Immigrationboards.com

Hi,

I have been in the UK for last 10 years with gaps related to work travel. However from 2014 onwards I have been maintaining the stay criteria. I have been under ICT TIER 2, TIER 4 dependent and TIER 2 general visa and my family are with me as dependent.

As per the new private life route changes I am just wondering will there be any chance for us or for my son to get ILR this year instead of waiting till 2024 Feb.

• My son born outside uk and came to uk when he was 2 years old and have been here for the last 8.5 years.
  Is there any chance for him to get ILR based on the new route. He has been under ICT TIER 2, TIER 4 and TIER 2 general visa dependent category for all these years.
  If he can eligible for ILR now through the new route then the parents can also apply for ILR.

This could be the most dumb question but the legal words on the rules its really confusing. I tried reading the rules before posting this message and my understanding is that the kid has to be in the uk already under private life visa to be eligible for the ILR. Is my understanding correct.

Can anyone clarify my above questions please.

You do not benefit at all from them. Your best bet is the long residence.
Your child also very likely does not benefit as he is simply your dependant and it is reasonable to expect him to leave the UK with you. The rules say that such a child should be resident in the UK for at least seven years who can’t reasonably be expected to leave (‘seven-year children’)

Also, note that it seems to apply to children who were granted leave under the private life route

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;

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

Dear Zimba, Many thanks for the reply. It clears my doubt.

Apologies for the late response.