ILR for Tier 1 Dependent Children (under 8 Years)

[msarwar]

Hi Gurus,

Just wanted to confirm:

Is there any Rule that binds the Tier 1 Dependent Children (under 8 Years) to stay in UK for a minimum duration of period? I am sure that there is a rule in place which restricts the spouse for a continuous stay of 5 Years, but Is there any restriction on Tier 1 Dependent Children (under 8 Years) as well?

Can the children apply for ILR as soon as the main applicant is eligible for ILR?

Kindly enlighten.

BR/

[Amber]

There is no rule on absences. However, if only the main applicant is applying for ILR, it would depend when the child was granted PBS dep leave, initially, as to whether or not the child could settle at the same time.

[msarwar]

Hi Amber,

The child was granted leave on 1st March 2013.


Kindly suggest and if you could provide the relevant ukba website link that would be great.


BR/

[Amber]

Was the child born in the UK or not?

[msarwar]

Hi Amber,


Just to put in prospective,let me clarify my children timelines:

Main Applicant have ILR due on 15-April-2017

Children + wife visa got stamped on 1st March 2013

Children were born outside Uk.

Can you kindly provide the date when my wife and my children will be able to apply for ILR please?

BR

[Amber]

When the Mother is granted ILR as:

(e) Both of an applicant's parents must either be lawfully settled in the UK, or being
granted indefinite leave to remain at the same time as the applicant, unless:

(iv) One parent is, at the same time, being granted indefinite leave to remain as a
Relevant Points Based System Migrant, the other parent is lawfully present in the
UK or being granted leave at the same time as the applicant, and the applicant
was granted leave as the child of a Relevant Points Based System Migrant under
the Rules in place before 9 July 2012.

[msarwar]

Right, Really appreciate your kind response Amber,

That would mean my children would be requiring futher Extension beyond 5-April-2015. I need to confirm whether they would be allowed to have further Extension as I believe there is a recent Rule change regarding no further extensions beyond 5-April-2015. Is it applicable to Main applicant only?

Kindly suggest.

[Amber]

They would have transitional protection if rules changed.

[msarwar]

Hi Amber,
Sorry for not being able to comprehend your answer, appologies for my understanding.

Just wanted to confirm if Main applicant does get ILR in April-2017 while Dependents ILR is due in March-2018. Would it be possible for Dependents to avail Extension beyond 5-April-2015? In my scenario they would be requring Extension in April-2017.

Kindly suggest?

Thanking in anticipation.

[Amber]

Yes, subject to the main applicant qualifying for ILR.