Does a child become eligible for ILR after mother becomes ILR

[Varshababu]

Hi,
My husband came on ICT visa in 2016 along with me and my kid(now age is 14). In 2019, I got converted into T2 general visa through my employer. But my kids continued to be dependent on my husband.
With recent change in ICT salary needs, my husband can be on his ICT visa for 9 years till 2024.
I will Be eligible for ILR in 2023. My kid is not on my dependent visa and they will continue to be dependent on my husband. Will they be eligible for ILR along with me in 2023? And will my husband be also eligible for ILR as soon as I get mine?

Will appreciate your thoughts on this

[secret.simon]

Assuming that the child was born abroad, the child will be eligible for ILR with the second parent to acquire ILR.

To the best of my knowledge, Tier 2 ICT does not lead to ILR, so your husband (and therefore also child) will become eligible in 2026, assuming that they complete 10 years of living in the UK on various visas.

Your husband and child can switch to PBS Dependent LRs now, while you are on Tier 2 and then continue to hold that status after you get ILR based on Tier 2. They would then be eligible for ILR in 2025, after they have completed 5 years on that (PBS Dependent) pathway.

[Varshababu]

Yes my child is born abroad, not in UK. Thanks for your insightful response.

If I understand your response correctly then my son can get ILR only after me and my husband both have got ILR.

In that case I will soon get my husband and son on my dependent visa

[secret.simon]

Your son will be eligible to apply for ILR with your husband (i.e. it can be a joint application. He does not need to wait until your husband gets ILR).

Keep in mind that it is likely that the child will have to apply for naturalisation as an adult meeting all adult requirements (waiting for one year after ILR, English language test, LITUK, etc)if he is granted ILR after his 18th birthday.

[Varshababu]

If I transfer my kids as dependent on me, in that case my kids will be dependent on my tier2 general visa from 2021. Will my kids become eligible for ILR along with me in 2024?

[vinny]

SW 39.4. If applying as a child, the applicant’s other parent (who is not the person (P) in SW 39.1.) must be being granted settlement at the same time, or be settled or a British citizen, unless:

(a) the person (P) in SW 39.1. is the applicant’s sole surviving parent; or
(b) the person (P) in SW 39.1. has sole responsibility for the applicant’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement.

[Varshababu]

Hi Vinny,
Did not understand the section clearly.
Can you please help me understand that if my kids are dependent on my visa then will they get ILR when I become eligible.

[secret.simon]

Can you please help me understand that if my kids are dependent on my visa then will they get ILR when I become eligible.

No.

As I had already advised above, children born abroad become eligible for ILR when the second parent gets ILR. That is regardless of which parent their visa is dependent on.

SW 39.4. If applying as a child, the applicant’s other parent (who is not the person (P) in SW 39.1.) must be being granted settlement at the same time, or be settled or a British citizen, unless:

@Vinny's post essentially gives the conditions that must be met for the above to not be the case, that either the other parent is dead or that the parent with ILR has sole responsibility for the upbringing of the child, generally after a divorce and court order of custody to one parent.

Otherwise, if there are two parents in the life of the child, the child becomes eligible for ILR when the second parent acquires ILR.