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7 Year Child ILR query< Need quick advise>

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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raosmita3003
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Posts: 31
Joined: Thu May 26, 2022 12:59 pm
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7 Year Child ILR query< Need quick advise>

Post by raosmita3003 » Fri May 03, 2024 3:03 pm

Hi
I have been in UK from 2017 initially on T2 ICT and now on Skilled worker visa and for 9 months in 2016. I have completed 3 years on the Skilled worker visa and 2 more to go to apply for an ILR.
Total as of date I have spent 8 years in UK on various work visas.
My daughter has spent around 7.5 years continuous in UK along with me as a dependent on my visas(ICT + Skilled).She is born in India.

I have two queries
1.Whether she is eligible to apply for a 5 year visa under the 7 year child ILR route?
2. If the answer to point 1 is Yes then can the parents apply for a family visa for 2.5 years under the same rule. Please confirm as the wordings in the UK visa guidelines are not clear.

Best
Ms Rao

vinny
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Re: 7 Year Child ILR query< Need quick advise>

Post by vinny » Fri May 03, 2024 3:26 pm

1. Child’s limited leave under Private life is subject to Residence requirements for a child on the Private Life route
PL 3.1. Where the applicant is aged under 18 at the date of application the following requirements must be met:
  • (a) the applicant must have been continuously resident in the UK for at least 7 years; and
  • (b) the decision maker must be satisfied that it would not be reasonable to expect the applicant to leave the UK.
References
Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 (12 April 2019)
KO (Nigeria) and Others v Secretary of State for the Home Department [2018] UKSC 53 (24 October 2018)
Evidence it would be unreasonable to leave the UK

2. See also two parents.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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zimba
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Re: 7 Year Child ILR query< Need quick advise>

Post by zimba » Fri May 03, 2024 3:43 pm

Not possible unless such a child was granted leave under private life: indefinite-leave-to-remain/what-chances ... l#p2077887
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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