The UK Visas and Immigration introduced this new category to apply for stay on the basis of family life as a parent of a child who lived in the United Kingdom continuously for 7 years. This is a reinstatement of the seven years child concession policy. Under this new provision, the government can possibly grant indefinite leave to remain (ILR).
You can qualify for an initial leave of 2.5 years as a parent of a child who has lived the UK for 7 years continuously if you do not have any unspent criminal convictions or any civil injunctions made against you or any deception submitted to the Home Office.
The 7 years continuous residence is intended for the child not for the parent. The parent can succeed if he or she can prove that human rights element is engaged protected by Article 8 of the European Convention on Human Rights (ECHR).
What Does The Immigration Rules Say?
This is also known as LTRPT (Leave To Remain As A Parent) and under this provision is says:
(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
It is clear that those who are single parents with sole responsibility to a child can succeed in this application. Alternatively, 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.
The material contained in this article is intended to provide a general guide to the subject matter. Readers should not act on the basis of the information without taking professional advice.
About the Author:
Don Magsino MBA is a student of Oxford Brookes University School of Law Post-Graduate Degree in Oxford, England, UK. He is a graduate of Ateneo De Manila University Graduate School of Business. He is a qualified and a practicing Immigration Lawyer in the UK. His mobile phone is 07446888377 / Direct Line: 0207 316 3027 Email is firstname.lastname@example.org. His London office is located at Regus, 239 Kensington High Street, London W8 6SN. He is accredited by the Law Society in England and Wales and regulated by the Office of the Immigration Services Commissioner (OISC) Level 3: highest level in immigration professionals. He has represented clients in the First-tier Tribunal, Immigration Detention Courts and Deportation and Bail Hearings and to the Upper Tribunal and won many difficult cases in immigration law in the United Kingdom.