LOTR Article 8

[jdcole716]

I have been granted Leave to Remain outside the rules on 9 April 2015.

I entered the UK on 4 Sep 2013 on a visitor's visa and had my British Citizen son 30 October 2013 due to an emergent situation.

I left the UK due to emergency, personal reasons on 28 June 2014 and returned back to the UK 30 October 2014 on a visitors visa.

I applied for settlement on 9 Apr 2015 with an expedited service and was granted LOTR due to exceptional circumstances based on Article 8 of the ECHR. It states Leave to Remain outside the rules.

Can someone please help me?

What is the next step I need to take?

I'm married to my British citizen spouse and have my British citizen son, who will be 4 in October.

Do I need to apply for ILR or have I (possibly & miraculously) met the requirements for settlement?

Sorry for being a bit daft, just want to check. Thank you.

[Obie]

In October, you will need to apply for a new set of 2.5 years visa. You will qualify for settlement after a period of 10 years.

[jdcole716]

Hi Obie,

I thought that might be the case. Is there no other way around it?

If I go on the gov.uk website to click on their questionnaire for the settlement part (https://www.gov.uk/settle-in-the-uk), then click on "None of these", it states:


You may not be eligible to apply
Your answers suggest you aren’t eligible to settle, unless:

-you’ve been in the UK legally for 10 years and could apply to settle because of long residence
-there are exceptional compassionate circumstances which you must explain in detail if you choose to apply

Check the guide for other ways to remain in the UK.

This might be the most obscure way, but do you think it's possible?

J x

[CR001]

There is no way around it. You need to apply for extensions as they come up after each 2.5 years.

ILR and citizenship both require a period of residence, no shortcuts for these two.

[jdcole716]

Thank you kindly for the advice.