Child absence

[Ousha]

Hello everyone,

I am here on tier2 visa and will be eligible for ILR on July 2024.

I am single mother and my 6 year old son joined me after 2 years of me being in the UK.

My questions are
Will he able to apply for ILR with me next year or I have to switch his visa to ILR dependent until he finish his own five years.

I would like to take him back home ,long one really for family reasons I will make sure it is less than 6 months (180days). Will that affect his continuous residences in the UK as my friend said he is only allowed 3 months outside the country.
Thank you

[vinny]

Happily, I suspect your friend may have been confused between a partner’s and a child’s ILR requirements.

When eligible, you may apply for ILR, subject to SW 25.1. Child may apply for ILR together with you, subject to SW 46.1. Both must be in the UK to apply.

There is no qualifying period for ILR for child to complete.
There is no continuous residence requirements child’s ILR.

[Ousha]

Thank you so much for your answer
Is that means . I could send him back home and I am coming back . As long as he is here when applying for ILR

[vinny]

Yes. I think he should return to the UK and apply with you for ILR before his leave expires.

[Ousha]

Thank you so much Vinny