Immigrationboards.com

Hello. I am after a clarification that I could not find on gov.uk.

I have a Tier 1 Exceptional talent visa. I applied and got the maximum 5 years visa. My spouse and 8-year-old child both got their "dependent" visas, and we all have been living here in the UK. I am now 3 years past the start of my life in the UK and planning on applying for the ILR. I am aware that I can also apply for my child at the same time, while my spouse would have to wait for the 5 years to complete. However, due to the cost (£2,389 per person), I am considering applying for myself first, and applying for my child in a year time. The spouse would then apply a year after when the 5 years threshold is met. I would like to know if applying for my child a year after I have applied for me, would that be of the same or higher difficulty, scrutiny, and requirements compared to if I applied for both of us at the same time?

I look forward to your advice.

Thanks and stay safe.

uhd4k wrote: ↑

Tue Nov 02, 2021 9:06 pm

I am aware that I can also apply for my child at the same time

I am not sure that that is correct.

The general rule for children born abroad is that they are eligible to apply for ILR with the second/less-privileged parent.

Was the child born in the UK or abroad?

EDIT: Exactly as I thought.

Immigration Rules - Eligibility requirements for settlement as a dependent partner or dependent child on the Global Talent route wrote:GT 27.3. If applying as a child, the applicant’s other parent must be being granted settlement at the same time, or be settled or a British citizen, unless:

(a) the person (P) in GT 27.1. is the applicant’s sole surviving parent; or
(b) the person (P) in GT 27.1. 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 child settlement.

Your child can't apply for ILR before the other parent. Both will need to apply at the same time, after another two years.

You are wrong in your understanding

The child will only qualify for ilr when your spouse does. The immigration rules do not permit a child to apply for ilr with one parent when the other parent doesn't qualify and has to continue as a tier 1 dependent for the full 5 years.

Thanks for the great feedback. Ironically this fixes my problem, as I will be the only one applying at this point of time. The Child and the spouse will have to wait.