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Hi! Hope you can help me with my inquiry.
My visa will expires on July 2022 same with my husband and my two children who are both over 18 years old by next year. I am eligible to apply for my ILR Tier 2 Skilled worker this August 2021 for this is my 5th year. My husband still not eligible for ILR beacuse he breaks the rule of 180 days away from the country each year because he is working in a japanese company.My question is, does my two children over 18 years old ( one is 21 and the other is 18) will be eligible to apply for ILR beacuse they are here in UK for 5 years by July 2022? Hope you can help me beacuse I am confused now. Some solicitor said yes and some say no. help me to enlighten with this issue beacuse it will affect their university study and I dont want to apply ILR if they are not eligible.

Thank you!

fab2021 wrote: ↑

Fri Apr 23, 2021 7:01 pm

does my two children over 18 years old ( one is 21 and the other is 18) will be eligible to apply for ILR beacuse they are here in UK for 5 years by July 2022?

To the best of my knowledge, dependent children born outside the UK are eligible to apply for ILR with the second parent to get ILR OR after 10 years of residence in the UK on the Long Residence route.

Thank you for your response. It will be a sad news for my children because it means they will wait another 5 years for them to have ILR as well as my husband need not to work abroad starting this year. Ate the dependent children allowed to work? Because it says that they should be financially supported by us?

Thank you

Dependent children over 18 may work under SW 36.3, subject to SW 32.2. and SW 41.2.

If the child is aged 16 or over at the date of application, they must not be leading an independent life.

Unfortunately, SW 39.4. prevents them from granting ILR before the other parent, unless

there are serious and compelling reasons to grant the applicant settlement.

Thank you so much for your reply. My 20 year old son is working right now full time then i read that they should financially supported by me( main) so we are asking him to resign because I don't want them to be refuse. Thank God for that. So I will just extend their visa next year and start from year 1 again.
Thank you so much!

Thank you vinny and secret.simon for your reply.
May I ask another questions?
Since my children both not qualified for ILR because my husband still not eligible for ILR, what visa extension shall I apply for them when i get may ILR?
Will there be a problem when I extend the visa of my 20 years son who is working full time because they can see that he is earning and I am not supporting him financially?

In the next 5 years when my husband still failed to be eligible to ILR because of his absences due to nature of his work, can my two children apply for IlR for long residence visa route?

Many thanks

Follow up please.

Thank you very much

They may extend as Skilled worker dependants.

When eligible under Long residence, they may apply for it.

Thank you vinny. It is a very big help.
God bless you.