ILR For Child on 10 years long residence

[Rizcon]

Hello board members,
Is it possible for a child to apply for ILR using Set(LR) after completing 10 years in UK?
The child was not born here, but already completed 10 years and his father has ILR.

[secret.simon]

What is the status of the mother?

I could be wrong, but I believe that the child will follow the status of the less-privileged parent till s/he attains majority, when s/he can apply for ILR in their own right.

[geriatrix]

September 2005 :
Entry clearance visa as a student dependant of my husband / Arrived UK with a 9 month baby, also on dependant visa.
July 2009 :
Again extended visa as a dependant of my husband which was valid until July 2011.
March 2011 :
Left my husband along with both kids due to problem in our relationship with the help of social services.
July 2011 :
Visa expired / Social services were in contact with UKBA about my case as I was living very far from Croydon in a shelter home and it was not possible for me to travel alone to London to file my Assylum case. In short, my solicitors assigned by social services were trying to allow me to file my application to any UKBA setup close to the town I was living which UKBA turned down.
April 2012 :
Applied as an Assylum seeker along with kids, but claim turned down and issued a discretionary leave for 3 years in the same month.

So neither you nor the child had any leave between July 2011 and April 2012, hence both ineligible under LR until April 2022.

You were guided appropariately by Obie - way back in Feb 2015 - DLR -> ILR.

[Rizcon]

According to your earlier posts, it seems that the child has had a 9-10 months break in continous residence.
Is that so? Please elaborate, if so.

Thanks for your reply and sorry I forgot to mention that fact.I am thinking to apply for my son and ask them to consider his case using the discretion as he is minor and spent more than 10 years of his life here in UK.
There are some rules in BNA for minors to disregard the gap in visa, but not sure will they use same rules for ILR for the child.
If you think that I am totally wrong,then is it possible to use set(F) for him as his dad is on ILR?
Furthermore, could you please explain in detail what is the purpose of Set(F) if a child has to follow the less privileged parent?
By the way, I'm on Discretionary leave and already applied for the extension of my leave and waiting for the outcome of my application and son was my dependant.
I want to prepare my self in case HO refuse my extension and looking for the options we will have in that case. I understand, I have to become the dependant of my hubby, but not sure what will be the available options for my son?

[geriatrix]

Well, I thought it wise to post the immigration history here so I edited my response above.


Anyways,
Neither you nor your son are yet subject to BNA (British Nationality Act), but are in the UK subject to the provisions of Immigration, Asylum and Nationality Act.

Simple fact - the child will be eligible for settlement only when you become eligible for settlement.
Whether you two remain on the DL route to settlement or take the 5 year FLR(M) route to settlement, this simple fact will remain unchanged.