How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7406
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hullo, After my last query,we successfully acquired an exceptional

This answer was rated:

After my last query,we successfully acquired an exceptional leave to remain for 3yrs that is due to expire Jan. 2014......As of now a member of the family(daughter 11.5yrs) is already a british citizen( with passport). Since we are due to apply yet again,my daughter can not obviously apply alongside her siblings( we think?) so now what should the rest of the family be applying for, naturalisation,indefinate leave to remain or another extension and what forms should we be using for this procedure? Thnx in avance.
Hi Paul,

Is it correct to say that all of the family have received exceptional leave to remain, except for your daughter who has received British Citizenship?

Kind regards,

Customer: replied 2 years ago.

Ok, we all received exceptional leave to remain at the time, however after our daughter turned 8, she was eligible for naturaisation as a child born here and lived here since.......(am sure you know the legal bit that applies here) hence we processed her status accordingly.


Okay. Thanks, Paul.

Drafting your answer now. 5 mins please.

Kind regards,

Hi Paul

Thanks for your patience.

I see that in your previous answer you stated that you had been in the UK for a period of 13.5 years. The expert was quite correct in advising that you may have been able to apply for indefinite leave to remain 7 months after the question was original posted once you have reached 14 years. This would have been the best thing to do at the time.

Unfortunately, the rules on applying under illegal long residence have now changed. You can no longer apply on the basis of 14 years. It now has to be 20 years.

Your UK citizen child no longer needs to make any application for visas because she is a UK citizen and has an irrevocable right to remain in the UK due to this.

The rest of you will need to apply for a further visa. This is because in order to apply for ILR you have to either be eligible under the long residence rules or have spent the requisite amount of time in a category which allows you to apply for ILR.

In the circumstances, if there is no other traditional category of visa which you are eligible (eg. Tier 2 etc), then you will have to apply again for exceptional leave to remain. This is, as you know, an application outside of the immigration rules.

You would be arguing that you and your family should be granted further leave to remain on the basis your UK citizen daughter has a right to remain in the UK and to remove you would be contrary to your human rights under Article 8 Schedule 1 of the Human Rights Act 1998 as you have a right to a family and private life, so that you would be deprived of this right if you were removed from your child.

It’s a complicated application because it’s outside the immigration rules. Although, you will probably obtain further leave to remain I would still instruct a solicitor to act on your behalf.

If after obtaining further leave to remain on an exceptional basis and remaining on it you reach the 20 year period then you should apply for ILR on the basis of being here 20 years illegally.

You can apply for exceptional leave to remain by submitting UKBA form FLR(O) to the UKBA with supporting documentation, but as I have mentioned it really is something that you should consider instructing a solicitor to do.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas, Solicitor
Satisfied Customers: 7406
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Thomas



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

    25 years hight street experience
  • A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    13 years specialist skill in UK Immigration & Nationality Law
  • Paul Richmond's Avatar

    Paul Richmond


    Satisfied Customers:

    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • Awan-Legal's Avatar



    Satisfied Customers:

    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.