5 yr or 10 yr route?

[Ludmilapf]

Hi
My husband’s dependent visa started on 12th June 2019 and ends 28th April 2024. He is short around 48 days for his ILR. How can he cover this period?

One way someone suggested is to submit the application on 27th April and do the biometrics on 17th of May, this way he is technically submitting the application only on 17th of May which is within the 5yrs-28 days window. Would this work?

[meself2]

It would work.
See this for longer explanation: How to apply early and benefit from the date of the ILR decision ?

[Ludmilapf]

Hi
My daughter got her
tier 2 general dependent visa (dad’s dependent) valid from 12/3/2015 to 19/9/2019
Entered the UK on 23/04/2015
Due to some personal circumstances she went to India on 14/10/2015 and came back on 01/05/2016 and continued staying with us in the UK.
In 2019 unfortunately her dad lost his job and I got my tier 2 pbs visa on 28/04/2019.
My husband didnt get any letter from home office , so they all continued to be on his visa for some more time. My daughter became my dependent on 14/10/19 and her brp validity is till 28/4/24.

Long story short, me and my husband will be receiving our ILR by Apr 2024. What should I do for my daughter? She will be 6 months short for her 5 yr route. Will she be able to apply for ILR along with my husband’s ILR application? Ideally we would like to apply for citizenship for her directly, if that’s not the case may be apply for ILR directly without any extension. Any advice is greatly appreciated

[meself2]

She settles when both parents settle, so whoever is the last parent to get ILR, she applies with them.

She have to have either ILR or 10 years residence in the UK for citizenship - read the guide https://www.gov.uk/government/publicati ... 1-guidance .

[zimba]

Children do NOT have a 5-year residence requirement for ILR as advised, they will settle when both parents settle. Dependant visa holders depend on someone else's visa status and settle after their sponsor settles unless somehow they qualify for ILR on their own (e.g. under private life route or long residence).

Non-UK born children also have NO entitlement to British citizenship at all. They need to have ILR and can be registered only when at least one parent is British and the other is settled.

[Ludmilapf]

Thank you for the reply. If we apply for her ILR along with her dad (April 2024) would her application be accepted provided, she is short by 6 months?

[CR001]

Thank you for the reply. If we apply for her ILR along with her dad (April 2024) would her application be accepted provided, she is short by 6 months?

There is NO minimum 5 year residence route for children. They qualify to settled when both parents settle or one is settled and the other is applying. You have already been advised of this today!!

[Ludmilapf]

Thank you!