new visa - ILR for the children who born outside of UK

[testinguk2010]

Hi admins,

I heard there is a new rule on june 2022 coming up that ILR can be granted those who are staying since 7 years in UK on private life (bornoutside of indiaa). am not sure whether their intiial visa should

Accelerated Process – For seven-year children who were not born in the UK, a new accelerated route will be introduced to enable these applicants to get ILR after five years leave instead of ten.

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as my child is on appendix fm(on basis of myilr), am not sure whether the above rule applicable fo rme
as the above rule for private life
The new rules relate to a child who has previously been granted leave to remain based on their private life – however my children leave was previously granted as a dependent under Appendix FM and therefore the new rules relating to earlier settlement are unlikely to benefit my children.

Please let me know the rule in detail

[vinny]

Under the current rules, if child has resided in the UK for at least seven years, then child may apply for leave to remain under the private life rules.

[testinguk2010]

Hi

Iam asking on the new rule of June 2022 whee it says those who born outside of uk ae elgible for ILR after spending 5/7 years

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kindy confirm whether my children apply for that visa..they orginally came on 2014 under pbs dependent visa(i was on ict established visa)...now my children on depenent vissa(on my ILR which i got last year)

they have been staying 7 years 8 months...but born in INDIA...are they elgiible for ILR settlement

[vinny]

The details of the changes are in HC 1118.

[zimba]

A person who arrived in the UK as a child and was subsequently granted
permission to stay based on private life, as either a child who has been resident
for 7 years, or a young adult who meets the half-life test (between the ages of
18 and 25), may be able to qualify for settlement after five years continuous
residence on the private life route. This replaces the requirement for such a
child or young adult to have permission under the private life rules for 10-
years to qualify for settlement;

Seems to apply to people who were granted leave under the private life route

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

[testinguk2010]

so it means that children have dependent visa Appendix FM are not conisdered ILR now though they are staying more than 7 years?

my children born in india came on pbs dependent visa aug 2014 and have valid Leave to remain till Jan 2024.

On 10 year route they should eligible on aug 2024. but problem is again they need to extend their visa in Jan 2024.

are you sure the new rule june 2022 doesnt support their ILR?

[zimba]

Children can settle when both parents settle so there is no qualifying period for them. However, when the parents are not both settled things will be different. As far as I see in the current rules, there is no such a thing as 7-year route to ILR for children. The current rules allow such a child to merely be granted leave under private life and NOT ILR.

Requirements to be met by an applicant for leave to remain on the grounds of private life
276ADE (1). The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(i) does not fall for refusal under any of the grounds in Section S-LTR 1.1 to S-LTR 2.2. and S-LTR.3.1. to S-LTR.4.5. in Appendix FM; and
(ii) has made a valid application for leave to remain on the grounds of private life in the UK; and
(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

Children under the private life could get ILR after spending 120 months in the UK when they normally cannot settle.

Requirements for indefinite leave to remain on the grounds of private life in the UK
276DE. The requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that:
(a) the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 120 months. This continuous leave will disregard any current period of overstaying where paragraph 39E of these Rules applies. Any previous period of overstaying between periods of leave on the grounds of private life will also be disregarded where –
(a) the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied;

The new rule changes allow children on the grounds of private life to be granted ILR after 60 months rather than 120 months but this seems to apply if they were granted leave under private life previously. This makes sense as any child who spent time under any visa route surely cannot qualify for ILR after just 60 months.