ILR for 18 years old & dependent

[indiapakistan]

Hi, I need help in understanding ILR situation for my son. I will be eligible for ILR in Nov 2021 under Tier 1 Global talent visa. My son has been on following visas since arrival to UK:

1) PBS dependent from Aug 2014 to Dec 2018. I was main applicant on Tier 2 ICT visa during this period.
2) PBS dependent from Dec 2018 till date. I switched to Tier 1 Global talent in Dec 2018 and moved my son to my dependent again.
3) My son will turn 18 years in Nov 2021 when I will be eligible for ILR. He is school going student and will be in year 12 of full time schooling in Nov 2021.

Please confirm that my son will be eligible for ILR along with me in Nov 2021. Please also not my wife is on her own Tier 2 General visa.

[secret.simon]

Please confirm that my son will be eligible for ILR along with me in Nov 2021.

No.

Children born abroad follow the immigration pathway of the less-privileged parent and will be eligible for ILR along with the second parent.

[indiapakistan]

so do you mean to say that I have to move my son to dependent visa of my wife when I apply for ILR or he will be moved to my ILR dependent?

[secret.simon]

Your wife and son can remain as PBS Dependents until they get their ILR.

[indiapakistan]

Hi, sorry I didn’t get you. My wife is on Tier 2 General visa. My query is if I need to move my son to her dependent or will he moved to my ILR dependent in Nov 2021 when I will apply my ILR.

[CULLINAN]

Your son should carry on a PBS dependent visa, you being the main applicant.

Your wife can apply for ILR via Tier 2 G when she qualifies.

Your son will be able to apply for ILR when your wife does also apply for her ILR. Also, he will need to prove that he is not leading an independent life. Your son will apply ILR as your PBS dependent though.

As secret.simon said:

Children born abroad follow the immigration pathway of the less-privileged parent and will be eligible for ILR along with the second parent.

[secret.simon]

As a sidenote, I would add that keep in mind that as the child has passed their 18th birthday, they will need to naturalise in their own right and meet all the requirements (physical presence, absences, English language, LITUK, etc) in their own stead. There is no concept of a dependent citizenship application for children over 18.

And they will need to give the English language test even if they have attended schooling in the UK. It is not required only if your child has graduated from a university in the UK before the application.

And it is likely that your child may have to pay the overseas fees for attending a UK university if he has not got ILR by the first day of the first year of the course.

So start planning ahead.