Applications for ILR by Children (Para 319J)

[hermes]

I refer to the changes in family migration rules eff 9 July 2012 which require Spouse to complete a minimum of 5 years residence in the UK in a relevant category, before becoming eligible to apply for ILR.

My query is in relation to children who have been allowed Leave after 9 July 2012 as dependant child of a Relevant Points Based System Migrant (RPBSM). I have seen posts on this forum which state there is no compulsory residence requirements for children and they would be granted ILR with the Main Applicant, irrespective of the date they were granted the Leave.

My reading of para 319J (b) is that a child who is granted leave after 9 July 2012 would only qualify unless the Parent is the sole surviving parent, has Sole Responsibility or there are extreme compassionate circumstances, OR the Parent is being granted ILR at the same time as Partner of a RPBSM (i.e as PBS dependant).

This means that since a Partner who has not completed the minimum 5 year probationary period does not qualify, a dependant child would also need to complete the 5 year period.

I would like to hear from the experts out there..