Immigrationboards.com

Hello
I came to the UK in May 19(tier 2/skilled worker) and got my ILR in April this year. My wife and daughter joined me in the UK as dependents in October 19. My wife switched to skilled worker visa in Aug 22 so her 5 year period is now reset.
My child will complete 5 years eligibility for ILR in Oct 24. Can I apply for her ILR or do I need to wait until my wife is also eligible to apply for ILR.
Some say both parents should have settled status to apply for Child's ILR. Can someone please clarify.

Thank you

CHI 4.3. forces child to wait.

If child’s leave expiries before wife is eligible to apply for ILR, then child should extend shortly before expiry of leave, in line with her.

Why did your wife switch?

While I was looking to switch jobs, as a precaution my wife switched to tier 2.

My daughter has visa until March 25 and she is eligible for ILR in Oct 24. In this case does she need to wait until my wife is eligible for ILR in 2027?

In this case does she need to wait until my wife is eligible for ILR in 2027?

Yes.

It doesn't make any sense and unfair

kp1234 wrote: ↑

Sun Aug 04, 2024 10:53 am

It doesn't make any sense and unfair

Not unfair for depednent visa holders in all categories. Rules are rules. Children can settle when both parents settle.

If people don't plan properly and rush to change visas for themselves and dependants, then this is what happens. The rules have always been the same in regards to children.