ILR for Tier 2 child who has not been in UK for 5 years

[me1503]

Hi I will be applying for ILR via tier 2 general 5 years route next year. Arrived in UK February 2014. My daughter (over 18) came here April 2015, my question is can She apply at the same time with me? Or does the 5 years residence apply for tier 2 child dependant? Thanks

[me1503]

On the gov.uk website, the 5 years period is only mentioned for the application made after 2012 for the partner and not for the children. I just want to make sure that my understanding is correct that the 5 years does not apply for children at all? If so please if you can provide me a link to the rules confirming this. Thanks

[CR001]

When does the other parent qualify for ILR?

[me1503]

When does the other parent qualify for ILR?

Other parent is in Philippines. I have sole responsibility to my daughter

[me1503]

Hi I tried checking immigration rules for family members of pbs dependants but i couldnt see the 5 years continous residence stated for the children and yet in calculating the 5 years residence only the tier 1s can apply even without completing the 5 years. I would appreciate if someone can enlighten me on this or give me advice if you have encountered the same case as mine. I am hoping my daughter could apply the same time as me on February next year so she can be eligible for the university home fee next school year.
Thanks

[me1503]

Hi. I will be applying for ILR on the basis of Tier 2 general visa after completing my 5 years in the UK on February 2019. I have a daughter who is over 18 and whom I have and have had sole responsibility for. She arrived in the UK April 2015 on tier 2 child dependant visa.

Based on Immigration Rules 319J
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK......

I want to know if I understood it correctly, referring to point (ii) that my daughter can apply at the same time as me even if she has not been in the UK for 5 years? Will her ILR eligibility be based on me since im her sole parent here?

Please I really need advice. Thank you

[vinny]

That’s correct. Also not having an independent life, KoLL, etc.

[me1503]

Thank you Vinny

[me1503]

Yes considering she meets all other requirements, just want to make sure that her years of residence here is irrelevant and wont be a reason for a refusal.

Thank you. It is nice to get some clarity here since the rules are sometimes a bit of a whirl.