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ILR Eligibility for a 4 year child via skilled worker/Tier 2 dependant route

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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hassanm_80
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Joined: Thu Jun 22, 2023 7:42 pm
United Kingdom

ILR Eligibility for a 4 year child via skilled worker/Tier 2 dependant route

Post by hassanm_80 » Thu Jun 22, 2023 7:56 pm

Hello admins,

I will really appreciate if someone can help me on the following issue.

I migrated to the UK in 2010, and after completing my 5 year Tier 2 (general) route, got my UK nationality in 2020.
I got married in 2018 and brought my wife to UK on Tier 2 dependent visa in June 2018.
My son was born in March 2019 outside UK and we brought him to UK on Tier 2 dependent visa as well in May 2019.
My wife has now completed her 5 years this month and is now eligible for ILR through Tier 2/Skilled worker dependent visa.
However I am unsure about whether my son, who is 4 year and 3 months old and has not completed his 5 years technically, is eligible to apply for ILR now, or he has to wait for another 9 months before he completes his 5 years.
My understanding after reading the eligibility criteria is that my son doesnt need to complete 5 years and can apply with my wife.

Please can anyone reply to this?
Thanks a lot and much appreciated.

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CR001
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Re: ILR Eligibility for a 4 year child via skilled worker/Tier 2 dependant route

Post by CR001 » Thu Jun 22, 2023 8:46 pm

He can apply for ILR when your spouse does. There is no minimum 5 years for children. They qualify for ILR when both parents do or when the one has ILR and the other is applying.
Char (CR001 not Casa)
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hassanm_80
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Posts: 2
Joined: Thu Jun 22, 2023 7:42 pm
United Kingdom

Re: ILR Eligibility for a 4 year child via skilled worker/Tier 2 dependant route

Post by hassanm_80 » Thu Jun 22, 2023 9:14 pm

Thank you so much sir for the reply. Highly appreciated.

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