Minor child ILR dependent application both parents on their own tier 2 visa but 1 at start of 5 year one at end of 5 yr

Hello,
I would like to query about my son’s ILR dependent application wherein the current visa status of our family is as follows:
1) Husband initially came on ICT visa ( myself I.e.wife and child joined later as ICT visa dependent )
2) Myself I.e. wife switched to Tier 2 general visa with my son continuing on my husband’s ICT dependent visa .4 years now completed on tier 2 visa and due for ILR in October 2022.
3) husband and son both switched to being dependent on my tier 2 visa in his 4th year of ICT visa
4) later husband got his own tier 2 general ( now called skilled worker) visa and moved to his own skilled worker visa . Son remained on my tier 2 dependent visa

Finally visa status of family is as following:
Wife I.e. myself due for ILR in ICT 2022
Son on mother’s dependent visa I.e. tier 2 general dependent visa
Husband I.e father of child on his own skilled worker visa
In this situation, can you please advice if son when applying for ILR dependent visa will get ILR or dependent visa of how much duration ?
Will son’s dependent visa be dependent on mother’s or father’s visa ?

Will son’s dependent visa duration be same as father’s visa remaining duration for ILR I.e. he will lose the 2 years spent on mother’s dependent visa and be given based on fathers visa ?
What will son’s dependent visa details be ?
Note:
Wife and child have been in UK since around Oct 2016.
Kindly advice.

Please read
Wife I.e. myself due for ILR in ICT 2022
As
Wife I.e. myself due for ILR in oct 2022

Unfortunately, I think under these circumstances, child may be eligible for ILR when both parents have or are eligible for ILR, under SW 39.4.

If applying as a child, the applicant’s other parent (who is not the person (P) in SW 39.1.) must be being granted settlement at the same time, or be settled or a British citizen, unless:

• (a) the person (P) in SW 39.1. is the applicant’s sole surviving parent; or
• (b) the person (P) in SW 39.1. has sole responsibility for the applicant’s upbringing; or
• (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement.

unless child is eligible for ILR under Long residence. If child was not born in the UK, then child’s leave will be in line with the parent’s limited leave under SW 36.2.

A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years.

Child is ineligible to switch under Section E-LTRC.1.6.

One of the applicant’s parents (referred to in this section as the “applicant’s parent”) must be in the UK and have leave to enter or remain or indefinite leave to remain, or is at the same time being granted leave to remain or indefinite leave to remain, under this Appendix (except as an adult dependent relative), and

• (a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant; or
• (b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing or the applicant normally lives with this parent and not their other parent; or
• (c) there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

to ILR dependant without the other parent switching too. If they do switch, then their 5 year qualifying period will reset.

Thank you very much for replying.
Is it possible to put an inline reply.
Apologies I could not understand what will my son’s visa be stamped.
Though it’s clear he can’t have ILR till both parents have ILR from the reply,but do I apply for ILR dependent or what happens to his visa status when I switch to ILR

It depends on what limited leave the other parent applies for. Child may apply as the other parent’s dependant.

My apologies I have no legal knowledge so not sure what is meant by ‘ what limited leave the other parent applies for’
The other parent I.e. my husband is on skilled worker visa with just 2 months done now so no new application to be done for him
I would be applying for ILR in October 2022 , the problem is what will my son get if he applies as my ILR dependent

Will his 2 years on my visa count or will he have to wait for my husband to apply for ILR to get ILR ?

I think child cannot apply as a ILR dependant without the other parent applying as a ILR dependant as well.

Child should apply as the other parent’s dependant before expiry of leave.

Thank you Vinny.

Are there any alternate ways . Few I thought are potential solutions to avoid wasting child’s 2 years :
1) child can apply on his 7 year visa independently - what are the conditions for his eligibility in this case?
2) father can apply on his 10 year visa independently - what are the conditions for his eligibility in this case?
3) father can switch to ILR dependent along with wife’s ILR application with son
But what are the disadvantages of this approach- does fathers count reset ? Does son’s count of years reset ?
Any other ?
Few follow up queries please:
1) what would be the effect on mother’s ILR application if son still applies as ILR dependent on same application?
2) what would be the effect on son’s ILR dependent application and visa ( will it get refused) if son still applies as ILR dependent on same application?
3) what if son applies on diff application to avoid any effect on mother’s application?
Please advise

1. See also Can children and parents apply to remain after seven years’ residence?

2. See also Long residence.

3. Yes Father’s count reset. Son’s count also effectively reset because son’s ILR normally depends on both parents’ ILR.

Follow up answers
1. Probably none. I believe refusing a dependant’s application is not a ground for refusing main applicant.
2. They may refuse son due to failing 298.
3. Son may apply as a dependant of his father.

Another way to understand the situation is that the child's status will be in-line with that of the second/lesser-privileged parent.

Therefore the child will need to become the dependent of the second/lesser-privileged parent until such time as the second parent qualifies for ILR (regardless of the route by which the second parent acquires ILR).

The child can apply for ILR with the second parent, unless the child completes 10 years of residence in their own right before the second parent qualifies for ILR.

The 7 year route does not lead to ILR but to FLR(FP). The child will still need to complete 10 years legal residence in the UK in order to qualify for ILR(LR).