ILR for Kid - spouse not settled

[FOR_ILR]

Hi Gurus,

My kid was born in Mar-2013, and came to UK under category 'Dependent of settled person' (VISA TO ACC Mother / carer <father name>).

My wife is also in same category Visa Spouse/CP.

I was reading through settlement rules ( I have pasted that below):
Eligibility for children
Your child can apply if they:

were previously given permission to stay in the UK as your child
aren’t 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 in the UK legally, or currently applying to enter, remain or settle, for the child to be allowed to settle.

Your child can also apply to settle in one of the following situations:

you’re the child’s sole surviving parent
you have sole responsibility for the child’s upbringing
there are serious or compelling family or other considerations, for example you (if you’re settled in the UK) or your child has a serious illness

As my wife is already in UK as my dependent with a valid VISA, can I apply ILR for my kid alone? if yes, which form to use.

I was looking at SET(0) and SET (M) - both has no option to apply only for dependent child.

My wife will be eligible for ILR only in 2018 - as she had to switch from PBS Tier1 Dependent to Spouse of Dependent of settled person in Jun-2013 (applied for her visa before expiry of PBS tier1 dependent visa from outside UK), so I was told that 5 year rule applies.

Kindly advice.

Thanks,
S K Rao

[CR001]

The child will qualify for ILR when the mother does as the childs visa has been issued in line with the mother.

[secret.simon]

As my wife is already in UK as my dependent with a valid VISA, can I apply ILR for my kid alone?

No. The status of children born abroad is in-line with the less-privileged parent. So, s/he would only be eligible for ILR along with your wife.

EDIT: Typed in parallel with CR001

[FOR_ILR]

As my wife is already in UK as my dependent with a valid VISA, can I apply ILR for my kid alone?

No. The status of children born abroad is in-line with the less-privileged parent. So, s/he would only be eligible for ILR along with your wife.

EDIT: Typed in parallel with CR001

Hi,

Thanks for your reply, when I was reading through the refusal ground for child's ILR visa, I see following:

Refusal of indefinite leave to enter or 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

300. 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 is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. 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 is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 298 is met.

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) [u]one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing[/u] 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

(ii) has or has had limited leave to enter or remain in the United Kingdom, and

(a) is under the age of 18; or

(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or

(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or

(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or

(e) was last given limited leave to remain under paragraph 298A; and
(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and

(v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds; and

(vi) does not fall for refusal under the general grounds for refusal, and

( vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.

298A. If an applicant does not meet the requirements of paragraph 298 only because:

(a) the applicant does not meet the requirement in paragraph 298(vi) by reason of a sentence or disposal of a type mentioned in paragraph 322(1C)(iii) or (iv); or
(b) an applicant aged 18 or over does not meet the requirement in paragraph 298(vii); or
(c) the applicant would otherwise be refused indefinite leave to remain under paragraph 322(1C)(iii) or (iv), the applicant may be granted limited leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds.



From the above list of points (long)
=============================================
1. My Daughter was given permission to enter UK and remain for 33 months under 'APPENDIX FM'
2. I'm solely responsible for my Daughter's up-bringing, had provided all income proof and financial maintenance details during her entry clearance visa.

Is there an option to submit for ILR, in case of not eligible - will it get converted to Limited leave to remain?

Thanks,
S K

[CR001]

Your are misunderstanding the 'solely responsible' provision/definition. You are not solely responsible if you are married and your wife is in the UK. Solely responsible is for single parents etc.