Is 2-year dependency rule applicable for Set (F)

[tulips4u]

Could someone please advise me on Set (F). Sorry for the long post, but wanted to provide all the details.

Here is my situation:
My husband now has citizenship. I and my daughter were on limited leave to remain as my husband’s dependents, which was obtained in 2011 when my husband was on ILR. Our two year qualifying period as dependents ends only at the end of August. However, in the meantime I applied for ILR through the 10-year rule in Sept 12 and got it last week (after an agonizing 7-month wait and repeated reminders ).

My question is: given that my husband is a citizen and I am now a permanent resident, can we apply for ILR for our daughter before she completes 2 years as my husband’s dependent? We do not want to apply for citizenship directly as the waiting times are over 6 months, and would rather have at least ILR which can be through the same-day service.

(Our daughter was born out of UK and arrived here at 6 months of age, and has been living here for the last 5.5 years continuously. She was initially my dependent, but our situation got complicated as I had to give up work (on Tier 1 visa) and we both had to transfer to be my husband’s dependents in Aug 2011)

I would really appreciate some advise and many thanks in advance.

[vinny]

Should be okay. There's no two-year requirement for children's ILR under the rules prior to 9 July 2012.

[tulips4u]

Hi Vinny,

Thanks a lot for your reply. Could I just confirm whether it would still be OK even if my daughter was born OUTSIDE of the UK.

We have booked an appointment for next week at Croydon and your advise is greatly appreciated.

Thanks again

[vinny]

Should be okay.

[tulips4u]

Hi Vinny,
Thanks a lot for your advise. Much appreciated!