For the applicant to succeed in the ILR application as a parent under the 10 years route, the applicant must:
- meet the suitability criteria as set out in Appendix FM of the Immigration Rules;
- show that he/she is not in relationship with the other parent of the child;
- show that he/she is and has been having either sole or shared responsibility for the child’s upbringing and continues to intend to play an active role in the life of the child;
- prove that the applicant meets the English language proficiency at CEFR level B1 in listening and speaking only;
- prove that the applicant meets the Life in the UK test requirement.
An application for ILR as a parent under 10 years route can be made 28 days before completing 10 years. Most of the applicants who have been granted leave to remain as a parent under 10 years route are likely to qualify for Indefinite Leave to Remain (ILR) earlier under the 10 Years Long Residence category as the applicants in such circumstances are likely to complete the 10 years long residence earlier than the 10 years under the parent visa 10 years route.
The parent visa under 10 years route was introduced on 9 July 2012 and the very first applicant who will qualify for ILR under the parent visa 10 years route will be in July 2022 when 10 years would have been completed under this category. Most of the applicants who are granted leave to remain as a parent under the 10 years route switch from 10 years route to 5 years as and when their circumstances allow the same.
As one of the expert immigration solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners 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 parent visa 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).
The applicant must provide specified evidence that he/she:
- is a national of a majority English speaking country; or
- has passed an English language test in speaking and listening at a minimum of level B1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
- has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- is exempt from the English language requirement because at the date of application:
- the applicant is aged 65 or over;
- the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
- there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.
You will have to pass the Life in the UK test in order to apply for ILR as a parent unless you are over the age of 65 or you are seeking exemption from this requirement due to medical reasons.
If your application for ILR as a parent under 10 years route has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for ILR as a parent within 14 days of your section 3C leave ending. We can provide the required legal help and assistance with re-applying for ILR as a parent under 10 years route through our Super Priority Service.
As your legal representatives, our parent visa solicitors can represent you in your application for ILR as a parent under 10 years route and carry out all the work on your ILR application until a decision is received from the Home Office UKVI. If instructed to represent you regarding your ILR application as a parent, the immigration casework to be carried out by our parent visa solicitors will include the following:
- Assessing your eligibility for ILR as a parent under 10 years route by considering all your personal circumstances;
- Advising you on the weaknesses and strengths of your ILR application as a parent;
- 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 as a parent by gathering all the relevant information from you;
- Helping you with paying the ILR application fee online;
- Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
- Where necessary, preparing detailed witness statement of the applicant explaining the relationship of the applicant with the British child and other relevant factors pertaining to the ILR application;
- 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.