For kid’s ILR both parents should have ILR ?

[dk2011]

My interpretation of the below immigration rule is kid’s can get ILR only when both parents have ILR?
Can you please check and confirm?
Requirements for indefinite leave to remain in 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
298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with 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) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child's upbringing or the child normally lives with this parent and not their other parent; or
(d) one parent or a relative is present and settled in the United Kingdom and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

[Amber]

Yes unless they meet the above exceptions. It would depend on the circumstances of which you've not given.

[dk2011]

Thanks Amber . The circumstance is , i have already got ILR (WP+Tier 2 route) and am planning to apply for my dependents .
So, if my wife's ILR gets rejected then Kid's ILR would get rejected as well ? Yeah ?
I spoke to one of the solicitor and he said 180 days rule applies to PBS dependent as well and the decision is based on CW discretion. My wife was out for 526 days countinuously(Maternity) so there are chances of rejection ?
In this case my kid's ILR would also get rejected ?
It looks like a risk.

[Amber]

1. Ask the solicitor for the rule of 180 day absence for pbs deps and where you can find it 2. if you are seeing a solicitor then why are you posting here? You are paying for the advice so you should perhaps not have to come on here to only rebut the answers with your solicitor's advice. You cannot hold us accountble but you can your solicitor.

[dk2011]

I had an initial advice from one of the solicitor. My intention isn’t to rebut any response or held accountable anyone. My only aim is to have confirmation that long gap isn’t a problem given the amount of money one has to pay for the ILR application. Just trying to ensure not risking hard earned money. Thanks a lot for your help.

[UKBALoveStory]

My only aim is to have confirmation that long gap isn’t a problem

Search this forum and you will find the answer. A user named "vinny" has posted many times

[tcmydear]

You can apply SET F for child under paragraph 319 J (e) of the immigration rules,
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

My only aim is to have confirmation that long gap isn’t a problem

Search this forum and you will find the answer. A user named "vinny" has posted many times