7 Years Child Residence Route

[Happydays11]

if child granted 30 months under "7 Years Child Residence Route" . is he wait another 10 years to get ILR or as soon as 10 years completed which is in next 3 years.

[vinny]

What’s his immigration history?

[Happydays11]

not for me , one of my friend

child granted 30 months
parents applied for leave they are waiting for their application. they understand if they granted this will be under 10 years rule. but they want to know "is child has to complete another 10 years to qoulify" or after 30 months when 10 years completing.

regards,

[secret.simon]

Did the child have any legal residence in the UK before they were granted the 30 months under "7 Years Child Residence Route"?

The child will be eligible for ILR when they complete 10 continuous years of legal residence in the UK.

So, if they were illegally resident in the UK before the grant of the visa under the "7 Years Child Residence Route", then it will be 10 years after the start of that visa.

On the other hand, if they were living in the UK legally on other visas, all their time living in the UK continuously will count for the purpose of applying for ILR Long Residence.

So, again, as @Vinny asked, what is the child's whole immigration history?

[Happydays11]

Thanks secret!

i believe child was legal till 6 years as their parents unable to gain extension. then they use 7 years route to legalise their stay. so above child was legal 6 years and then successful application on 7th years. there is gap of one year or illegal.

Q: so looking your answer child can apply on or after 11 years .. if i understand correct.

[secret.simon]

Thanks secret!

i believe child was legal till 6 years as their parents unable to gain extension. then they use 7 years route to legalise their stay. so above child was legal 6 years and then successful application on 7th years. there is gap of one year or illegal.

Q: so looking your answer child can apply on or after 11 years .. if i understand correct.

10 years of continuous legal residence is required. If they were illegal for a year (or for any period of longer than 14 days), their ILR(LR) clock was reset to zero and then restarted from zero when they were legalised again by leave under the 7-year child route.

The child will be eligible for ILR 10 years after their residence in the UK became legal again by the grant of leave under the 7-year child route.

[Happydays11]

just spoke to him

they applied while JR was pending, and JR was applied within allowed time. no idea how it works

[secret.simon]

JR does not extend Section 3C leave.

So if they had filed a JR, it is likely that they were already overstaying by the time they applied under the 7 year route.

[Happydays11]

pls refer to below post

indefinite-leave-to-remain/5-years-irl- ... l#p1982218

Zimba thinks above link is ok, case look similar to this, as they file JR and then they varied to 7 years root before hearing.

what you think.