wife and her daughters ILR

[mattecube]

My wife came to the UK in October 2015 and celebrates 5 years here this October and as I understand the rules she can apply 28 days prior to her 5 years in the UK date or any time after upto her BRP end valid date March 2021.
What I cannot find clarification on is that her daughter who came here in May 2017 can apply on the 5 year anniversary of her mother landing (apply at same time as her mother) or does she have to wait till 28 days prior to her BRP expiring which is in line with her mothers BRP expiry date?

[CR001]

What is your immigration status?

If you are British, how did you become British?

Presumably they arrived on a spouse settlement visa and not a PBS dependent visa?

The child, if not already British hence my questions above, can apply when the mother does. There is no 5 year minimum residence requirement for children.

[mattecube]

I am British by birth my wife came over in 2015 on spouse visa daughter followed on a dependant visa (not point based)
I fully understand the non 5 year requirement for the child its can she apply with her mother in October 2020 or does she have to wait till february 2021 (neither of these periods give the daughter 5 years fully understand no requirement for 5 years)its either or?

[CR001]

Is your daughter not British by descent then if you are British by birth?

Sorry, just reread your post and it is your step daughter.

Child can apply for ilr the same time as the mother.

[mattecube]

as i said in my original post its her daughter, no she is not British by descent and too old now to adopt

[arjay]

I am British by birth my wife came over in 2015 on spouse visa daughter followed on a dependant visa (not point based)
I fully understand the non 5 year requirement for the child its can she apply with her mother in October 2020 or does she have to wait till february 2021 (neither of these periods give the daughter 5 years fully understand no requirement for 5 years)its either or?

Your (step) daughter can still apply for ILR jointly with the mother (on a spouse visa), as long as the mother (your spouse) is eligible and being granted ILR (SET(M)) at the same time, even though the daughter may not have been living in the UK for a full 5 years at that point. (Presumably they have both previously been granted FLR). They apply jointly on a SET(M) application. One joint application, but two fees, and one biometric appointment.

[mattecube]

cheers for all that but I fully understand it all.
my question is this
a)mother applies at 5 years in the uk October 2020 can daughter?
or
b)mothers FLR is valid till FEBRUARY 2021 and so is her daughters now having caught up with her mother(fully understand) this is the only time daughter can apply.

i am aware mother and daughter have to apply at same time but is it a or b or anytime between a and b

[CR001]

1. Yes, as stated numerous times now, the child can apply when the mother applies.

2. She can apply when mother does. There is nothing complicated about this situation.

[mattecube]

I know

[arjay]

i am aware mother and daughter have to apply at same time but is it a or b or anytime between a and b

They can apply when the mother has been in the UK for 5 years, or up to a maximum of 28 days before that 5 year date. That's 5 years from the date of her arrival into the UK, as stamped in her passport.

[mattecube]

my wife came here on a spouse visa october 2015, her daughter arrived may 2017, I am reading that although the 2 visas have been aligned her daughter cannot apply for ILR till she has completed 5 years in UK, I thought this applied to British Citizenship.
If this is correct what happens when the daughters current visa expires it was applied for and granted december 2019 aand valid to february 2021(aligned with mother) only 13 months, do we pay again, for a short visa again? will she be visa less till she completes 5 years? Or have I got it wrong and if so please point me to the rules applicable

[CR001]

How old is the daughter?

I have also merged your two topics, where this question was already answered more than once!

[mattecube]

the daughter was 17.5 in may 2017 when she was first landed and is now 21 she is treated as a dependant throughout the process.
I read and I know it is a slightly different set of rules that under PBS a dependent has to do 5 years in UKbefore applying for ILR.
I cannot find anything in the rules that covers a dependent ILR application on the parent being on a spouse visa route

[vinny]

Child can apply for ilr the same time as the mother.

[mattecube]

my wifes daughter is now over 18 and ready to apply for ILR (she was under 18 when she entered the country) her mother is also applying for ILR. I am unsure which form to use for the daughters application

[vinny]

Posts merged.

[vinny]

apply