Application of VISA for Child of ILR father, Mother and child to join ILR father in the UK

Dear All,

I tried to look into the previous threads not able to get the info I need. Kindly can you please help with my query.

I am currently on ILR obtained through the PBS system after 5 years of work VISA. My family Wife and daughter are not yet to join me in the UK and live abroad. They are now planning to come to the UK to join me to live here. I have the following questions, please

1) Can I apply for my Child VISA as a dependant or does get eligible to apply directly for ILR as she will be coming with my wife? My child is 6 years old.

2) My wife if she is applying does she apply for a spouse to dependant VISA of an ILR holder?

Many thanks for your consideration.

Regards,
Sachin

1) Can I apply for my Child VISA as a dependant or does get eligible to apply directly for ILR as she will be coming with my wife? My child is 6 years old.

The child is NOT eligible for ILR directly. The child must apply for the same visa as your spouse and spend 5 years in the UK before they can apply for ILR when your spouse does.

2) My wife if she is applying does she apply for a spouse to dependant VISA of an ILR holder?

Correct, a spouse settlement visa. Child applies for the same and will get a visa with the same validity as your wife.

Do you meet the £22,400pa financial requirement?

Does your wife meet the English A1 requirement?

Have you got evidence of adequate accommodation?

Why did you not bring them to the UK as Tier 2 dependents earlier??

Hi CR 001,

Many thanks for your reply. Please find attached answers

Do you meet the £22,400pa financial requirement? Yes I do

Does your wife meet the English A1 requirement? Yes she is

Have you got evidence of adequate accommodation? Yes we have now a 3BHK home

Why did you not bring them to the UK as Tier 2 dependents earlier?? Family and personal situations beyond my control

Can I ask if the wife is coming for good to live with me here and me being an ILR holder, why not the child apply for ILR directly, as one parent Is ILR and the other parent is coming to join the partner? I looked at the forum and it says the 5-year rule does not apply for children. Is that not correct?

Also if you say my daughter cannot apply for ILR directly, can she apply for the same once I get a Citizenship? Would really appreciate your comments? I am very thankful for the time and effort needed to run this forum. Much appreciated.

Sachin Raja wrote: ↑

Sat Jul 04, 2020 6:26 pm

I looked at the forum and it says the 5-year rule does not apply for children. Is that not correct?

That is correct.

However, the general rule that applies for non-British citizen children born abroad is that their immigration status is the same as that of the less-privileged parent and they are eligible for ILR along with the second parent.

In your case, as your wife will be eligible for ILR after five years, so will your daughter.

Your daughter will be eligible to register as a British citizen when at least one parent is a British citizen and both the child and the other parent have ILR.

Can I ask if the wife is coming for good to live with me here and me being an ILR holder, why not the child apply for ILR directly, as one parent Is ILR and the other parent is coming to join the partner? I looked at the forum and it says the 5-year rule does not apply for children. Is that not correct?

A child born abroad will follow the same visa route as the less privileged immigration parent, ie your wife. A child can only apply for indefinite leave to enter if BOTH parents hold ILR or are British. This doesn't apply to you. Child will need 2 X 2.5 year visas and ILR after 5 years, same as your spouse.

Also if you say my daughter cannot apply for ILR directly, can she apply for the same once I get a Citizenship?

No she cannot. You becoming British doesn't make her eligible for ilr either. Again, as per my first point, the child will follow the same route as your wife. There is no shortcut route for your daughter.

Many thanks for clarifying this much appreciated.