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Indefinite leave after 8-9 years with two dependents?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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vaatiaan
Newly Registered
Posts: 3
Joined: Wed Apr 10, 2013 11:12 pm

Indefinite leave after 8-9 years with two dependents?

Post by vaatiaan » Wed Apr 10, 2013 11:52 pm

Hi,
I came to the UK as a student with my two dependent children (14 and 15 years old at the time of entry) in Jan 2005. I've had several extensions as student then transferred over to post study visa and now I've just received my tier 1 entrepreneur visa which expires in April 2016.

During all this time my children have always lived in the UK as my dependents and are still my dependents on tier 1 entrepreneur visa. They have attended school, college and university here in the UK as they have never been back home since they came here back in 2005 and have been living legally as my dependents. Soon they will be 23 and 24.

Me and my children will complete the 10 year legal stay in Jan 2015. My question is that, are my children eligible to get ILR any earlier than 2015 as I've heard about this rule of 7 years or something for families, as my children have been here for about 8 and a half years now. Any help or advice will be highly appreciated.

Kindest Regards

quantum1
Member of Standing
Posts: 304
Joined: Mon Oct 17, 2011 5:31 pm

Re: Indefinite leave after 8-9 years with two dependents?

Post by quantum1 » Thu Apr 11, 2013 10:55 am

vaatiaan wrote:Hi,
I came to the UK as a student with my two dependent children (14 and 15 years old at the time of entry) in Jan 2005. I've had several extensions as student then transferred over to post study visa and now I've just received my tier 1 entrepreneur visa which expires in April 2016.

During all this time my children have always lived in the UK as my dependents and are still my dependents on tier 1 entrepreneur visa. They have attended school, college and university here in the UK as they have never been back home since they came here back in 2005 and have been living legally as my dependents. Soon they will be 23 and 24.

Me and my children will complete the 10 year legal stay in Jan 2015. My question is that, are my children eligible to get ILR any earlier than 2015 as I've heard about this rule of 7 years or something for families, as my children have been here for about 8 and a half years now. Any help or advice will be highly appreciated.

Kindest Regards
No, 7 years only applies for children 18 years old or younger. If your child is over 18 and under 25 then the concession is that they should have spent half their life in the uk. What this means is that this policy only applies to children who were younger than 13 years of age when they entered the uk. If the children where 13 years old or above when they entered the uk then they can never qualify for this route.

vaatiaan
Newly Registered
Posts: 3
Joined: Wed Apr 10, 2013 11:12 pm

Re: Indefinite leave after 8-9 years with two dependents?

Post by vaatiaan » Thu Apr 11, 2013 4:47 pm

quantum1 wrote:
vaatiaan wrote:Hi,
I came to the UK as a student with my two dependent children (14 and 15 years old at the time of entry) in Jan 2005. I've had several extensions as student then transferred over to post study visa and now I've just received my tier 1 entrepreneur visa which expires in April 2016.

During all this time my children have always lived in the UK as my dependents and are still my dependents on tier 1 entrepreneur visa. They have attended school, college and university here in the UK as they have never been back home since they came here back in 2005 and have been living legally as my dependents. Soon they will be 23 and 24.

Me and my children will complete the 10 year legal stay in Jan 2015. My question is that, are my children eligible to get ILR any earlier than 2015 as I've heard about this rule of 7 years or something for families, as my children have been here for about 8 and a half years now. Any help or advice will be highly appreciated.

Kindest Regards
No, 7 years only applies for children 18 years old or younger. If your child is over 18 and under 25 then the concession is that they should have spent half their life in the uk. What this means is that this policy only applies to children who were younger than 13 years of age when they entered the uk. If the children where 13 years old or above when they entered the uk then they can never qualify for this route.

Thanks for your reply quantum 1.

So, for under 18, the child needs to be here for seven years before they turn 18.

For under 25, the child needs to be here for half of their life, but a 13 year old will be able to get ILR through the 10 year long residence two years early when he or she turns 23. The 25 years rule for half life doesn't make sense for children who have lived here legally, or is not of any help for those children who have lived here legally.

So the only route left for my children is 10 years, I guess as long as the 10 years rule stays the same for another year and a half.

m0379179m
Junior Member
Posts: 52
Joined: Wed Apr 03, 2013 11:00 pm

under 13 years old

Post by m0379179m » Fri Apr 12, 2013 11:37 pm

hi,
I just known that, that a child who lived in the uk for more than 7 years and currently under 13 years old can apply for ILR !!

We are living here since 08/2003 without any absence from uk just 23 days holiday in 10 years.

Any advice or anyone has same situation like that.

many thanks

sancha
Junior Member
Posts: 78
Joined: Thu Feb 07, 2013 12:45 pm

Post by sancha » Sat Apr 13, 2013 6:41 pm

Hi
Me and my family in same situation. My son and daughter completed 7 years continous here in the UK as my dependent. They are under 18. I came here in 2005 on work permit and after 4 years made redundant so changed to student visa in 2009. In 2011 got post study visa and in 2012 got tier-2 visa which is valied until 2015. I am living with my wife and 2 kids continuous more then seven year in the UK. Please, can any one advise me the best way of ILR for my kids before 10 years. Tier 2 visa is employment related and we always have a fear in mind about redundancy which we experienced in the past in 2009. I will be thankful for any help on this.

r4rashed
Newly Registered
Posts: 29
Joined: Fri Nov 02, 2012 9:29 pm
Location: United Kingdom

Re: Indefinite leave after 8-9 years with two dependents?

Post by r4rashed » Thu Jun 20, 2013 9:14 pm

vaatiaan wrote:Hi,
I came to the UK as a student with my two dependent children (14 and 15 years old at the time of entry) in Jan 2005. I've had several extensions as student then transferred over to post study visa and now I've just received my tier 1 entrepreneur visa which expires in April 2016.

During all this time my children have always lived in the UK as my dependents and are still my dependents on tier 1 entrepreneur visa. They have attended school, college and university here in the UK as they have never been back home since they came here back in 2005 and have been living legally as my dependents. Soon they will be 23 and 24.

Me and my children will complete the 10 year legal stay in Jan 2015. My question is that, are my children eligible to get ILR any earlier than 2015 as I've heard about this rule of 7 years or something for families, as my children have been here for about 8 and a half years now. Any help or advice will be highly appreciated.
Kindest Regards
You shouldn't worry at all as you said you and your dependents are completing 10 years continus lawfull residence in 2015, then all of you will be eligible for ILR invidually.

wp-t4-t2
Newly Registered
Posts: 5
Joined: Tue May 21, 2013 9:54 pm

Indefinite leave after 8-9 years with two dependents?

Post by wp-t4-t2 » Thu Jun 20, 2013 10:51 pm

I am also in the same situation and my one child is under 10 years and second is 16 year old and both have completed 7 years continuous lawfully. Is there any option for visa extension or ILR in the event of redundancy? I will be very thankful for advise on this as one member in this forum told me that is only possible if child have ILR

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