Can skilled worker kid eligible to get ILR if the main candidate gets ILR ?

[syamK]

Dear Team,

Good evening. I have a query about 5 years ILR route. A candidate is working in UK on skilled worker VISA and dependent also working. After couple of years, the dependent get the sponsorship and switched from dependent to main applicant on her/his own VISA. At the same time the main applicant switched to her/his dependent.

Will they be eligible for ILR ?

[meself2]

I think when the switch happened, the ILR clock went to zero, so they have to rack up 5 years on their new paths (skilled worker/dependent) from scratch. Might be incorrect.

[zimba]

Time spent as the main applicant and also as a dependent cannot be combined under the Skilled worker route. Switching resets the 5 year qualifying ILR clock back to zero as they move to a different route

[syamK]

Thank you

[syamK]

Dear Team,
I am on a skilled worker VISA from last 3 years and I have a kid born in UK last year. In another 2 years I will be eligible to apply for ILR, but my kid will be completing only 3 years.Can I apply ILR for him too even though he didn't complete 5 years?

How many months he can stay outside UK so that his ILR eligibility will not be impacted ?

Can you be able to direct me to the UK GOV url please.

Thank you.

[zimba]

Dear Team,
I am on a skilled worker VISA from last 3 years and I have a kid born in UK last year. In another 2 years I will be eligible to apply for ILR, but my kid will be completing only 3 years.Can I apply ILR for him too even though he didn't complete 5 years?

How many months he can stay outside UK so that his ILR eligibility will not be impacted ?

Thank you.

Children settle when their parents settle. There is no minimum residence requirement for children at all. Children born in the UK can be registered as British directly without the need to have ILR, after one parent settles

[syamK]

Thank you very much, can you please share the UK GOV link.

[zimba]

Relationship requirement for settlement for a dependent partner or dependent child of a Skilled Worker
SW 39.1. The applicant must be the partner or child of a person (P) where one of the following applies:
(a) P is, at the same time, being granted settlement as a Skilled Worker; or
(b) P is settled in the UK or has become a British citizen, providing P had permission as a Skilled Worker when they settled and the applicant either:
i) had permission as P’s partner or child at that time; or
ii) is applying as a child of P, and was born in the UK before P settled.
SW 39.2. The applicant must either:
(a) have last been granted permission as a dependent partner or dependent child of the person (P) in SW 39.1; or
(b) have been born in the UK and be applying as a child of the person (P) in SW 39.1.
SW 39.3. If applying as a partner, the applicant and the person (P) in SW 39.1. must meet the relationship requirement in SW 29.2 to SW 29.4. and must have met them throughout the 5 years ending on the date of application.

SW 39.4. If applying as a child, the applicant’s other parent (who is not the person (P) in SW 39.1.) must be being granted settlement at the same time, or be settled or a British citizen, unless:
(a) the person (P) in SW 39.1. is the applicant’s sole surviving parent; or
(b) the person (P) in SW 39.1. has sole responsibility for the applicant’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement.

https://www.gov.uk/guidance/immigration ... led-worker

Registration guide: https://www.gov.uk/government/publicati ... y-guidance

[syamK]

Thank you very much