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ILR application of child with one parent

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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freeekychakra
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Joined: Fri Mar 04, 2016 4:37 am

ILR application of child with one parent

Post by freeekychakra » Sat Apr 04, 2020 1:18 pm

Hi,
I was hoping I get some guidance on ILR(settlement) application of an under-18 child with one parent.

I came to the UK under Tier 2 (General) VISA in 2015 with my spouse and child(both as PBS dependents). I am eligible to apply for ILR in July 2020. Last year, my spouse had to migrate from PBS Dependent to Tier 2 (General) due to technical requirements of her job and she has been allotted a Tier 2 (General) VISA for 5 years running till 2024. My child continued to live with me as my dependent under PBS Dependent VISA due to expire with mine.

My questions are -
Is my child eligible to apply for ILR along with my own application?
If no, on what basis can my child stay in the UK as my assumption is you can live in the UK under PBS Dependent VISA for a maximum period of 6 years?

The reason I am confused is because the gov guidance on ILR mentions both parents need to be settled in the UK or applying to settle for a child to be eligible to apply.

Thanks..

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CR001
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Re: ILR application of child with one parent

Post by CR001 » Sat Apr 04, 2020 1:33 pm

Is my child eligible to apply for ILR along with my own application?
No. The child will only qualify when the other parent also applies.
If no, on what basis can my child stay in the UK as my assumption is you can live in the UK under PBS Dependent VISA for a maximum period of 6 years?
There is no 6 year max limit for dependents. It applies only to main tier 2 general visa holders.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

freeekychakra
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Posts: 12
Joined: Fri Mar 04, 2016 4:37 am

Re: ILR application of child with one parent

Post by freeekychakra » Sat Apr 04, 2020 1:55 pm

Thank you

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