ILR based upon child 7 year stay

[zahmad29]

My wife is on student visa valid until Sep 2016. I am on student dependant visa of my wife. We have been in UK now since 6 years. Our 6.5 year child is also living with us. In Aug 2015, my child will have continuous UK stay of 7 years. Can we apply for ILR on 7 years child stay? A solicitor has told us that since we already have student valid visa, our ILR request will be rejected. Please help. Thanks

[Amber]

What your solicitor should tell you is that you can't apply for ILR due to your child being 7 years in the UK. The provisions are for a 10 year route to settlement.

[zahmad29]

Amber, Thanks very much for the reply.
1- So we can apply for FLR for us and our child, next year and parents visa (student or any other), does not have any affect on the child 7 year concession application.
2- Any other requirements such as minimum income, bank statement, job conditions etc?
3- Which rule should we study for reference please?

Thanks in advance!

[Amber]

See 276ADE (1)(iv) and bare in mind, that you must show, it would not be reasonable to expect the applicant to leave the UK. Also see, exception 1 for the parents.

[zahmad29]

How we can we show that 'it would not be reasonable to expect the child to leave the UK', while at time of application, parents have valid student uk visa. What are the point/documents we can include in application to satisfy 276ADE (1)iv.

Thanks!

[vinny]

It may be difficult to show that.

[zahmad29]

It may be difficult to show that.

Does this mean that there are little chances for applicants who want to use 276ADE (1)iv rule? Anyone who have success under this rule?

[benneviss]

Hi ,

Yes, hypothetically if your child is in the UK for more than 7 years you would get extension , however CW takes different view.

I knew few people who had applied with this route and their applications were rejected . They are now waiting for JR to be heard .

I believe that the Judge would be able to clarify the confusion on the issue and people would able to claim extension easily .

Until then you have to wait.

[zahmad29]

Thanks Benneviss, and all others for great replies. Please post here the outcome of JR. It will help me and many more to apply with confidence.