Family Leave to Remain

[jkoyya]

Hello there,
We are on tier2 ict visa now. My son is 16 years old with an education, health and care plan. He is a slow learner and receiving support from local college in UK. Our visa will be expired in sometime. Going back to India will hamper his current progress. Going back to India will not help. Very less/no schools will offer a position in school/college. Wondering if we can apply for discretionary leave to remain to help my son proceed with his education. Any support will be appreciated.

Many thanks for your support.

Best regards,
JK

[CR001]

There is no longer a DLR route.

How long has he and you/spouse been in the UK?

[jkoyya]

Hi,
Thank you, we have been here since 2.5 years.

Best regards
JK

[jkoyya]

Hi,
We lived in UK during below period.

May'03 to Nov'04
Feb'07 to Nov'08
Mar'09 to Jun'11
Jul'16 to to date

He studied in UK during above said times.

Best regards,
JK

[CR001]

If he has not been living in the UK for a 7 year stretch continuously, you stand very little chance of succeeding with an FLR FP application.

Can your spouse not qualify and get a tier 2 general sponsor or either of you get a student visa??

[jkoyya]

Hi,
Hope you may help with my query. My immigration history earlier.

Lived in UK along with my family (my wife & son)
May'03 - Nov'04 (visa available from May'03 - Mar'05) - Work Permit
Feb'07 - Nov'08 (visa available from Feb'07 - Dec'08) - tier 2 ICT
Mar'09 - Jun'11 (visa available from Mar'09 - Mar'12) - tier 2 ICT
Sep'15 - Nov'15 (visa available from Aug'15 - Aug'18) - Came on a long term visa without family for two months. Tier 2 ICT.
Jul'16 - till date (visa available from Aug'15 - Aug'18 & renewed now till Aug'20) - tier 2 ICT

I have a son who have slow learning ability. Back in Jun'11 we have left the country as his EHCP (then Statement) is delayed by school authorities. After going back to India he went to international school (inclusive education) where the progress is not made. When we are back in Jul'16, he started making some good progress. He now have an EHCP plan since 2017 and the specialist services confirmed that he is autistic and have Learning Disability. We really want him to continue his studies. He is going to college now where he is getting additional support. It was clearly mentioned in the report that he is vulnerable to few situations (eg. difficulty with routes. He always need a person to assist). My son is now 17 and will turn 18 in Jun'20. He studied in UK from Reception - Year-4 between period 2007 - 2011. He continued to study from Dec'2016 till date. He is born in India. Though there are no immediate medical conditions that make compulsive to stay here, but we have a major concern that he wouldn't be able to continue his studies back in India as there are no colleges which can teach special students.

I recently met an immigration lawyer in London who given an option to go for ILR with my 10 year tenure route considering my son's case. Also mentioned the chances are very bleak. I understand Family Leave to Remain generally works on Article 8. Can Article 8 be applied in my son's case to continue his studies.

I'm looking for some support here. If anyone have any views, please let me know.
Many thanks for all your support.

Wishing you all a very happy & prosperous new year - 2020.

Best regards