ILR for child - FLR for wife

[vijar]

Hi All,

Can the child born abroad be included with the ILR application of main applicant (Father) for ILR even when other parent (Mother) is not elligible for ILR and applying for FLR.

Or the child can only apply for ILR when both parent have or applying for ILR together with child.

Thanks,

[vijar]

Anyone please?

[vinny]

There is insufficient information to comment. It depends on the Immigration rules that is applicable.

[vijar]

Sorry let me provide some more information.

This is about Tier 1 (General) holder applying for ILR after completion of 5 years. There are two dependents (Wife and Child). Wife has been in the UK only for 15 months in last 5 years so can not apply for ILR. Child has been in the UK for three years.

So, could the application be for
Main application - ILR
Child - ILR
Wife - FLR.

My concern is coming from the following from UK BA site, which talks about both parents to apply for settlement at the same time.

The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement;

Thanks,

[vinny]

See also Dependants of ILR (economic, 5 year route) applicants.
319C for wife and 319J for child.