Can my kids get ILR , if one parent has ILR and another does not ( kids not born in UK/ EU)

[Im_2022]

Hiya ,
I have question related to my kids ILR application .
I entered UK with tier 2 visa ( later changed to PBS) and got my ILR last year .
My family ( wife and 2 kids) entered Uk in sept 2017 in tier 2 dependant visa ( later changed to pbs dependant).
They are completing 5 years next month.
My kids were born in India .
My wife will not be able to pass LIUK exam , as she needs more time .
I wanted to check if I can apply ILR for my kids given that I have ILR.
I’ll extend my wife’s visa ( FLr) , but wanted to check if my kids can still get ILR given I have ILR and my wife will be lawful resident of Uk .

Thanks in advance.

[zimba]

No. Children do NOT have a minimum residence requirement. Non UK-born children will follow the immigration path of the less privileged parent and can settle ONLY when both parents settle. So they settle with your wife, whenever that happens. The fact that you have ILR is irrelevant

[Im_2022]

Hi Zimba ,

Thanks for your quick reply .
When I was filling the ILR form my kids , I did not come across any questions where they asked for ILR status of any of the parents .
Just one question who will come with you to submit BRP.

How would they check parents settlement status .

Thanks

[zimba]

Hi Zimba ,

Thanks for your quick reply .
When I was filling the ILR form my kids , I did not come across any questions where they asked for ILR status of any of the parents .
Just one question who will come with you to submit BRP.

How would they check parents settlement status .

Thanks

UKVI will rely on the data in their systems to make decisions NOT answers from you on the form. Answers on the form are often used to guide the caseworker in the right direction. They hold all the immigration data on their systems and know the rules

[Im_2022]

Hi Zimba,

Thanks for the clarification.
One last question, do I need to fill FLR form for two kids and my wife?

[mccheb]

If they are currently on PBS dependant route, please don't switch to FLR
as this would reset your wife's ILR clock. You should extend your wife and child's
PBS dependant visas (by 3 years, according to the rules).

[zimba]

Hi Zimba,

Thanks for the clarification.
One last question, do I need to fill FLR form for two kids and my wife?

FLR(M) is ONLY for people under the family route. Using that will switch them to the family route and resets their ILR clock. As PBS dependant route does NOT apply anymore to skilled workers, they will extend under Skilled worker dependant visa:

https://www.gov.uk/skilled-worker-visa/ ... d-children

How to apply
Your partner and children must apply online to either:

extend or switch to your Skilled Worker visa as your partner
extend or switch to your Skilled Worker visa as your child

[Im_2022]

Thanks a lot Zimba, i really appreciate your help