Hi OTS solicitor,
I need some help with making an application for extending our stay in UK and eventually settlement. We are here on ICT tier 2 visa and have lived here for 3.5 years. Our only child has a rare metabolic condition and is severely disabled. He has had a medical negligence in India and things were made right for him here in UK and now he attends a special school which he loves and is very settled. Going back to India would mean deterioration in his care , no education and will be a big set back to our life as a family. Currently ICT tier 2 visas don't allow an extension beyond 5 years and can never lead to ILR. What can we do to make a claim on human rights ground. My husband works in IT and we have never been on benefits if that can support the application.
Areas of Expertise:
Thank you for your enquiry.
You have rightly stated that a tier 2 ICT visa does not lead to settlement. Under such circumstances, you may have to make an application for Leave to Remain in the relying on Article 8 of the European Convention On human rights. Please note that this application is discretionary and does not automatically entitle you and your family for Leave to Remain in the UK.
We can also explore any other options available to you and for that we would need full instructions from you as your immigration history.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Posted on Wednesday, 12 July, 2017