Over 18 Dependents

[mashafy]

Hi

I am now on a Tier 2 visa and my wife and 3 children are dependents for my visa. We arrived all to the UK in the same time. Two of my children will be over 18 when I'll apply for ILR. Do they have the right to apply for the ILR with me or not (even through separate forms)?

In addition, my eldest son (20 years) who has arrived the UK a year before us has a Tier 4 visa. Does he be able to apply also for ILR as a child? If not, is there a way to switch his current Tier 4 visa to be a dependent of my visa?

Thanks

[CR001]

Do they have the right to apply for the ILR with me or not (even through separate forms)?

Yes if they meet the requirements, ie English B1 and LIUK etc and can provide evidence that they are not leading and living independent lives.

In addition, my eldest son (20 years) who has arrived the UK a year before us has a Tier 4 visa. Does he be able to apply also for ILR as a child? If not, is there a way to switch his current Tier 4 visa to be a dependent of my visa?

He is not a child. He is an adult and no he cannot apply to switch to a tier 2 dependent visa now if he is over 18. You should have switched his visa to dependent visa before he turned 18. He doesn't qualify for ILR if he holds tier 4 student visa so no, he cannot apply with you as he doesn't hold an eligible visa.

[mashafy]

Thanks CR001 for your reply.

He is an adult and no he cannot apply to switch to a tier 2 dependent visa now if he is over 18. You should have switched his visa to dependent visa before he turned 18. He doesn't qualify for ILR if he holds tier 4 student visa so no, he cannot apply with you as he doesn't hold an eligible visa.

When I later get the naturalization, would he be able to get it as a family member?

[CR001]

When I later get the naturalization, would he be able to get it as a family member?

No he cannot. The same rule will apply, he is an adult. All of this to bring him in line as your dependent should have been done before he turned 18. He will now have to find his own visa that leads to ILR.

[mashafy]

Thanks CR001 for your help.