Child Visa application Change

[manorana2009]

Hi all,

I have questions about my child stay and I am not sure if I have posted my query in correct category. if not Please accept my apologise.

I am on Tier 2 visa until Sep 2020 but prior to renew our visa my daughter might be eligible for discretionary leave to remain based on her 7 years continuously lived in the UK and she was born in UK as well. I will share short immigration history about her.

She was Born in the UK 2012 and she was in the country for until 2017. She left the country for 113 days because we change our visa category because we were able to apple within the country. Now she has visa until 2020. Total outside UK stay 192 days in 7 yrs.

If someone can advise can we apply for her discretionary leave. I know the application is a complicated process and we do not want to pay to lawyers if we haven't got the song case.

Thanks

[CR001]

Why do you want to do that when she has a valid visa?

7 year child route is not easy and often leads to refusal.

[manorana2009]

Thanks CR much appreciate your quick response.

I know applying discretionary leave for child one of the complicated application which is not easy.

There is no particular reason changing her Visa status. I was just wondering changing her Visa status might be better for her future she is now dependent visa but If she get discretionary leave to remain 2.5 years and after she might be eligible for citizenship.

Thanks

[CR001]

She will be eligible to apply for citizenship when either parent is granted ILR. This is an entitlement to register as British on form MN1.

If the parents already hold a valid visa in the UK, unlikely she will get another category visa when already dependent on parents visa.

It makes no difference to her 'future' and not sure why you think it does.

FLR(FP) 7 year child route isn't a quick or shortcut to anything, it is a 10 year visa route.

Note that if you are anticipating using Form T to register her as British as UK born and lived for first 10 years of life in the UK, she will likely fail as she has spent more than 90 days in one go out of the UK.

https://assets.publishing.service.gov.u ... b-2018.pdf

To satisfy the residence requirements you should not have been absent for more than 90
days in each of the first 10 years of your life.

We would not normally waive excess absences simply because:
• your parents were unaware of the requirements
• your parents’ absences, with you, were entirely voluntary

[manorana2009]

Thanks CR for the information.