Eligibility to apply for ILR or British Registration

[kawshik84]

Hi Guys,

My son was born in April 2014 outside the UK. At that point in time, both his mother and I were on Tier2-General visas. Following his birth, we got him a PBS dependent visa before he travelled to the UK at the end of May 2014. For that PBS dependent application, we provided his mother details as the main person as she had a longer duration left on her existing Tier 2 visa.

Subsequently, in 2017 both my wife and my son switched to becoming PBS dependents with me being the primary applicant still under Tier 2.

In 2017, I received my ILR and have also received my passport in 2018. My wife, is going to apply for ILR next month as she has been here for 10 years.

My son would have been on a combined PBS dependent visa and has lived in this country as PBS dependent for 5 years at the end of May 2019.

My question:
1. What is the route for settlement for my son? Does he need an ILR before registering as a British Citizen?
2. If so, does he qualify for ILR at the 5 years mark, regardless of the fact that he was initially dependent on his mother for a few years and then me for a few years?
3. Which forms to fill in for the application whether we are applying for ILR or British registration?

Please feel free to ask for any relevant information that I may have missed out on providing.

Thanks for your help.

[CR001]

1. What is the route for settlement for my son? Does he need an ILR before registering as a British Citizen?

Yes, he needs ILR. Apply on form SET F once your wife has ILR granted.

2. If so, does he qualify for ILR at the 5 years mark, regardless of the fact that he was initially dependent on his mother for a few years and then me for a few years?

He can apply on form SET F once wife has ILR.

3. Which forms to fill in for the application whether we are applying for ILR or British registration?

SET F for ILR.

Once he has ILR, both your wife and child can apply citizenship.

[kawshik84]

1. What is the route for settlement for my son? Does he need an ILR before registering as a British Citizen?

Yes, he needs ILR. Apply on form SET F once your wife has ILR granted.

2. If so, does he qualify for ILR at the 5 years mark, regardless of the fact that he was initially dependent on his mother for a few years and then me for a few years?

He can apply on form SET F once wife has ILR.

3. Which forms to fill in for the application whether we are applying for ILR or British registration?

SET F for ILR.

Once he has ILR, both your wife and child can apply citizenship.

Does my wife need to have an ILR before he can apply? Can he not apply on his own given that he has been on PBS dependent for 5 years and recently he has been my dependent?

What is my wife doesn't manage to get her ILR approved before my son's existing PBD dependent visa runs out?

[CR001]

Does my wife need to have an ILR before he can apply?

Yes. He is not able to apply on his own if both parents are not settled unless he also has 10 years long residence.

Can he not apply on his own given that he has been on PBS dependent for 5 years and recently he has been my dependent?

On what basis did you apply for ILR, 10 years long residence or 5 years PBS?? He can only apply for ILR if both parents are settled or one is settled/BC and the other is applying at the same time as PBS Dependent on form SET(O).

What is my wife doesn't manage to get her ILR approved before my son's existing PBD dependent visa runs out?

When does his visa expire?

[kawshik84]

Thanks for your reply, maybe I confused the situation by not being clear.

I was in Tier 2 General for over 5 years. I applied for ILR based on completion of 5 years on my Tier 2.

As my son was my PBS dependent and I settled via the 5 year route, is he also not entitled to settle on PBS under the 5 year route?

Thanks

[CR001]

Yes, likely on Set(O) once your spouse has ILR.

Set F might be easier though.

[kawshik84]

Yes, likely on Set(O) once your spouse has ILR.

Set F might be easier though.

Sorry to be pushing back but I am not sure why my wife needs a ILR. Doesn't my son as PBS on his own qualify for ILR given that he has spent 5 year?

[CR001]

Yes, likely on Set(O) once your spouse has ILR.

Set F might be easier though.

Sorry to be pushing back but I am not sure why my wife needs a ILR. Doesn't my son as PBS on his own qualify for ILR given that he has spent 5 year?

Your son will not qualify for ILR via PBS Dependent visa if your wife does not apply with him or already holds ILR. The rules don't permit it.

https://www.gov.uk/guidance/immigration ... ly-members

319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Relevant Points Based System Migrant or Appendix W Worker, or the partner of a Relevant Points Based System Migrant or Appendix W Worker who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(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 Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker 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 or Appendix W Worker, 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.

[kawshik84]

Yes, likely on Set(O) once your spouse has ILR.

Set F might be easier though.

Sorry to be pushing back but I am not sure why my wife needs a ILR. Doesn't my son as PBS on his own qualify for ILR given that he has spent 5 year?

Your son will not qualify for ILR via PBS Dependent visa if your wife does not apply with him or already holds ILR. The rules don't permit it.

https://www.gov.uk/guidance/immigration ... ly-members

319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Relevant Points Based System Migrant or Appendix W Worker, or the partner of a Relevant Points Based System Migrant or Appendix W Worker who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(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 Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker 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 or Appendix W Worker, 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.

Thanks. So in summary:
1. Either my wife and my son both apply for ILR at the same time using the PBS dependent 5-year category OR
2. My wife gets her ILR now using the 10 year LR and then once she has ILR my son can apply on his own.

Thank you for your patience.

[CR001]

1. Either my wife and my son both apply for ILR at the same time using the PBS dependent 5-year category OR
2. My wife gets her ILR now using the 10 year LR and then once she has ILR my son can apply on his own.

Yes.

[kawshik84]

1. Either my wife and my son both apply for ILR at the same time using the PBS dependent 5-year category OR
2. My wife gets her ILR now using the 10 year LR and then once she has ILR my son can apply on his own.

Yes.

Thank you very much, I appreciate your patience.