ILR application of GTV dependant child

[tanya167]

Hello Team,
I have seen this forum has helped a lot of members. and I would like to seek an advice in my case.

I (mother) came to the UK from India on her Intra company Transfer (ICT)  visa in Dec 2019, and Y - the  husband and father and son(S) came as ICT dependents at the same time.  
Then husband (Y) switched the visa to Primary  holder of Tier 2 general visa in Sep 2020 and me i.e. mother   and my son S switched from ICT to Tier 2 general dependents.  
In May 2021, I (mother) received the Global Talent visa and she switched to the Primary Global Talent Visa holder and son (S)  and husband(Y) became Global Talent Visa dependents. 
 I was eligible to apply for ILR after a 3 years stay and also got her ILR in Aug 2024. 
Now Question is - son (S) who was born outside the UK, now 16 .6 years old, has been in the UK for last 5 years continuously and legally without any gap.  First 8 months (on mother's ICT dependant), then 6 months (on father-tier 2 dep) & last 3.6 yrs mother's Global talent Visa dependent.
Is the son eligible for ILR now? Does that 8 months dependant on mothers ICT visa count in those 5 years or not?  and when exactly is he eligible to apply for ILR?
And does father's visa status still matters because fathers ILR will happen in May 2026?

Please help as I have received various responses from solicitors such as
a. son has to wait for ILR and can apply only with his father (as both parents needs to be settled or could be applying with child for ILR) i.e. in May 2026.
b. Son can apply now as he has been in UK for last 5 years and mother has settled status. All his stay will be eligible for ILR and father's status can be ignored.
c. son can apply only in Sep 2025 as Tier 2 dependent and GTV dependent stays only be counted and hence eligible only in Sep 2025.

[CR001]

Children dependent can only apply for ilr when your husband does for ilr based kn 5 years. This is stated in the immigration rules.

There is no shortcut route for your child if your husband is not also applying for ilr.

[tanya167]

Thank you for the reply. I understand as my son's dependent visa's changed from mother to father to mother - his earlier stays are not counted.

When I have to submit the ILR application for husband and son : 28 days prior rule applies.

What exactly is okay to do 28 days prior? a) submit the ILR application form by paying the fees b) scheduling Biometric appointment c) attending the biometric appointment and say 'Yes' when person at desk says , are you okay to send the application for further processing?

Thanks in advance.

[CR001]

You can apply and pay online within 28 days before qualifying. Applying and submitting online is the application date.

The child's earlier dependent visas would count, but are irrelevant in this case as the child can only apply for ilr when your husband does.

[tanya167]

Thank you CR001 for correcting my understanding. So it is the other parent's status which has to be taken into consideration. When I was reading the other threads of the similar topics , I sort of missed this point.
I will follow this advice and submit the applications in 2026 then.


Once again thank you.