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.

Circumstances In Which Limited Leave To Remain To A Child Of Member Of HM Forces 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 For ILR As A Child Of Member Of HM Forces

As the expert immigration solicitors based in London & Manchester, 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 application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the submission of the application at a designated service centre.

Our immigration solicitors can prepare and submit your application to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your immigration application within 24 hours. You will be accompanied to one of the application centres in London or Manchester by our legal representative who will assist you with the enrolment of your biometrics and submission of your application to get decision on your application in within 24 hours. This way, you will not have to wait for the decision on your application for months (sometimes years).

Why Choose Sunrise Solicitors For ILR As A Child Of Member Of HM Forces?

The immigration solicitors at Sunrise Solicitors are experts in dealing with application for ILR as a child of a member of HM Forces. The quality of our service is self-evident from the clients' reviews about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for ILR as a child of a member of HM Forces and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your application for ILR as a child of a member of HM Forces, the immigration casework to be carried out by our immigration solicitors will include the following:

  • Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the Home Office, UKVI in your application for ILR as a child of a member of HM Forces;
  • Advising you about the relevant requirements of the Immigration Rules and the Home Office Policy Guidance for ILR as a child of a member of HM Forces;
  • Discussing your immigration case in detail with you and advising you about the weaknesses and strengths of your application for ILR as a child of a member of HM Forces;
  • Advising you about the documentary evidence to be submitted in support of your application for ILR as a child of a member of HM Forces;
  • Assessing the documentary evidence to be submitted in support of your application for ILR and discussing the same with you;
  • Completing the application form for ILR as a child of a member of HM Forces;
  • Preparing a cover letter to introduce and support your application for ILR explaining in detail how all the requirements of the Home Office Immigration Rules and the Policy Guidance have been satisfied by you for you to be granted ILR as a child of a member of HM Forces;
  • Liaising with the Home Office, UKVI for a timely decision on your application for ILR as a child of a member of HM Forces;
  • Protecting your interests while your application is pending with the Home Office, UKVI and keeping you informed about the progress of your application;
  • Doing all the follow up work until decision is reached by the Home Office, UKVI on your application for ILR as a child of a member of HM Forces.

Our Fee For An Application For ILR As A Child Of Member Of HM Forces

  • We will charge you a fee from £1,000 + VAT for our professional immigration services in relation to your application for ILR as a child of a member of HM Forces through Same Day Visa Service. The agreed fee will depend on the complexity of your application and the casework involved in your application.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your ILR application, you can pay half of the fee at the time of instructing us and the balance can be paid within a month from the date of initial instructions.
  • The agreed fee will cover all our work until decision by the Home Office, UKVI on your ILR application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. translation of documents, Home Office fee etc.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

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