ILR for daughter

Hi
My wife and 2 daughters cane to the UK on dependent visa. 2 years ago my wife and elder daughter had to leave UK due to personal reasons and the younger daughter ( 16 yes old) continued to stay with me. This August she will complete her 5 years and be eligible for ILR. Given that my wife did get her extension as well but has not been in UK for 2 years she will not be eligible for ILR . Now, under this circumstance can I apply for ILR as a sole custodian and single parent here in the UK ? Will I need any kind of court affidavit from my wife in India to get any sort of consent ? Or being legally married this is not required ?
Any information would be very helpful, thank you.

If you are a skilled worker, then your daughter must satisfy all the requirements for Settlement as a dependent partner or dependent child of a Skilled Worker.

This includes

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.

yaseengani wrote: ↑

Fri Feb 19, 2021 12:10 am

This August she will complete her 5 years and be eligible for ILR.

There is no 5-year residence requirements for child’s ILR.

Hi, Does that mean there is no 5 year requirement and she is already eligible for ILR ?
Thanks
Regards
Yas

Yes, if you already have ILR and she meets the other requirements, etc.

The 5-year residence requirement for ILR is for partners. Normally, child cannot apply for ILR without both parents having, or applying for, ILR, unless one of the exceptions above apply.

Has your daughter previously extended her leave without her mother?

Hi after their initial dependent visa expired, I had renewed the visa for both my wife and daughter in Jan 2019 , as my wife was still in UK. But 2 months after my wife got her Visa she has to leave to India So last 2 years, my daughter has been with me. I became a British citizen in September 2019.

Daughter has to satisfy one of the exceptions in SW 39.4. (b) or (c) above.

Thinking about it, perhaps SET(F) may be easier, if child is under 18 and there is evidence that child is now normally living with you and not their other parent, etc?

Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:

• (i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:
  • (a) both parents are present and settled in the United Kingdom; or
  • (b) one parent is present and settled in the United Kingdom and the other parent is dead; or
  • (c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
  • (d) one parent or a relative is present and settled in the United Kingdom and 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; and
  (ii) has or has had limited leave to enter or remain in the United Kingdom, and
  • (a) is under the age of 18; or
  • (b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
  • (c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
  • (d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
  • (e) was last given limited leave to remain under paragraph 298A; and
  (iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and
  (iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and
  (v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds; and
  (vi) does not fall for refusal under the general grounds for refusal, and
  (vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.

Just checked their interpretation of

the child normally lives with this parent and not their other parent

I think that their interpretation includes the restricted requirements for family life as a parent or child under Appendix FM. It is more restrictive than the natural meanings of parent and child. Their interpretation may be inappropriate for you.

Hi
Thank you everyone for the advice, I have now assigned it to an immigration solicitor. As suggested and explained by Vinny here, even the immigration advisor chose the same route
regards
Yas