PBS Dependant child - "shortest expiry date"

[gmartin]

Hi,
I would very much appreciate if anyone could offer some help on this.

Both me and my husband have each our Tier 2 - General visa, mine in the process of being extended for one year (then I will be eligible for ILR) and my husband waiting for his COS to extend for another 3 years (needs 2 more years for ILR). Currently our children are my dependants, they have always been for almost 8 years, the last 4 under Tier2). They have my current expiry date. I did not extend theirs in this last extension, hoping they could extend this time under my husband as he is going to have a longer leave (hoping to save some money here!).
I was, however checking that the latest PBS dependant guidance they have updated it with this:

"Children: We will grant leave in line with:
(i) a period which expires on the same day as the leave granted to the parent whose leave expires first"

Would this mean then that even if they apply with my husband as main applicant they would get my expiration date as mine will be shorter than my husbands?

Even if I extend their visa under me, they wont be eligible in a years time for ILR like me, and I will have to extend again for another year until my husband is eligible for ILR right?

thanks for your help

Giovanna

[CR001]

There is no minimum residence for ILR for children. They could apply with you.

[gmartin]

Hi,

Thanks for your reply, but I was reading the UKBA website which says:

"Eligibility for children

Your child can apply if they:
were previously given permission to stay in the UK as your child
are not married or in a civil partnership
will live with you and be supported by you without using public funds

You and your child’s other parent must both be settled in the UK legally, or currently applying to settle, for the child to be allowed to settle."

So I was thinking I needed to wait for my husband to be eligible to apply for ILR in order for my children to apply as well. That is why I was hoping to extend theyir current dependant leave under my husband not under mine. I am trying to figure out what is best.

thanks again for your help

giovanna

[gmartin]

Sorry, I am not sure why I cannot edit my previous post, but what are your thoughts on what I previously posted?

kind regards

giovanna