ILR eligibility - just short of 5 year qualifying period

[Bert768]

Hi,

I have recently received my ILR after 5 years on skilled worker visa. My wife is on dependant visa and will be eligible for ilr next year.

Our 1 year old son was born in the UK. We travelled out of UK when we had done his dependant visa as well. Now I want to apply for my son's ilr, and was confused if I can apply for his ilr even if only one parent has ilr? I read the immigration rules (section 308 of https://www.gov.uk/guidance/immigration ... ly-members) as well and they specify either one parent has to be a British citizen or both should have ILR if I have to apply for minor's ilr.

We do not want to apply him as a British citizen, only for ilr.

Kindly let me know.

TIA

[zimba]

Children can only settle when both parents settle or if a pranet with ILR has sole responsibility. ILE can be granted if a child wants to join a British parent.

Note that a UK-born child enjoys automatic entitlement to be registered as British when one parent settles but this is offered under nationality law and has nothing to do with the immigration rules. If you do not want to register your child as British, your child will continue on the same immigration path as your spouse and settle with her.

[Bert768]

Hi,

I have received my ILR this year based on 5-year Tier 2 work visa. I will be applying for my wife's ILR soon (dependant).

My wife's current tier 2 (skilled) dependant visa expires on May 17, 2024.
Her first entry stamp on BRP (valid from) was July 19, 2019.
I believe based on that, the earliest I can apply for her ILR is 28 days before the 5-year continuous qualifying period which is June 21, 2024?

But now I am in a dilemma because it is only around 35 days that we miss out on the qualifying period and have to apply for current visa extension.
I was thinking to take a risk and apply for wife's dependant ILR on May 15, and address this in the cover letter. Will they consider this?
Is there any other solution?
Please let us know, TIA.

Bert

[lolo2]

I was thinking to take a risk and apply for wife's dependant ILR on May 15, and address this in the cover letter. Will they consider this?

Apply before (near) the expiry date of the current visa - 15 May seems ok. Delay and book biometrics within the qualifying period, i.e. 21 June onwards. The applicant will be eligible for ILR - in terms of qualifying period - when a decision is made after biometrics.

No need to send any cover letter explaining this.

[Bert768]

Thank you for your response.

I had a couple of queries:

1. I read that the qualifying period is counted backwards from the date of my application, in which case the time between the application and the biometrics will not count as qualifying period and then it won't be 5 years?

2. Since they release biometrics appointments only 28 days in advance, I will probably be able to book the appointment around May 23. But the visa expires on May 17. So will it be ok that I submit application online on May 15, but do not take an appointment till May 23 even after the visa expires on May 17?

Thanks.

[zimba]

You do not seem to understand how the lawful residence calculations work or what section 3C actually is. The date of your biometrics is not relevant much

I covered all these here: How to apply early and benefit from the date of the ILR decision ?

[Bert768]

Thanks for that info.

I got confused from one of your replies in other post that says -
"Needless to say, the qualifying period for ILR is counted from ILR application date and backwards, not from the beginning" - indefinite-leave-to-remain/when-does-qu ... l#p2117655

[zimba]

Thanks for that info.

I got confused from one of your replies in other post that says -
"Needless to say, the qualifying period for ILR is counted from ILR application date and backwards, not from the beginning" - indefinite-leave-to-remain/when-does-qu ... l#p2117655

What is the confusion ? That is the standard advice

[Astral000]

Please suggest when my son turns 18+ ( born outside UK ) and has already spent 10+ years in UK can apply for ILR independently ( as adult ) under long term residency of 10+ years in the UK with no gaps ..

[vinny]

Under the standard Skilled worker dependant rules, no.

Possible if eligible for ILR under Long residence.