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UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My step son (9 years old) has limited leave to remain until

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My step son (9 years old) has limited leave to remain until 2014. He entered the UK in 2009 with his mother on a spousal visa from 2008-2011 and then granted the limited leave to 2014. His mother and I are now divorced. I am a British National. I obtained a Parental Responsibility Order and also joint Residency Order with mother. My step son lives with me and I am his sole carer. The mother retuned to her native country South Africa 2012 and has ceased all contact with her son. What was meant to happen was that his mother would stay in the UK, ask for an extension of the limited leave to remain in 2014 for herself and son and as they have stayed in the UK for more than six years. Now that she has gone and is unlikely to return. What are my options in obtaining permanent residency for my step son and British citizenship?
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Just to clarify was your son given further leave to remain after being resident in the uk for at least 2 years on a spouse visa?

Kind regards
Customer: replied 4 years ago.

Yes that is right. He came here with his mother on a spousal visa in 2008. This visa was only for 2 years and 3 months. The UKBF granted discretionary leave for 3 years in the form of Limited Leave to Remain.

Thank you for your reply.

It does seem strange that you did not apply for indefinite leave to remain for your step son after he had completed 2 years on a spouse visa. What I would recommend that you do is apply for indefinite leave to remain for your son on the basis that he initially arrived on a spouse visa and should have applied for indefinite leave to remain on its expiry and not limited leave to remain.

You should therefore use the following link to apply for indefinite leave to remain :

The fact is because your son has now been granted limited leave to remain the home office may argue the fact that now he must complete 6 years in the category of discretionary leave to remain before obtaining indefinite leave to remain. There is nothing preventing you from applying for indefinite leave to remain and stating that you wish to apply on the basis that your son had remained in the uk as a dependent of your spouse.

Should you wish not to apply under that basis then when his current leave to remain expires he must apply for a further 3 years u derived the same category and then apply for indefinite leave to remain.

Once he has obtained indefinite leave to remain, he must wait 1 year before applying for British citizenship.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Under the same category ****

Apologise for the typo
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