Applications on the Basis of Family Life and Children

UK VISA AS A PARENT OF A CHILD WHO HAS LIVED IN THE UK FOR SEVEN YEARS CONTINUOUSLY WITH ADEN & CO SOLICITORS 

Aden & Co Solicitors have been one of the leading and the most trusted immigration solicitors in the UK for last more than 20 years. In last several years, we have assisted and helped numerous clients by helping them to obtain UK Visa as Parent of a Child Who Has Lived in the UK for 7 Years Continuously.

We assure you outstanding services, and once you count on us, every major problem of yours will be our priority. We make sure that everything is handled correctly and that is why we make sure that we process your application for UK Visa as Parent of a Child Who Has Lived in the UK for 7 Years Continuously effectively to assure you peace of mind.

Our UK Visa as Parent of a Child Who Has Lived in the UK for 7 Years Continuously processing has been one of the most reliable and cost-effective services that you can ever get and that has been the reason why we have been the first choice of hundreds of clients for last several years.

We have the best customer support that can help you with different languages including English, Urdu, Hindi, Punjabi, Arabic, Somali etc, because your comfort and understanding is our priority.

We can also arrange qualified interpreters for any language you speak.

OVERVIEW 

With effect from 9 July 2012, the Immigration Rules were changed to introduce a new category to apply for leave to remain in the UK on grounds of family life as a parent of child who has lived in the UK continuously for seven years.

The New Rules do not mean that the old seven years child concession policy has been re-instated. Seven years child concession policy was a concessionary policy and was not part of the Immigration Rules.

The new category to apply for leave to remain in the UK on grounds of family life as a parent of child who has lived in the UK continuously for seven years is part of the Immigration Rules.

Unlike the old seven years child concession policy, the Home Office will not grant indefinite leave to remain (ILR) on an applicationfor leave to remain made on grounds of family life as a parent of child who has lived in the UK continuously for seven years.

According to the Immigration Rules, the Home Office will grant initial leave to remain for a period of 30 months and upon completion of ten years residence in the UK under this category a person can apply for indefinite leave to remain (ILR) unless he is eligible to apply for indefinite leave to remain (ILR) earlier on the basis of ten years long continuous and lawful residence.

In order to qualify for initial leave to remain for 30 months as a parent of a child who has lived in the UK continuously for seven years it is essential that you do not have any unspent criminal convictions and you have not caused deception in any previous applications made to the Home Office.

According to Immigration Rules it is seven years continuous residence of the child that is required and not that of the parent. At the time of the application, the parent must have been enjoying family life, as envisaged under Article 8 of the European Convention on Human Rights (ECHR), with the child who has lived in the UK continuously for seven years.

It is pertinent to note that for the application to succeed as a parent of child who has lived in the UK for 7 years continuously, the Immigration Rules require that:

E-LTRPT.2.3. Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK);or
(b) the parent or carer with whom the child normally lives must be-  
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.  

E-LTRPT.2.4. (a) The applicant must provide evidence that they have either-

(i) sole parental responsibility for the child; or
(ii) access rights to the child”

The above cited Rule shows that single parents with sole responsibility for the child can succeed in such applications.

As an alternative, an applicant who is not a partner of the other parent of the child and where the other parent of the child is a settled person with Indefinite leave to Remain (ILR) or is a British Citizen can succeed in such applications.

If both parents are living with the child and they are partners to each other and neither of them is settled in the UK then the Home Office is likely to refuse the application under the Immigration Rules.

It  should however be noted that the Home Office does not consider Article 8 of the ECHR in the same manner as the Courts and therefore in such cases where the Home Office have refused an application, one may have good chances of success on appeal.

SUMMARY

Where a family with a child or children who have lived in the UK for 7 years or more apply for leave to remain on the basis of paragraph 276ADE(1)(iv), there is a strong argument that the application should normally be granted if the period of residence is satisfied and there is no bad behaviour by the applicants, they have settled well and have integrated in the UK and therefore it would be unreasonable for the child or children to have to start their life again in another country. The longer the child has lived in the UK, the stronger the case will be. Other factors in an applicant’s favour would be lawful presence by the parents and residence as an older child.

WHICH APPLICATION FORM

An application for leave to remain in the UK on grounds of family life as a parent of child who has lived in the UK continuously for seven years is made to the Home Office on application form FLR (FP).

PERIOD OF LEAVE GRANTED

If the application is successful then the parent as well as the child who has lived in the UK continuously for seven years will be granted leave to remain for 30 months.

APPLYING FOR EXTENSION OR FURTHER LEAVE

28 days before the expiry of this initial 30 months leave, you will need to make an application for extension of stay under the same category.

Time spent with leave to remain as a parent of a child with seven years continuous residence will be counted towards ten years lawful continuous residence for the purposes of making an application for indefinite leave to remain (ILR) on the basis of ten years long residence.

It will also be possible to switch from this category to certain other categories from inside the UK e.g. Spouse visa, Unmarried Partner Visa, Civil Partner Visa, Same Sex Partner visa, etc.

Why choose Aden & Co. Solicitors?

We at Aden & Co. Solicitors are experts in assisting and advising you to make a proper and meritorious application for a UK Visa as Parent of a Child Who Has Lived in the UK for 7 Years Continuously.

Once you instruct us in relation to your application for a UK Spouse Visa we will advise you thoroughly on relevant documents and evidence required to be submitted with your application for UK Visa as Parent of a Child Who Has Lived in the UK for 7 Years Continuously.

We will discuss and agree with you a Fixed Fee for handling your case. The Fixed Fee will depend on the nature and complexity of your case and will be agreed in advance to ensure there are no hidden costs and everything is completely transparent.

We will also prepare detailed statements of sponsorship, covering letter and relevant documents in support of your application UK Visa as Parent of a Child Who Has Lived in the UK for 7 Years Continuously.

We will continue to assist you until a decision is made on your application for UK Visa as Parent of a Child Who Has Lived in the UK for 7 Years Continuously.

We will ensure that your case is handled smoothly at all stages.