ILR eligibility for a dependent child when only one parent has got the ILR

[dineshsethiya]

Hello Moderator,

I need advice in regards to ILR of dependent children. Would you be able to help with that?

(1) I had been on Tier 2 General Visa since Sep 2016. I got ILR in September 2021. I will be eligible for citizenship in Sep 2022.

(2) My child got dependant visa in Feb 2018( as dependant on my Tier 2 general visa). My husband is also on my dependant visa since Sep 2019. i.e. both yet to complete 5 yrs on Tier-2 General visa.
My husband will be eligible for ILR in Sep 2024.

Is there any way through which my child can get ILR or citizenship along with me in Sep 2022 ? (My child has not yet completed 5 years as my dependant, and my husband will be eligible for his ILR only in Sep 2024.)

Would appreciate if you can pass any link to the relevant documents.

Many thanks in advance.

[vinny]

SW 39.4.

If applying as a child, the applicant’s other parent (who is not the person (P) in SW 39.1.) must be being granted settlement at the same time, or be settled or a British citizen, unless:

• (a) the person (P) in SW 39.1. is the applicant’s sole surviving parent; or
• (b) the person (P) in SW 39.1. has sole responsibility for the applicant’s upbringing; or
• (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant

settlement.

Unless the ILR parent has sole responsibility or there are serious and compelling reasons, then it’s safer for child to extend with the other parent.

However, if child was born in the UK, then child may possibly apply for ILR under A277, A280(b), 306 or (safest) is entitled to register for British citizenship directly.

[secret.simon]

The central question is, where was the child born?

To quickly summarise vinny's answer above, a child born abroad follows the same immigration pathway as the second/less-privileged parent and is eligible for ILR with that second parent.

A child born in the UK is eligible to apply either directly for British citizenship, or for ILR if British citizenship is not desirable, when the first parent acquires ILR.

[dineshsethiya]

The central question is, where was the child born?

To quickly summarise vinny's answer above, a child born abroad follows the same immigration pathway as the second/less-privileged parent and is eligible for ILR with that second parent.

A child born in the UK is eligible to apply either directly for British citizenship, or for ILR if British citizenship is not desirable, when the first parent acquires ILR.

Child was born in India. He is in UK and studying since 2015. unitl 2018 he was on the Tier-2 ICT and then moved to Tier-2 general dependent.
He will be going to Uni next year in 2023 and without ILR it seems he has to pay international student fees. So we were looking options in that regards.

One option I was reading is that I get the citizenship this year as I have ILR and based on my citizenship he will pay local student fee.

[dineshsethiya]

In addition to my previous message, I was looking at UKCISA website for home fee criteria and found useful information on page 34 on the below link. Since I am already a settled person and my son is a direct descendent of me, he will be eligible for the home fee.

https://www.ukcisa.org.uk/uploads/files ... .12.21.pdf

However moderator, I would appreciate if you could kindly check the page 34 on the above link and confirm my understanding.

[zimba]

In addition to my previous message, I was looking at UKCISA website for home fee criteria and found useful information on page 34 on the below link. Since I am already a settled person and my son is a direct descendent of me, he will be eligible for the home fee.

https://www.ukcisa.org.uk/uploads/files ... .12.21.pdf

However moderator, I would appreciate if you could kindly check the page 34 on the above link and confirm my understanding.

Correct assuming the course starts from 1st August 2022 onwards and you meet the other requirements (a) to (e)

[dineshsethiya]

In addition to my previous message, I was looking at UKCISA website for home fee criteria and found useful information on page 34 on the below link. Since I am already a settled person and my son is a direct descendent of me, he will be eligible for the home fee.

https://www.ukcisa.org.uk/uploads/files ... .12.21.pdf

However moderator, I would appreciate if you could kindly check the page 34 on the above link and confirm my understanding.

Correct assuming the course starts from 1st August 2022 onwards and you meet the other requirements (a) to (e)

Thank you so much Zimba. My lots of queries and doubts got resolved now. Appreciate prompt replies.