Can Children under 16 apply for ILR- Married a widow. Help

[ITGraduate]

Hello There,

Apologies if this is not the right section to ask this query.

I'm asking this behalf of our friend. I would appreciate if one of you can help

My friend who has ILR in UK for the last 8 years recently married a widow ( an indian national ) working on Tier 2 visa in the UK for the last 2 years. She has 1 child ( under 16 ). My friend wants to know if he can get the child an ILR visa?

The child is currently under mothers visa ( dependent tier 2 visa )

Can one of you please advice

Thanks

[CR001]

No, child will follow the same path as the mother

[ITGraduate]

[quote="CR001"]No, child will follow the same path as the mother[/quote]

Thank you for your quick reply. I will let my friend know

We were under the impression that my friend will become the legal guardian/father so that he can apply for ILR immediately as he is under 16

Thanks again

[noajthan]

Stepfathers in general have no specific parental claim or responsibility for stepchildren (in immigration context) unless they also adopt or obtain a PRA or similar.
So stepfathers are generally invisible in these processes.

[CR001]

Well no, not really. Your friend is merely the 'step father'. Mother is the legal guardian and has 'sole responsibility'.

How old is the child?

[ITGraduate]

[quote="CR001"]Well no, not really. Your friend is merely the 'step father'. Mother is the legal guardian and has 'sole responsibility'.

How old is the child?[/quote]

Hello Both,

The child is 15 year old. I dont think he minds adopting the child so that he can apply ILR for the child

Thanks again

[CR001]

How long has the child and mother been in the UK?

[ITGraduate]

[quote="CR001"]How long has the child and mother been in the UK?[/quote]

mother came to UK sept 2015, child joined mother Nov 2015

Thanks

[CR001]

Unlikely the child will get ILR to be honest.

Probably an application on FLR(M) which will reset the clock for ILR to zero and start a new 5 year period towards ILR. Mother will also have to apply for FLR(M) then with child as dependent.

It will most likely be best to stay on the path they are on and apply for ILR in 2020.

[ITGraduate]

I think its best to stay quiet and apply in Nov 2020. Dont want to take the risk and reset the ILR clock.

Finally do you think his wife should become dependent on my friend. His wife is on tier 2 visa and would have more flexibility in changing employers if she becomes his dependent ( ILR dependent )

are their any consequences for her here?

i am going to have a party from my friend today for giving him this information- thanks to you all for your help

Thanks

[CR001]

Wife AND child can apply for FLR(M) - spouse/child settlement visa - but it will reset their clock to zero and they will have to wait a new 5 year period before they can apply for ILR. This route is 2 X 2.5 year visas and IHS is payable at £500 for each applicant for each stage, on top of the visa application fee.

The time spent on Tier 2 will be lost.

There is no 'quick' route to ILR or BC.

[ITGraduate]

In that case i would advise him not to change his wife's visa category. I hope after 5 years on tier 2 she will be able to change to ILR ( believe home office wouldn't change the rule )

i just spoke to him on the phone and he said the reason he wants to change his step sons visa category is to make sure they pay fees as home student for university. Apparently wants to become a doctor and the fees for home student is 30K and home student is 11K per year

Thanks again for your time and help with this

[noajthan]

In that case i would advise him not to change his wife's visa category. I hope after 5 years on tier 2 she will be able to change to ILR ( believe home office wouldn't change the rule )

i just spoke to him on the phone and he said the reason he wants to change his step sons visa category is to make sure they pay fees as home student for university. Apparently wants to become a doctor and the fees for home student is 30K and home student is 11K per year

Thanks again for your time and help with this

Many changes may happen in coming years in all sorts of areas (wife's work; child's ambitions; HO Regulations; university fee rates & etc).
Best to take nothing for granted.

Check UKCISA for Home status requirements.

Good luck.

[ITGraduate]

will definitely check- thank you

[CR001]

For home fees at uni, the child will need 3 years residence AND hold settled (ILR) status.