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ILR As A Child Of A Member Of HM Forces

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ILR As A Child Of A Member Of HM Forces

You can apply for Indefinite Leave to Remain (ILR) as a child of a member of HM Forces who is a foreign or Commonwealth citizen if you meet the relevant requirements as set out in Appendix Armed Forces of the Immigration Rules.

Requirements For ILR As A Child

According to paragraph 49 of Appendix Armed Forces, Indefinite Leave to Remain (ILR) as the child of a member of HM Forces will be granted to an applicant who has or has had leave to enter or remain under paragraph 43 or 47 of Appendix Armed Forces or paragraph 276AH of Immigration Rules and who:

  • was either:
    • under 18 years of age at the date of application; or
    • aged 18 or over at the date of application and who was last granted leave under paragraph 43 or 47 of Appendix Armed Forces or paragraph 276AH of Immigration Rules;
  • is not married or in a civil partnership;
  • has not formed an independent family unit;
  • is not leading an independent life;
  • is in the United Kingdom;
  • has made a valid application for Indefinite Leave to Remain (ILR) as the child of a member of HM Forces;
  • is not in breach of immigration laws, except that, where paragraph 39E of Immigration Rules applies, any current period of overstaying will be disregarded;
  • is the child of:
    • a foreign or Commonwealth citizen who is a serving member of HM Forces who has completed at least 5 years’ reckonable service; or
    • a person who has been granted, or is being granted at the same time as the applicant, indefinite leave to enter or remain under paragraph 13 or 16 of Appendix Armed Forces or paragraphs 276E-Q of Immigration Rules; or
    • a member of HM Forces who is a British Citizen;
  • meets one of the following criteria:
    • the applicant’s other parent must:
      • also come within paragraph 49(h) of Appendix Armed Forces; or
      • have been granted Indefinite Leave to Enter or Remain under paragraph 25 or 31 of Appendix Armed Forces or paragraph 276S or 276V of Immigration Rules; or
      • be being granted Indefinite Leave to Enter or Remain under paragraph 25 or 31 of Appendix Armed Forces or paragraph 276S or 276V of Immigration Rules at the same time as the applicant; or
      • have died; or
    • the parent under paragraph 49(h) of Appendix Armed Forces has sole responsibility for the applicant’s upbringing or the applicant normally lives with this parent and not their other parent; or
    • there are serious and compelling family or other considerations which make the applicant’s exclusion from the United Kingdom undesirable and suitable arrangements have been made for their care;
  • does not fall to be refused on the grounds of suitability under paragraph 8 or 9 of Appendix Armed Forces;
  • meets the general eligibility requirements in paragraph 42 of Appendix Armed Forces;
  • where the applicant is aged 18 or over, can demonstrate sufficient knowledge of the English language and about life in the United Kingdom, in accordance with the requirements of Appendix KoLL to Immigration Rules;
  • will be accommodated adequately by the parent or parents the applicant is seeking to remain with without recourse to public funds in accommodation which the parent or parents the applicant is seeking to join own or occupy exclusively; and
  • will be maintained adequately by the parent or parents the applicant is seeking to join, without recourse to public funds.

Grant Of Limited Leave Instead Of ILR

According to paragraph 50 of Appendix Armed Forces, limited leave to remain as a child of a member of HM Forces for a period of 30 months and subject to a condition of no recourse to public funds will be granted:

  • where an applicant fails to meet the requirements for indefinite leave to remain in paragraph 49 of Appendix Armed Forces by reason only of failing to satisfy the suitability requirements in paragraph 8 or 9 of Appendix Armed Forces in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain); or
  • where an applicant fails to meet the requirements for indefinite leave to remain by reason only of failing to meet the requirements in paragraph 49(l) of Appendix Armed Forces; or
  • where an applicant fails to meet the requirements for indefinite leave to remain by reason only of failing to meet the requirements of paragraph 49(h)(i) or (ii) of Appendix Armed Forces, provided that the applicant’s sponsor has been granted leave to enter or remain under paragraph 15 or 19 of Appendix Armed Forces.

Super Priority Service (Decision Within 24 Hours) For ILR As A Child

As one of the expert immigration solicitors based in London we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial childs UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your ILR application whereby decision on your ILR application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.

Our specialist immigration solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).

How Can We Help?

Our expert team of immigration solicitors specialise in ILR applications. If instructed to represent you regarding your application for ILR as a child of a member of HM Forces who is a foreign or Commonwealth citizen, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of immigration solicitors will include the following:

  • Assessing your eligibility for ILR by considering all the relevant information and evidence;
  • Advising you on the weaknesses and strengths of your ILR application;
  • Advising you on the relevant documents to be submitted in support of your ILR application;
  • Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
  • Completing and submitting the online application form to apply for ILR by gathering all the relevant information from you;
  • Helping you with paying the ILR application fee and booking your appointment with the UKVCAS centre for enrolment of your biometrics;
  • Preparing a detailed cover letter to introduce and support your ILR application;
  • Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
  • Liaising with the Home Office UKVI for a timely decision on your ILR application.

How Much We Charge?

Unless your matter very is complicated, our fixed fees for ILR as a child of a member of HM forces who is foreign or Commonwealth citizen are given in the fee table below:

Our Service Our Fee
Full service for your ILR application to cover all the work until decision by the Home Office UKVI From £800 + VAT To £1,500 + VAT

The agreed fixed fee will depend on the complexity of the ILR application and the volume of casework involved in the application. In addition to our fixed fee for the ILR application, the applicant will also have to pay the Home office UKVI fees for the application.

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