Children of divorced parents

[hserrano]

Hi folks,
[TL;DR] Children of two parents legally living and working in the UK can't stay in the country.

My case might seem simple at a first glance. At least that's what I thought.
Apparently it is a very complicated one so I guess I could use some of your insights and maybe hear from people in similar situations.

I moved to the UK in Jan 2019 with my wife and our two children on General Tier 2 visa.
In 2021 our relationship dissolved. We separated but we kept an amicable relationship (we got legally divorced in 2024) and shared custody arrangement (50/50).
In 2022 she obtained her own Skilled Worker visa.
In Feb 2024 I applied for ILR on the 5 years route, which was granted.
At the same time, I also applied for ILR for my children and that's when my nightmare started.

It turned out that she is not eligible for settlement yet (the clock reset for her in 2022) and because I don't have sole responsibility for the children, they are not eligible for settlement and their applications were refused. In their application I informed the home office that we are Brazilian nationals but the children (now 8 and 11 years old) have never lived there and have spent more than half of their lives in the UK.


I spoke with an immigration advisor and, well... It turns out that apparently they are not even eligible to stay in the country (even though both of their parents are legally here and in full-time employment) because since neither parent have sole responsibility for them, they can't even apply for a family visa.


Is it there anything the immigration advisor is missing?
This all seems so wrong.
Any suggestion, advice or shared similar stories are much appreciated.

[CR001]

Advisor is talking nonsense.

Children will qualify for ilr when their mother does, provided they have a valid skilled worker dependent visa.

You have not said what the children's visa status is currently??

[hserrano]

Many thanks for your reply.
Their mother will qualify for ILR in 2027.
The boys are currently on a Tier 2 (General) dependant visa (expired in 2024 but pending decisions on their current applications).
Their mother switched from a Tier 2 (General) dependant visa to a Skilled Worker visa in 2022.

Do mean that they can apply for dependant visa under their mother's Skilled Worker visa?

Thanks you a lot.