ILR for Kids

[Imesh]

Hi,

My kids arrived in UK on Tier 4(Child) student visa in August 2014, their mother accompanied them on Parent of a Child visa. The age of kids was (9 & 6 years) on their first entry to UK. Their student visa is valid till Jan 2020. Could you please enlighten me when I should submit ILR application for my kids.

Thanks in advance.
Regards,
ID.

[CR001]

Tier 4 visas DO NOT lead to ILR, so they cannot apply for ILR on their current visas.

https://www.gov.uk/child-study-visa

You can’t:

study at an academy or a local authority-funded school (also known as a maintained school) or further education college
get public funds
take a full-time permanent job or be self-employed
work as a doctor or dentist in training
work as a professional sportsperson (for example a sports coach) or entertainer
settle in the UK on this visa
bring in family members (‘dependants’) - if your parents want to accompany you, they’ll need to apply for a Parent of a Tier 4 (Child) visa

[secret.simon]

As CR001 has advised, Tier 4 visas do not lead to ILR/settlement.

If they maintain legal residence in the UK for ten continuous years, with absences of no more than 540 days across the 10 years AND no single absence of longer than 180 days, then the children could apply for ILR under the Long Residence in 2024 (assuming that the Rules do not change by then).

[Imesh]

Hi,
Thanks for your reply, appreciated.

Ii is worth consideration that, there are very few cases with HO when kids at the age of 6 comes to UK for study. And since they have spent their basic lives in UK & are very much mingled in the UK culture it will be not good that they are send back to their origin country. On this ground I think I can apply for their ILR after completion of 4/5 years stay.

Any comments please.

[CR001]

I believe you are mistaken. To qualify for ILR, they must be on a visa category that leads to settlement/ILR.

Or have 10 years long residence.

[Imesh]

Thanks again for clarification.

But, according to Paragraph 276ADE(1)(iv) requires that the applicant must be under the age of 18 years and must have lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it should not be reasonable to expect the child to leave the UK. The application on the basis of 7 years residence of the child is made using application form FLR (FP).

Can you please comments whether this clause support child who has lived in the UK for 7 years continuously can apply for leave to remain on the basis of private life.

Thanks

[CR001]

You have asked in your opening post about ILR.

You did NOT ask about the FLR(FP) 7 year child route, which is not the easiest visa to get and can take many months, sometimes longer than a year to get a response from HO.

[Imesh]

Thanks for reply.

Yeah I do ask for ILR through the possible available routes.
So from the comments above, it seems the only way is 10 year route.

Please let me know if there is any other clause or rules which can provide the ILR status early. May be through visiting any law firm and getting their expertise..

Your reply is awaited.

Regards,

[CR001]

Based on their current visa, there is no 'quicker' or 'earlier' route to ILR for them.

[Imesh]

Thanks,

So in this case, do you think my wife who is on parent of a child visa will have to return back to country after the kids are 12 years old as per eligibility criteria mentioned on Gov.uk.

Can you please put some light how I will be able to extend her visa ? Considering we don't have any relatives in UK, how a 12 years child can stay alone ?

Your reply is appreciated as this question is linked with my kids ILR...

Regards,

[Imesh]

Dear Team,

Please keep this thread open, as I am waiting for your comments on the below query.

"So in this case, do you think my wife who is on parent of a child visa will have to return back to country after the kids are 12 years old as per eligibility criteria mentioned on Gov.uk.

Can you please put some light how I will be able to extend her visa ? Considering we don't have any relatives in UK, how a 12 years child can stay alone ?

Your reply is appreciated as this question is linked with my kids ILR..."

Regards,