10 year Parent Leave - Dependent Child Costs

[shal5566]

Hello members, I've found this forum to be incredibly supportive since my arrival in the UK back in Oct 2015 as dependent on my ex husbands visa. Today, I find myself in a bit of a confused state, seeking guidance on an immigration matter.
Following my divorce back in 2021 I was granted leave under 10 year parent route basis ''GEN.3.2. of Appendix FM, that there are exceptional circumstances in your case which would render refusal a
breach of Article 8 due to your children's’ circumstances, and that it would be
unreasonable to expect your family life to continue from overseas. You are
therefore being granted under the provisions of GEN 3.2''. Visa was granted till June 2024 so I have to apply for further 2.5 years extension in June 2024 which is imminent.

I have 2 children -
Child 1 - 13 year old (born outside UK but now has lived 7 years continuously in UK )- Currently on skilled worker dependent visa till June 2024
Child 2 6.5 year old - Born inside UK and becomes eligible for ILR in 6 months time - Currently on skilled worker dependent visa till June 2024

I share joint custody with my ex husband.

Issue - My visa comes for renewal in June 2024, my ex switched to skilled worker last year and continued to have them as dependents under 3 year application i.e. 2026. He was granted 3 years however HO decided to grant children visas only till June 2024 (1.5 years) as per clause SW36.2 in line with parent who has shortest leave which is me. The appeal was rejected as well citing the above reason.

This means I have to now add them as my dependents or choose a best possible option for extension of their visa until ILR.

I am seeking best possible guidance which would avoid me and my ex paying over 7K just for children in HO fees now and then again in 6 months when they are due for ILR . So we would be out of pocket by almost 14K which we do not have means to pay for!

I have a couple of questions and seek your guidance,
1) Child 1 13 yrs old - Separate application to move to private life visa FLR - FP or add as dependent? Has lived in UK since 2015 so under 7 yrs continuous residence, born outside UK. Does she need to be also on private life min for 1 year before becoming eligible for ILR or becomes eligible moment she has private life visa or dependent visa granted under mine for ILR?
2) Child 2 6.5 years old - Include as dependent, but how can I avoid paying fees now and again in 6 months time i.e. Nov for ILR? Can a waiver be granted if applied?
3) A possible option is Section 3 c Waiver - I understand this is purely based on affordability, we both have jobs so may not qualify and are NRFP ( no public funds access ). Can we apply purely citing needing waiver for children as costs are too high and again due in 6 months?
Does a waiver need applying first before my renewal application or it can be a separate one just for children?
4) Section 3C or waiver app has a long wait time by which current leave expires - While they can continue to stay is it still the best approach as by the time HO responds child 2 would become ILR eligible so can directly apply for that instead of 2 applications in 6 months

Sorry for the long post, I sincerely await your advice and guidance on this matter.

[secret.simon]

Since you arrived in the UK in October 2015, you would be eligible for ILR Long Residence in October 2025. Presumably, your ex-husband would be eligible for the same either at the same time or earlier than that.

Since Child 2 is born in the UK, they don't need ILR. If you renew their dependent visa in June 2024, they can stay on that visa till end of 2025/beginning of 2026, when at least one parent is likely to get ILR. The child can then apply directly to register as a British citizen, without having ILR.

HO decided to grant children visas only till June 2024 (1.5 years) as per clause SW36.2 in line with parent who has shortest leave which is me. The appeal was rejected as well citing the above reason.

I'm not sure why you appealed. It is a long-standing rule that children born overseas follow the same immigration pathway as the second/less-privileged parent, in this case, you.

1) Child 1 13 yrs old - Separate application to move to private life visa FLR - FP or add as dependent?

There are some factors to consider.

There are three requirements to meet when making this application: Under the age of 18, at least seven years residence in the UK AND that it would be unreasonable to expect the child to leave the UK. You'd want to prepare for documentation to meet that last requirement.

For this route, you can apply for a fee waiver. The requirements to apply for a fee waiver are that you (the parent, in this case),

• do not have a place to live and you cannot afford one

• have a place to live but cannot afford your essential living costs like food or heating

• have a very low income and paying the fee would harm your child’s wellbeing

Also be aware that the Private Life application can take 12 months, and that the fee waiver application itself can take a few months. So, by the time the application is decided, it may be time to apply for ILR for that child anyway (when both parents have applied for and received ILR).

And keep in mind that there is no fee waiver for ILR applications.

Section 3c Waiver

Not sure what you are talking about. Section 3C leave is an automatic extension of leave if a valid immigration application is made before any existing leave to remain expires. The requirements for fee waiver are mentioned above.

[shal5566]

Since Child 2 is born in the UK, they don't need ILR. If you renew their dependent visa in June 2024, they can stay on that visa till end of 2025/beginning of 2026, when at least one parent is likely to get ILR. The child can then apply directly to register as a British citizen, without having ILR.

Thank you, are you suggesting he can continue as PBS dependent on his dad's visa? His father has SW till 2026, Can I add him as a dependent on my visa application instead, believe costs are similar?

On Child 1 - I can add as my dependent too, when I read Appendix FM, it states the child who has spent 7 years continuous residence in UK would be given leave basis that even if different than parent (could be longer). Also, is my understand correct that she directly then qualifies for ILR once granted leave as my dependent on private life under my FLR-FP application. The rule states ''Child who came to UK 7-year route: a person who came to the UK as a child and who has been continuously resident here for 7 years and gained permission to remain based on their private life can now apply for settlement after 5 years.'' I was confused on the 5 year part but assume that's already part of the 7 years she has been here on visa as PBS dependent. Will Child 1 have to wait further 1 year on private life visa?

In terms of Waiver - Dont think we would qualify basis the reasons so might have to figure the fees part somehow. Appreciate your insights

[Frontier Mole]

The issue here is that the only person relying on Family Life route is you. The father and the children have stepped away from whatever route they had before and are on the skilled worker route. So there are no acquired 7 year child rule that now lead to ILR. The children and your ex-husband will be able to seek ILR under the 5 year route or the 10 year continuing legal leave, whatever date comes first.
So when you extend your leave attempting to move the children back to FP is going to be treated as a new application. It is unlikely to be accepted as there is no need when they have dependent status under skilled worker route.
I believe the only route available is for you to extend you current leave with the children extended in Skilled Worker dependent at the same time.

[Frontier Mole]

If believe it would have been better if the children stayed on the FP route

From gov.uk

You can include time you’ve spent on any other visas which lead to indefinite leave to remain. You must have had a visa based on your private life for at least one year on the day you apply.

[shal5566]

Do you mean add them both as my dependents in my extension under FLR FP? They are currently on SW dependent visa of their dad.

Also Child 1 who is 13 has been in Uk over 8 years. If I add as dependent under me or even separately apply as private life then would she be eligible for ILR following grant of visa or has to wait another 1 year on private life to be eligible? I think can directly apply for ILR as came to UK as a child, lived 7 years and 5 years on a lawful visa so won’t have to wait a year.

[CR001]

It clearly says the child needs 1 year in private life visa. This is regardless of them already being here for 7 uears. It isnt an option of either one or the other.

[shal5566]

Understood, thank you.

In this case it doesn't then make sense to move Child 1 as my dependent as it won't fast track ILR under PL route.

Maybe both Child 1 and 2 can continue as PBS dependent in that case and renew the visa.

Since Child 2 is born in the UK and completes 7 yrs in Nov 24 would be eligible for ILR, can we (parents) and child 1 apply as dependents in that application which would grant us ILR too?

[Frontier Mole]

Sorry to be incredibly blunt - at no point will your children now come under the 7 year child route. They stepped out of that possibility as soon as they became skilled worker dependents. They can only benefit from the 7 year child route if they are currently on Family Life route. They aren't on that route and cannot readily return to that route from skilled worker dependent.

The children will follow the route to ILR that you or your ex-husband gathers first. From your explanations it would appear that the 10 year continuous legal stay will become the earliest point for you or your ex-husband.

You are clinging onto a belief that the 7 year route will somehow be available and is some sort of saviour route to ILR for you or your ex-husband. That is not the case and will not be the case going forward.

There is only one option - you extend your FLR(FP) and the children extend their skilled worker dependent visas on the basis of the earliest expiry date of either parents leave. In this case the ex-husbands visa expiry date.

There is no work around or quick fix to this situation.

[shal5566]

Sorry to be incredibly blunt - at no point will your children now come under the 7 year child route. They stepped out of that possibility as soon as they became skilled worker dependents. They can only benefit from the 7 year child route if they are currently on Family Life route. They aren't on that route and cannot readily return to that route from skilled worker dependent.

Child 2 who is born in the UK would be considered for ILR under 7 year continuos guidance. The very least one child has an ILR this year then.

The children will follow the route to ILR that you or your ex-husband gathers first. From your explanations it would appear that the 10 year continuous legal stay will become the earliest point for you or your ex-husband.

You are clinging onto a belief that the 7 year route will somehow be available and is some sort of saviour route to ILR for you or your ex-husband. That is not the case and will not be the case going forward.

There is only one option - you extend your FLR(FP) and the children extend their skilled worker dependent visas on the basis of the earliest expiry date of either parents leave. In this case the ex-husbands visa expiry date.

Maybe this is partly an option then I extend my application, child 1 and 2 both continue as SW dependents until Child 2 becomes ILR eligible. Following completion of 10 years me, child 1 and ex-husband can all go for 10 yr LR ILR route

There is no work around or quick fix to this situation.

[Frontier Mole]

NO - there is no 7 year route for either child. As neither child is here on FP leave.

Please for your own sanity leave the whole idea of the 7 year route alone - it doe not apply in these circumstances.

The mistake was made when your ex-husband moved the children onto skilled worker dependents. That stopped the 7 year route being available to the children. That cannot be undone.

The only advantage child 2 has it there is no need to apply for ILR and they can be granted citizenship in time without ILR

[shal5566]

NO - there is no 7 year route for either child. As neither child is here on FP leave.

The guidance says otherwise, child born in UK can apply or be a dependent on PL following 7 years continuos residence,
https://assets.publishing.service.gov.u ... e_life.pdf

Also under https://www.gov.uk/guidance/immigration ... ivate-life

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.

[Frontier Mole]

Since you arrived in the UK in October 2015, you would be eligible for ILR Long Residence in October 2025. Presumably, your ex-husband would be eligible for the same either at the same time or earlier than that.

Since Child 2 is born in the UK, they don't need ILR. If you renew their dependent visa in June 2024, they can stay on that visa till end of 2025/beginning of 2026, when at least one parent is likely to get ILR. The child can then apply directly to register as a British citizen, without having ILR.

As previously advised

[Frontier Mole]

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.

They are NOT on the Private Life route. That route ceased the minute they were granted leave to remain under the skilled worker dependent visa.

I am struggling to see why you are not understanding the immigration status they have now is not under Private Life - they are on a completely different route and the Private Life route no longer applies in any shape or form.

[shal5566]

Sorry missed including a critical point
alidity requirements for settlement on the Private Life route
PL 11.1. A person on the Private Life route who is applying for settlement must apply online on the gov.uk website on the specified form as follows:

Adult (aged 18 or over) Settlement on the private life route
Child (aged under 18) Settlement as a child (including a child aged over 18 already in the UK as a dependent)
PL 11.2. An application for settlement must meet all the following requirements:
(a) any fee must have been paid; and
(b) the applicant must have provided any required biometrics; and
(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
(d) the applicant must be in the UK on the date of application.
PL 11.3. An applicant must have, or have last been granted, permission on the Private Life route, unless they are a child who was born in the UK.

PL 11.4. An application which does not meet all the validity requirements for settlement on the Private Life route may be rejected as invalid and not considered.

[Frontier Mole]

Child 2 DOES not need ILR - as previously explained by secret-simon....

[Frontier Mole]

There is one simple question - what route are the children on now - not the FP route. Does any of the FP route guidance apply to them - NO.

Child 2 was born in the UK and that gives them an easier route to British Citizenship but unless they are currently on FP leave the 7 year rule does not apply. The 7 year route was designed for children that remained under FP and other similar routes and was never designed as a transferable right to other "regular" immigration routes. It is not a catch all for children staying in the UK for 7 years. It applies in the narrow routes of FP, failed asylum claims, outside the rules leave and humanitarian leave.

IF they had stayed as dependents under your leave there would not be an issue, applying for the 7 year child route would have been available. It was potentially a very costly error moving to skilled worker dependents.

Did you seek advice before the children were included in the skilled worker visa?

[shal5566]

Thank you for your help and support so far. Appreciate it.

They were always dependents on sw visa on my ex. When we divorced my solicitor advised me to apply under 10 year route considering children are already in UK as dependents. This was in Dec 2021.
My ex got a new job and ported visa align with dependents to another SW. until then the dependents had visa validity till 2026 which was curtailed to June 2024 in line with me as parent with shortest leave.

From private life guidance I see no reason on why they would not allow me to add them or child 1 as my dependent now under PL or separate PL for child considering staying in Uk over 8 years already.

From Costs I understand I have no way out now for either options it’s just which ever can be shortest route to IlR.

On your point FP guidance can apply to them as per appendix private life. Only issue with C1 is having to be on 1 year route on FP with 12 months decision time as well. Rather they continue on dependent renewal application and I also submit mine same day so all 3 of us have applied. In Oct next year we all anyways get settlement with C2 eligible to jump to citizenship directly

[Frontier Mole]

It is much clearer now - thank you for explaining the back history.

Your children have never been on FP and will not be able to transfer to you as dependents on your FP. You are actually an indirect dependent on their continued leave in the UK and not the other way about.
You have been granted leave to remain in order to continue a private life with your children on the basis you did not have another route to remain. They are not dependent on you for their continuing leave and never have been.
The children have leave under the work visa route and cannot switch to FP and their route to ILR / citizenship is solely through the worker route or the continuous legal stay of 10 years route.

You are attempting to manipulate the FP rules to fit your children into a route that they have not been part of, cannot join and do not benefit from.

I am repeating myself - There is no choice in these circumstances, the children apply for an extension of their work visa dependent visa in line with your application for an extension of your FP. The children will be granted leave to end of the expiry of your ex-husbands current work visa. Thereafter once the 5 years on the work route or 10 years continuous legal residency is achieved they will be eligible for ILR / Citizenship.

I am departing the topic as we are going round in circles.

Please seek professional legal advice as you plainly don't agree with the advice on the forum, particularly in regards the 7 year rule.