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Is this info re IRL from an Immigration Consultant site correct?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Minnie Me
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Joined: Tue Oct 02, 2018 2:24 am
Australia

Is this info re IRL from an Immigration Consultant site correct?

Post by Minnie Me » Tue Oct 02, 2018 2:49 am

I've cut and pasted below a section of a post titled 'How Long Will it Take to Qualify for ILR in 2018', from what I assume is an Immigration Advice site.....

Am I reading this wrong, or is there incorrect information (see highlighted section) about a child losing their dependant visa and then having to take another 5 years to become eligible for ILR....? Can anyone clarify for me please.

Maybe my problem in reading this is that It's not clear to me which parent 'you' is, or if 'you' is plural, in the sentence 'If YOUR children are on dependant visas, it's vitally important that they apply for ILR at the same time YOU do".

And in one sentence it says that the child can apply for IRL if one or both parents HAVE ILR status, but then the sentence I highlighted states that it's important for the child to "apply for ILR at the same time as YOU do". Those 2 sentences contradict each other.... I think?

I'm confused!

Thank you


What happens if you have children living with you in the UK?

If you have children under 18, they can apply for ILR regardless of how much time they’ve spent in the UK, as long as either one or both parents have ILR status in the UK. If your children are on dependant visas, it’s vitally important that they apply for ILR at the same time as you do. If they don’t, they’ll lose their dependant visas, which means it could take another five years for them to become eligible for ILR.

ILR will be granted as long as the child:

Is related to the parents, as claimed in the application
Is under 18 years
Is not married, a civil partner or leading an independent life
Has a sponsor who is able to provide appropriate accommodation and maintenance
Does not have a criminal record

vinny
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Posts: 33233
Joined: Tue Sep 25, 2007 8:58 pm

Re: Is this info re IRL from an Immigration Consultant site correct?

Post by vinny » Tue Oct 02, 2018 4:54 am

Child's ILR depends the applicable rules. There may be multiple applicable rules. Usually, they depend on both parents having or being granted ILRs and not on child's period of residence, unless child is eligible under Long residence.

Note that if child is an overstayer, then 319J(i) may prevent child from applying for ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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