Limited leave to remain 10 years route as a carer

[Halle19]

Please can someone here help clarify. I am on a 10 year parent route and I also have a child with disability. I read somewhere that if you are a carer or a parent of child will disability you can apply for indefinite leave to remain after completing 5 years limited leave while on a 10 year parent route?

[CR001]

No you can't. You can only apply for ilr.on the 5 year route if you have FLR granted under 5 year immigration rules. They are separate to the 10 year rules.

[secret.simon]

I read somewhere that if you are a carer or a parent of child will disability you can apply for indefinite leave to remain after completing 5 years limited leave while on a 10 year parent route?

Always worth providing a link to the document you read somewhere for us to be able to advise further.

What is the UK immigration status of the child?

[Halle19]

The child is British and I can’t find the link now as read it two years ago it was on .gov.Uk immigration page I came across by navigating through different links. I have it confirmed by two different solicitor, the only problem is they are discrepancy on the number of years one confirmed the 5 years and the other one said it’s after 7 and half years so I am a bit confused hence my seeking for third opinion.

[Halle19]

Here is the post regarding early application for ILR

Family visas: apply, extend or switch


Check the guidance under financial requirement:


When you do not need to meet the income requirement
You may be able to settle in 5 years without meeting the minimum income requirement if either:

you’re applying as a parent

you get certain benefits, for example Disability Living Allowance or Carer’s Allowance.

[CR001]

You need to hold a visa issued under the 5 year immigration rules. You have stayed you are on the 10 year route.

You cannot simply apply for ilr based on 5 years if you are not on the 5 year route under the immigration rules.

It is the immigration rules you are granted a visa under that determines how long you have to wait before you can apply for ilr.

[Halle19]

The reason why I was put on the 10 year route was because I didn’t meet the financial requirements at that time as the child disability wasn’t concluded. Having a DLA or a carer Allowance can make a difference regardless on which route I was on previously I think?