ILR for my child - Please help

[jhansi_82]

Hi,

I will be applying for ILR in september. My wife has not qualified for ILR as she has not completed 5 yrs as my dependant. so she will remain as my TIER 1 dependant.

Now my child (born outside UK) who is my TIER 1 depenant currently will qualify for ILR or not?.

Some say that both parents need to have ILR for a child to applY ILR if born outside.

Please clarify.

[vinny]

PBS Child's ILR is subject to 319J.

[jhansi_82]

Hi,

The paragraph 319J says

(iv) One parent is, at the same time, being granted indefinite leave to remain as a
Relevant Points Based System Migrant, the other parent is lawfully present in the
UK or being granted leave at the same time as the applicant, and the applicant
was granted leave as the child of a Relevant Points Based System Migrant under
the Rules in place before 9 July 2012.

is this mean,one parent is applying for ILR and other parent applying as TIER 1 dependent then a child can apply for ILR?

Thanks

[geriatrix]

When did your wife and child apply for leave to remain / enter as a PBS dependant for the very first time?

[jhansi_82]

My wife was granted TIER 1 General on mar 2011. My child was my defendant and granted leave on mar 2011. The both came to uk on may 2011. I was granted TIER 1 general on oct 2010 and came to uk on NOV 2010. My wife couldnt extend her visa so she became my dependant on mar 2013 which is why she cannot apply for ILR and she will apply as dependant of mine when i apply for ILR this oct 2015.

So in this situation will my child born outside uk will be eligible for ILR or not?

Thanks a lot

[geriatrix]

1. You are applying for settlement.
2. Your wife is "lawfully present" in the UK.
2. Your child was given leave child of PBS migrant before 09-July-2012.

Include your child in your ILR application.

[Obie]

1. You are applying for settlement.
2. Your wife is "lawfully present" in the UK.
2. Your child was given leave child of PBS migrant before 09-July-2012.

Include your child in your ILR application.

Vinny is correct that the child will not qualify for the reasons given by vinny above.

Until the mother is settled the child cannot, unless the child was born in the UK . Then paragraph 305 will apply.

[geriatrix]

Until the mother is settled the child cannot, unless the child was born in the UK . Then paragraph 305 will apply.

True, but only if the applicant (i.e.- child) became a PBS depedant after 09-Jul-2012.

Doesn't 319J(e)(iv) apply in this case?

(e) Both of an applicant's parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant's sole surviving parent, or (ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant's care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

[Obie]

With the utmost respect , it does not appear to be the case that the child was granted leave as dependant if his father under the rules in place on the 9th July 2012.

The child was dependent on the mother who was a migrant on an independent basis.

Then in 2013, both the applicants wife and child switched to dependent of the OP.

The continuity under the old part of his mother discontinued . They had to start again.

[geriatrix]

My wife was granted TIER 1 General on mar 2011. My child was my defendant and granted leave on mar 2011. The both came to uk on may 2011. I was granted TIER 1 general on oct 2010 and came to uk on NOV 2010. My wife couldnt extend her visa so she became my dependant on mar 2013 which is why she cannot apply for ILR and she will apply as dependant of mine when i apply for ILR this oct 2015.

So in this situation will my child born outside uk will be eligible for ILR or not?

Thanks a lot

According to what I have understood based on what OP has posted, the child has been the OP's dependant ever since coming to the UK in May 2011.
The wife, who was a Tier 1 (G) migrant in her own right, changed to become his dependant in March 2013.

[Obie]

Yes your reading seems correct. Although clarification from OP may be required from OP.

If that is the case, then I unreservedly retract my previous statement.

[jhansi_82]

Thanks a lot for all your replies and great help.

yes my child is my dependant from day 1 (from mar 2011) and not on wife's . So I hope she is eligible for PR. Thanks a lot.

[geriatrix]

I hope she is eligible for PR

Eligible for ILR, yes.