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ILR - Dependent- Child

Posted: Fri Jul 09, 2021 3:35 pm
by VA_SI
Dear user,

Would anyone please throw your experience.

I and my wife have ILR -settled status.
My second son have UK citizenship and Passport.

My question is, my first son have completed 4 years,10 months in UK under tier-2 general dependent. have short of one complete month of visa validity to eligible ILR application. do i need to extend his visa or directly apply SET(o) under our ILR Status?

Because i planned to extend his visa under the same tier-2 for 3 years, then apply Set (o). but it is completely waste of money. is any other way please?

Thanks
Siva

Re: ILR - Dependent- Child

Posted: Fri Jul 09, 2021 4:07 pm
by zimba
This is a common misunderstanding of the rules. Children do NOT have a min qualifying period to get ILR. When both parents become settled, the child is then eligible for ILR regardless of the time spent in the UK

Re: ILR - Dependent- Child

Posted: Fri Jul 09, 2021 4:27 pm
by VA_SI
Hi Zimba,

Thanks for your information, its a great relief. infact he is just 5 years old now.

I have miss understood the rules. His Visa is due to expire this month and before applying his extension, i want to check.

Honestly spending 3k(Visa Extension) + 3k(Set(O)) in two months is mad.

However, is any official information document?

Many Thanks for your information.

Thanks.
Siva.

Re: ILR - Dependent- Child

Posted: Fri Jul 09, 2021 4:46 pm
by zimba
Relationship requirement for settlement for a dependent partner or dependent child of a Skilled Worker
SW 39.1. The applicant must be the partner or child of a person (P) where one of the following applies:

(a) P is, at the same time, being granted settlement on the Skilled Worker route; or
(b) P is settled or has become a British citizen, providing P had permission on the Skilled Worker route when they settled and the applicant had permission as P’s partner or child at that time.
https://www.gov.uk/guidance/immigration ... led-worker