child turning 18,

I hope someone can help me.
My husband came in June 2014 and my kids and I came to England in October 2014. I changed from Tier 2 dependent to tier2 general visa as I took a training doctor job. My husband and kids applied for ILR mid June 2019 (so it could be done before my eldest son turns 18 in October). Kids' ILR was rejected saying both parents didn't have ILR; husband got it.
Questions:
1. What should I do about kids' visas? They have tier 2 dependant visa upto april 2020.
2.Should I apply now for my elder son as dependent of father or mother before he turns 18 ?
3.Is there anyway I can take this to court and ask for ILR for kids on humanitarian grounds?
Thanks for answering.

If their visas are dependent on the fathers previous tier 2, they can continue as PBS Dependent visa holders until they qualify for ILR when you do.

2.Should I apply now for my elder son as dependent of father or mother before he turns 18 ?

No, the immigration rules state very clearly that the children will get ILR when both parents are applying or one already has ILR and the other is applying.

3.Is there anyway I can take this to court and ask for ILR for kids on humanitarian grounds?

No. What 'humanitarian grounds'?? He has a valid visa. He has not been asked to leave the UK. His ILR was simply rejected as he didn't qualify as clearly stated in the Immigration rules.

When did you change to Tier 2 General??

You do realise that children over 18 can still apply for ILR as long as they are still dependent on the parents and have evidence to prove this. Turning 18 doesn't shut the door for him.

Thanks for replying.
I changed over to Tier 2 general migrant in February 2017 for this training as doctor job because they wouldn't let me do it in tier 2 dependent visa.
Stupidly, I wasn't aware that both parents should have ILR for kids to get ILR. Will they take all the fees for ILR of 3 kids? Is there any hope in administrative review?
Kids have dependent visa till May 2020. My eldest turns 18 in October. Do we apply for dependant extension or switch of visa now that Kids' father has ILR?
When kids apply for ILR with me in 2022 apparently my eldest won't get ILR then as " if aged 18 or over, should have been admitted to UK under paragraph 302, appendix FM, or 319R or 319X" . This is from paragraph 298 of immigration rule. What should he do then?
I really appreciate your help, as I acted wrongly in the beginning.

Kindly advise...
My son is turning 18 in October 2019. He came to UK in October 2014. His ILR application got rejected because his father had ILR, but mother didn't. He is now PBS dependant leave to remain which expires May 2020.
Should he apply now for FLR (M) before 18 or will he be eligible for extension of PBS dependant in May when he is over 18?
The issue is he has applied for administrative review for the rejection and you are not allowed to apply for something else while that is in process. However he will turn 18 before the result of the review is out.
Kindly advise which is best option.
Many thanks

The rejection was correct. Not sure why he went in for administrative review.

The child should have applied for a PBS extension and should have continued on that route till ILR. That would have been fine even after he was 18, provided he had not started an independent life (not got married or a job).

Thank you for reply. He had already done one PBS dependant renewal in 2017. Can he renew as PBS dependant again in 2020 when he is over 18? His father now has ILR. Is there the option of FLR (M) before he turns 18 and is that better?

Topics merged!!!

Shezjaz wrote: ↑

Sun Sep 15, 2019 5:09 pm

Thank you for reply. He had already done one PBS dependant renewal in 2017. Can he renew as PBS dependant again in 2020 when he is over 18? His father now has ILR. Is there the option of FLR (M) before he turns 18 and is that better?

Yes, he can extend his pbs dependent visa provided is is not living an independent life.