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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 574
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am in uk continuously since May 2010 on tier 2 ICT VISA.

Resolved Question:

Hi, i am in uk continuously since May 2010 on tier 2 ICT VISA. I have CoS extension approved by my employer until mar 2018. I have a 11 year old daughter who has Statement of special needs( now known as Education and health care plan) . She is fully dependent physically and goes to a special needs school in UK, attending school since 2010. She obviously has better life and care here in UK Than my country of origin(India) I want to know if on the basis of her condition i can apply for ILR. Thanks very much.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
HelloThank you for your enquiry. If a child was born in the UK and is aged 10 years of more and during the 10 year period have not been out of the UK for more than 90 days in any one of those years, then the child will be entitled to register as British. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Expert:  frantzgregory replied 1 year ago.
There is also a 7-year residence rule, which is applicable to children who have lived in the UK continuously.
Customer: replied 1 year ago.
I am not satisfied with reply above. I have written clearly that my child is disabled and dependent and has better health care and social setup here, is she eligible on humanitarian grounds?
Expert:  frantzgregory replied 1 year ago.
HelloA child cannot apply to register as a British citizen unless that child was born in the UK and is aged 10 years of more and during the 10 year period have not been out of the UK for more than 90 days in any one of those years. There is an option available if a child has remained in the UK continously for at least 7 years to be settled in the UK. If there are family circumstances such as disabilities etc which are presented, the Home Office will usually take that into account.
Customer: replied 1 year ago.
Thank you very much, helpful
Expert:  frantzgregory replied 1 year ago.
You are welcome. Could you rate please?
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