Child on Tier 4 to ILR

[estuarie]

Dear senior members,

I got my ILR in September 2019 as a Tier 1 Entrepreneur, accelerated route. My partner will be eligible for ILR next October. We have a son who has been on a Tier 4 visa which is valid till Jan 2021. My understanding is that our son can apply for his ILR together with (or anytime after) my partner, but it appears he cannot do it straight from Tier 4 and needs to get a PBS dependent visa first and only then apply for ILR. Is that correct and will the PBS visa fee + IHS be inevitable waste here? Could you recommend any way of optimisation?

If you believe this question would be more appropriate in the ILR section, please feel free to move it there.

I would greatly appreciate your advice

[zimba]

Tier 4 cannot lead to ILR. If the child is under 18, he needs to switch to PBS dependant in order to get ILR with your partner.

[CR001]

If your son is over 18, then he cannot apply for a PBS dependent visa or ilr based on the parents ilr.

[estuarie]

He is way below 18, I should have mentioned.

Sad, but nonetheless thank you. £3k+ to throw away, shame

[zimba]

He is way below 18, I should have mentioned.

Sad, but nonetheless thank you. £3k+ to throw away, shame

Well what was the point of putting him under Tier 4 anyway ??! PBS dependants have the right to study in the UK without restrictions

[estuarie]

I know they can. It is a long story how he ended up on Tier 4, but this is where we are now.

[estuarie]

Hello,

I already asked about my child's situation some time ago and would like to add another question in the light of some new ideas.

Can a child under 16 and on a student visa apply for ILR under paragraph 298 of Part 8 of the Immigration Rules? One parent is already settled as PBS and the other parent is applying for ILR as PBS dependent spouse at the same time as the child.

Many thanks

[zimba]

No, as the child has leave under Tier 4 and then does not qualify under the provisions of paragraph 298.
https://www.gov.uk/guidance/immigration ... ly-members

[estuarie]

Which exact requirement of 298 he does not meet?

Under (ii) a child is supposed to have a limited leave and be under 18. It does not specify what kind of leave.

[zimba]

Which exact requirement of 298 he does not meet?

Under (ii) a child is supposed to have a limited leave and be under 18. It does not specify what kind of leave.

My mistake. I misread all those 'or's in the rules as 'and's for some reason. Corona brain fog
I believe SET(F) should succeed

[estuarie]

That's really cool. Thank you