Immigrationboards.com

Dear team
Hope all doing fine and safe.
I have a query with respect to my Son's ILR application.


I have been granted ILR via PBS ( Tier 1 route) in Sept 2017 and applying for naturalisation only this year.
As my wife and son joined me during may 2015 as PBS dependents, they qualify to apply for ILR only now ( which is may 2020).

My wife doesnt want to apply ILR ( as it is her personal choice ) . As her visa is still June 2021, she plans to go back to home country , infact we all are planning the same.

My question is , can I apply ILR for my son solely with reference to my ILR or it is not possibleto apply ILR for child dependents individually ? ( Note- My son was born overseas and came UK as PBS dependent when he was 2.5 years old and now he is 7 years )

I was told that my son's ILR application should be applied jointly along with wife;s, then only Home office will accept the ILR , if not they will reject it .. is that true ?
Would it not possible to apply my son's ILR with reference to my( father's ) ILR status ?

Many thanks for your kind replies.

Copy paste secret.simon’s post:

“Children born abroad follow the same UK immigration route as the less-privileged parent up to and including the less-privileged parent (and the child) being granted ILR.

After getting ILR, s/he can then register as a British citizen when at least one parent either is or is applying to become a British citizen.”

CULLINAN wrote: ↑

Wed Jul 22, 2020 7:04 pm

Copy paste secret.simon’s post:

“Children born abroad follow the same UK immigration route as the less-privileged parent up to and including the less-privileged parent (and the child) being granted ILR.

After getting ILR, s/he can then register as a British citizen when at least one parent either is or is applying to become a British citizen.”

Hi
Thanks a lot for replies..But sorry I am not completing understanding this.
Do my wife also need to apply for ILR along with son , inspite of I am in ILR status for last 3 years ?
Can my son only apply for ILR?

sorry to ask again

thanks

Your son won't get ilr if your spouse doesn't apply for ilr too or already holds ilr. The immigration rules prevent this for PBS dependent children. Children only qualify for ilr when the parent who doesn't have ilr is applying or already has ilr. In other words, both parents need ilr or must be applying at the same time as the child.

If you choose to apply for the child only, it will be refused and you lose the fee.

CR001 wrote: ↑

Wed Jul 22, 2020 7:19 pm

Your son won't get ilr if your spouse doesn't apply for ilr too or already holds ilr. The immigration rules prevent this for PBS dependent children. Children only qualify for ilr when the parent who doesn't have ilr is applying or already has ilr. In other words, both parents need ilr or must be applying at the same time as the child.

If you choose to apply for the child only, it will be refused and you lose the fee.

Thanks a lot for the explanation. This make me clear.
I will apply ILR for my wife and son together then.
Also I will mention my ILR ( which I got 3 years back) in the application.

Thanks a lot for quick replies.

Are you all moving back to your home country??

You do realise ilr is not indefinite if you leave the UK for 2 or more years.

CR001 wrote: ↑

Wed Jul 22, 2020 7:49 pm

Are you all moving back to your home country??

You do realise ilr is not indefinite if you leave the UK for 2 or more years.

Not after ILR, post naturaliation only .. thanks