Indefinite Leave to Remain for Child

[rash123abcd]

Hi

Can you please help me with my below query:


I am currently on Indefinite Leave to Remain (Tier 2 General route). My husband is currently on Spouse/ Partner leave to Remain (Family Settlment) visa valid until 2021.
My husband would become eligible to apply for ILR in April 2020 under the 10 year rule as he was initially on Tier 2 ICT visa.

My 4 year old daughter is currently on Tier 2 General Dependant visa which was issued when I was on Tier 2 Genaral visa. My daughter was born in India and her visa is currently valid until October 2019.

Can you please let me know if she is eligible to apply for Indefinite Leave to Remain?
Parents visa status:
Mother: Indefinite Leave to Remain
Father : Spouse/ Partner leave to Remain (Family Settlment) valid until 2021

Thanks

[CR001]

Why are your dependents on different visas?? Was your husband previously also on a tier 2 dependent visa and switched to FLR(M) spouse settlement visa??

A PBS Dependent child is usually only eligible for ILR when both parents are applying OR when one parent has ILR and the other is applying with the child for ILR.

[rash123abcd]

Me and my husband were initially on different visa prior to me getting ILR.

I was on Tier 2 General visa and my husband was on Tier 2 ICT visa. I had entered the UK initially as his dependant and later switched to Tier 2 General visa. My husband switched his visa from Tier 2 ICT to Spouse visa only after I got my ILR. He will be eligible for ILR in April 2020 under the 10 year Long Residence Rule.

My daughter's initial visa was issued when I was on Tier 2 General visa.

Would Spouse visa of my husband be considered as settlement - on the basis of which I could apply for ILR for my daughter?

If my daughter is not eligible for ILR, what visa should I apply for her? - Would it be Tier 2 General Dependant extension or ILR Dependant?

I was also thinking about the 3 year NHS surcharge I would have to pay if I apply for Tier 2 Dependant extension as she would then become eligible for ILR in few months as my husband would get his ILR in 2020.

Please clarify my query.
Thanks