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I would apply for T2 dependent before my ILR just to save cost of ILR dependent and save time of MN1. But if T2Dep won't be granted for any significant period, then that does not help. I believe this is what you meant to be double sure.
Thanks. I am aware of this. My questions if after the child is granted ILR (dependent on us), can the child apply for MN1 only a few months after receiving ILR dependent? Therefore, we get child's ILR, finish the travel and apply for MN1.vinny wrote: ↑Mon Mar 08, 2021 11:55 amIf you are applying for ILR under the Skillled worker rules, then wife and child may also apply under the Skilled worker dependant rules.
Many thanks. This is what I was looking for.vinny wrote: ↑Mon Mar 08, 2021 12:06 pmFor a UK born child, child’s immigration status is irrelevant to child’s entitlement to register.
In practice, ECOs will rarely have to deal with this category of entry clearance application.
Vinny, 2 quick things:vinny wrote: ↑Wed Mar 17, 2021 11:29 am1. No.
2. Yes, but probably not straight forward, if other parent is not eligible for ILR.
2. Unfortunately, some caseworkers prefer to openly ignore the UK born child rules. They may grant child’s leave in line with the other parent’s limited leave, subject to IHS.
vinny wrote: ↑Wed Mar 17, 2021 1:27 pmIf both parents have the same leave or are applying for the same leave, then caseworkers may grant child’s leave in line with the parents’ under the normal dependant rules, subject to the parents’ route.
If parents have different periods of leave leave, then there is a conflict between the UK born child rules and the normal dependant rules.
The UK born child rules may grant child’s leave in-line with the parent’s leave that expires later.
The normal dependant rules may grant child’s leave in-line with the parent’s leave that expires sooner.
Under the normal dependant rules, a child’s application for leave may be subject to overstaying exception for some routes.
However, a UK born child who has never applied for leave cannot be an overstayer, as there is no leave to expire.
Hi again. I am still struggling and researching to reach a solid conclusion. My UK born child doesn't have any leave to remain right now and no application has been made. You confirmed above that the child does not need any existing permission to be able to apply alongside parents for ILR. Both parents are eligible and applying at the same time for ILR (Tier 2 Gen --> 5 years --> ILR Set(O)).vinny wrote: ↑Wed Mar 17, 2021 11:29 am1. No.
2. Yes, but probably not straight forward, if other parent is not eligible for ILR.
2. Unfortunately, some caseworkers prefer to openly ignore the UK born child rules. They may grant child’s leave in line with the other parent’s limited leave, subject to IHS.
I referred to the link you posted - the post mentions further rules and links to those rules. Most of the links are being redirected to the same link I posted. It appears that the overall rules have been updated in December 2020 and having a leave for a child born to non-settled parents is now apparently required to have a dependent leave. This was also indicated by my solicitor yesterday who is a renowned one in this domain.