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My wife and I are on ILR which we got in Mar 2016 through the Tier 1 route. Our daughter born in UK in Feb 2013 is currently a PBS dependant and is eligible to get British citizenship. However we would like to retain her Indian citizenship and apply for ILR or ILR dependant instead. Please could you help us with the following queries?
1. Is she eligible for ILR or only ILR dependant? Which of the two should we apply for?
2. Which form should we use for the same?

Many thanks in advance.

She remains a PBS dependant until eligible for ILR. Use SET(O)

Thank you zimba88. When will she become eligible for ILR considering she was born in UK in Feb 2013?

As a normal PBS dependant would, after 5 years on the PBS dependant visa.
Being born in the UK simply gives her the right to register as BC, that is all.

Thank you zimba88. Is the total fee going to be £3487 (Visa fee: £2297 + Premium service fee: £590 + Healthcare surcharge for three years: £600)? Can we apply just for a 1 year visa and pay £200 only for Healthcare surcharge?

No. PBS dependant visa extension is for 3 years and you cannot choose a shorter time

Got it! Thank you zimba88.

Also, while booking appointment which option should I select? Settlement - SET (O) or PBS Work and Dependants - PBS Dependant (Tiers 1 and 5)?

If you are applying for PBS dependant visa then you should select that.

Use this form: https://www.gov.uk/government/publicati ... -dependant

Both me and my wife are on ILR now. But was Tier 1 General previously. Therefore the confusion between these two forms. Please could you confirm which of the two should I use?

https://www.gov.uk/government/publicati ... -dependant

OR

https://www.gov.uk/government/publicati ... -form-seto

It would have made more sense to apply for the child when you and your spouse applied.

Why did you not include the child in 2016?

At that time we thought of getting British citizenship for her. But changed our mind since then. Now want to retain her Indian citizenship.

Use the form I posted. SET(O) is for a settlement/ILR application not a PBS dependant visa.

Thank you zimba88.
I was reading rule 319J. Doesn't my daughter qualify for ILR under this rule?

319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(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.
(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.
(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Please note in the printed version of CM5829 these points appear in error numbered as an alternative version of 316D (iii) and (iv).

CR001 wrote:It would have made more sense to apply for the child when you and your spouse applied.

Why did you not include the child in 2016?

Are you suggesting I should have applied for her ILR? Is she eligible for ILR as per rule 319J?

h1b||tier1 wrote:

CR001 wrote:It would have made more sense to apply for the child when you and your spouse applied.

Why did you not include the child in 2016?

Are you suggesting I should have applied for her ILR? Is she eligible for ILR as per rule 319J?

Why did you think the child did not qualify if both parents applied for and was granted ILR??

I do understand it now. Will apply for her ILR using SET(O) so that we can retain her Indian citizenship.

Thank you so much. Please could you help with the following queries on the ILR application?
Is this list of documents sufficient? Can I pay the fees online? Is the fees £2297 + £590 = £2887 for the premium appointment?
1. Daughter's passport and current PBS dependant BRP
2. Both parents's passport and ILR BRPs
3. Filled SET(O) form
4. Daughter's UK birth certificate
5. Bank statements for both parents covering last three months
6. Online appointment confirmation mail