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Settlement eligibility for child after 7 years

Posted: Wed Apr 26, 2023 5:26 pm
by highend2023
Hi all,

I am on Long term ICT and have been in UK from 2007-2008, 2011-2016 and 2017 until now. My child was born in UK in 2007 and my wife and kid are on dependant VISA. We were back in India for 3 years Sep-2008 until Aug-2011 and again for 1.5 years Mar-2016 until Sep-2017 (went for VISA cooling period). My daughter has schooled in UK from 2011 starting with reception for 11 years (with 1 year break in 2016-2017 where she studied in India). She is 16 now and in Year 11. Will she be eligible for settlement visa based on the 7 year completion criteria ? She will be 17 years 5 months when she completes 7 years based on the entry date of September 2017. I have my long term ICT visa expiring in 2026 August.

Thanks in advance.

Regards

Re: Settlement eligibility for child after 7 years

Posted: Wed Apr 26, 2023 6:26 pm
by zimba
Probably not if she is not under private life route: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085439

Re: Settlement eligibility for child after 7 years

Posted: Thu Apr 27, 2023 4:19 pm
by secret.simon
As @zimba mentions in the thread they linked to above, another element required for ILR is to show that it is unreasonable for the child to leave the UK. Even children born in the UK and who have lived here all their lives need to meet this test.

In your child's case, they have lived extensively abroad and even done a year of schooling abroad. Therefore they seem to be able to adjust to life outside the UK fairly easily. Therefore the "unreasonable" requirement would be much harder to prove.