Ilr for child

[Lobo]

Hi, my friend has got settled status(Ilr) in uk. Partner has limited leave and child (under 18) born outside uk lived in uk for 10 years has dependent visa on my friend’s status. Is the child eligible to apply for Ilr based on 10 year long residency? Partner cannot make application along with the child as the he is not eligible to apply for Ilr yet. Would the HO refuse as both parents not having settled status?

[CULLINAN]

The child can apply for ILR only when your friend’s partner is eligible and does apply for ILR also.

[Lobo]

The child can apply for ILR only when your friend’s partner is eligible and does apply for ILR also.

Thank you so much for your reply. Much appreciated.

Child will turn 18 before my friend’s partner becomes eligible for Ilr. Their biggest concern is, would the child be required to leave the country when his current visa expires? He will be over 18 when his current visa expires.

Once the child is 18, can he apply for Ilr under long residency (10 year) route on his own?

Thanks in advance.

[CULLINAN]

What visa your friend’s partner has?
What visa is the child on?
How did your friend get ILR?

[Lobo]

What visa your friend’s partner has? Limited leave to remain (30 months)
What visa is the child on? Pbs dependent tier 2
How did your friend get ILR? Pbs tier 2 general

Background history:
Partner moved to uk on students visa in 2010.
My friend and child joined him in 2011
All 3 of them got 2 years PSW until 2014
Friend went back to home country to apply for tier 2 general visa and entry cleared.
Partner and child applied as pbs dependents, which was refused in dec 2014 by HO due to toeic allegations as they’ve extended their student visa once (in 2011) using toeic.
Family moved their case to court. HO issued the child pbs dependent in November 2015, when the partner’s case was still going on.
Child has been on pbs dependent since 2015, by extending twice.
Friend got Ilr in dec 2019. Child’s recent pbs dependent was issued until aug 2023. By that time child will be over 18. As partner has limited leave, will not be eligible for Ilr for the next 10 years. Family is worried as they think child might have to move back to home country once the current visa expires. Child has lived in this country for 10 continuous years. Please advice. Thanks.

[CR001]

The child can only apply for 10 years long reaidenc rule if they have 10 years LEGAL residence, ie visas for the whole 10 years. It is not only about residence.

A PBS dependent who is still dependent on parents after age 18 can still apply for and extension or ilr when the other parent does.

Unclear why you believe the child would have to leave!

[CULLINAN]

As long the child is not leading an independent life, child 18+ can simply extend the PBS dep visa after 2023 if need be. The child can apply ILR when the other parent qualifies for ILR also as @CR001 said.

Page 16 onwards:
https://assets.publishing.service.gov.u ... s-v1.0.pdf

[Lobo]

The child can only apply for 10 years long reaidenc rule if they have 10 years LEGAL residence, ie visas for the whole 10 years. It is not only about residence.

A PBS dependent who is still dependent on parents after age 18 can still apply for and extension or ilr when the other parent does.

Unclear why you believe the child would have to leave!

Many thanks CR001. I raised that question about child leaving because we thought, once the child becomes 18, they are no longer dependent. It is very clear now. Your reply comes as a big relief for the family.

There is one more question: The child was refused visa for about 11 months, and then HO withdrew their stand and issued dep visa in Nov 2015. In between Aug 2014 and Nov 2015, HO either had an application for the child or the case was moved to the court. Will this not be considered as legal?

[Lobo]

As long the child is not leading an independent life, child 18+ can simply extend the PBS dep visa after 2023 if need be. The child can apply ILR when the other parent qualifies for ILR also as @CR001 said.

Page 16 onwards:
https://assets.publishing.service.gov.u ... s-v1.0.pdf

Thanks very much for sharing the attachment. It is very clear now. Much appreciated.