Apply adult child ILR without dependent wife ILR

[ILR2023]

Hi
I received my Skilled worker ILR in Feb 2023 (Had moved to UK in Feb 2018). My wife and child came as PBS dependent in May 2018 and have valid PBS dependent visa until Dec'2023.
I want to apply dependent ILR for my child in May'23 itself, who is 18+ now (before his uni starts - to qualify as home student).
However, my wife has travels plans and I want to apply for her later (after 3-4 months: Sep-Oct'23).
Can I apply for my child without my wife's ILR application? Or is it necessary to have ILR for both parents before I can apply for my 18+ old child?
Please advise. Many Thanks!

[CR001]

Can I apply for my child without my wife's ILR application?

No

Or is it necessary to have ILR for both parents before I can apply for my 18+ old child?

Your dependents should apply for ILR at same time. Dependent children only qualify for ILR if both parents are applying or if one parent has ILR and the other parent is applying for ILR.

Their qualifying period starts from the date their initial visas were issued, not the date they entered the UK.

[ILR2023]

Thank you so much for your reply.
So even if my child is 18+, he can not apply based on my settled status? I have to delay wife's travel plans? So that you know, I have already completed their seperate application (not submitted yet) and I do not see any specific evidence requirement and pre-requisite in the application.
Sorry for asking again as I want to be sure that there is no way out?

[CR001]

So even if my child is 18+, he can not apply based on my settled status?

No.

I have to delay wife's travel plans? So that you know, I have already completed their seperate application (not submitted yet) and I do not see any specific evidence requirement and pre-requisite in the application.

PBS Dependent children can only apply for ILR when the parent who does not have ILR is also applying. This is stated in the immigration rules and there is no discretion for ILR based on PBS Dependent 5 year route.

https://www.gov.uk/indefinite-leave-to- ... ly-members

Eligibility for children
You can include your child on your application if:

they have permission to be in the UK as your child (as a ‘dependant’ on your visa)
they are not married or in a civil partnership
they will live with you and be supported by you without using public funds
you and your child’s other parent are both currently applying to settle, or are already settled

Sorry for asking again as I want to be sure that there is no way out?

What date was their initial dependent visa ISSUED??

[ILR2023]

Hi
Their initial dependent visa was issued in May'18.

[CR001]

Hi
Their initial dependent visa was issued in May'18.

You will have to apply for your spouse and child together, no sooner than within 28 days before the 5th anniversary of their initial visa issue date.

There is no alternative and wanting your child to be considered a 'home student' is not an exceptional circumstance reason either.

[ILR2023]

Ok. Thank you!