a grant based on our 7 years, later I went similar route.

Issue is basically, we applied for my Mrs renewal, and sent 6 months + bank statmeents, payslips, employee letter etc etc. And also in cover letter mentioned that we switching from 10 year route ILR to 5 year.

Received grant email within 1 month time from Biometrics and they put her on 10 years, and haven't mentioned anything about our finances or English language test etc.

Attached is letter. Looks like some mistake has been done, our whole family first visa was granted 7 year child base, and in grant letter it says does not meet Parent route, whereas does meet Partner (but my visa is expiring may and is also based on my child). But if you read the rule they applied in 4th paragraph it does say Parent (D-LTRPT 1.2) believe PT stands for parent whereas D-LTRP is for Partner.

Super confused..

In your initial post you mentioned “We” and I though you and your child and took you as a sole parent, as it was unclear.

However, after reading your posts again, you all were granted leave on Article 8 exceptional circumstances on 10 year route OUTSIDE the immigration rules.

In this case you can not switch to 5 year parent route.

As long you withdraw your application before biometrics, you will get a refund.

The above is my understanding so do your own research also.

[adeelishaq786]

Thanks, yeh I am thinking to withdraw my application as will going for British Registration for my 10 year old. So hopefully, once she gets are registration approval I be able to switch to 5 years if that's is correct.

Can you please suggest how can i request visa fee refund? Thanks

[CULLINAN]

https://www.gov.uk/cancel-visa

[adeelishaq786]

https://www.gov.uk/cancel-visa

Thanks I have visited that link already it is asking to fill in form the link is under header "If you were told to attend an appointment", but it is asking for case id, and I only have unique app reference which is around 16 numbers in length, whereas case id and other required fields on forum are accepting max 8 numbers

[CULLINAN]

It is not a mandatory field. Enter your UAN and payment reference number instead.

[CULLINAN]

Also, did some more research, see:

indefinite-leave-to-remain/switch-leave ... 34152.html

[ssasi2020]

So hopefully, once she gets are registration approval I be able to switch to 5 years if that's is correct.


Parent route is only for those people whose relationship with their British spouse broken down but they have a child together. In that case migrant parent can apply as a parent of a British child. Also, child's other parent must be British citizen, and applicant and other parent must not be on subsisting relationship.
Unfortunately, none of above is true in your case. So you won't be able to switch to 5 year parent route.

Yes, Your flr fp case will be even stronger after your child becomes British citizen, but Thats it.