Query on Dependent ILR

[mayank_goel]

Hi All,

I am seeking advise on my ILR queries based on following condition.

1. I came to UK in Oct 2016 on Tier 2 General Visa.
2. My spouse and child came to UK in Apr 2017 on Tier 2 General dependent Visa (my dependents).
3. My spouse and child left UK in Dec 2017 and came back in May 2018 and again left in Jun 2018.
4. My VISA got extended in Aug 2018 but my family's visa was not extended that time.
5. My family received dependent visa again in Jun-2019 and they came here in Jul-2019, since then they are here now.
4. My Child's age is 16 years as my Tier 2 dependent.

I am eligible to apply for ILR around Oct 2021.

Queries:
1. Can my child apply for ILR along with me as she is my dependent.
2. If the child cannot apply along with me then when is the earliest she is eligible considering above conditions.
3. How her Visa needs to be extended (Category) if she is not able to apply along with me in Oct 2021.
4. Can the child only apply for ILR when both the parent are settled and / or applied for settlement status.
5. Can my spouse apply for ILR along with me as she is my dependent.
6. If the spouse cannot apply along with me then when is the earliest she is eligible considering above conditions.

Thanks & Regards

[secret.simon]

Children born abroad follow the same immigration pathway as the less-privileged parent and are eligible for ILR along with the second parent.

1. Can my child apply for ILR along with me as she is my dependent.

No.

2. If the child cannot apply along with me then when is the earliest she is eligible considering above conditions.

See first line above.

3. How her Visa needs to be extended (Category) if she is not able to apply along with me in Oct 2021.

Same visa(s) as the other parent.

4. Can the child only apply for ILR when both the parent are settled and / or applied for settlement status.

Correct, for children born abroad.

5. Can my spouse apply for ILR along with me as she is my dependent.

No.

6. If the spouse cannot apply along with me then when is the earliest she is eligible considering above conditions.

Assuming that you apply for ILR based on your Tier 2 visa in 2021, she needs to complete five continuous years of residing in the UK on a PBS Dependent visa. So she should be eligible in June 2024.

4. My Child's age is 16 years as my Tier 2 dependent.

If your daughter is only eligible for ILR after her 18th birthday, keep in mind that she will need to meet all the naturalisation requirements of an adult in her own right (i.e. she will not be your dependent for the purpose of acquiring British citizenship), such as absences in the preceding five and one year, physical presence, English language test, LITUK, etc. She will also have to wait for a year after ILR before naturalising (unless she is married to a British citizen), unlike your wife who would be able to naturalise immediately after her ILR if you have already become a British citizen by then.

Also be aware that she will not be eligible for either student loans or for home fees (she will likely be charged the much higher overseas fees if she goes to an English university).